Common use of Claims Covered and Released Clause in Contracts

Claims Covered and Released. 4.1 Xxxxxxxxx’x Release of Proposition 65 Claims Xxxxxxxxx acting on her own behalf, and not on behalf of the public, releases Xxxx, its parents, subsidiaries, affiliated entities under common ownership, directors, officers, agents employees, attorneys, and each entity to whom Xxxx directly or indirectly distributes or sells the Products, including, but not limited, to downstream distributors, wholesalers, customers, retailers, franchisees, cooperative members, importers, and licensees, including but not limited to Callaway Golf Company (collectively, “Releasees”), from all claims for violations of Proposition 65 through the Effective Date based on unwarned exposures to lead in the Products. The Parties understand and agree that this Section 4.1 release shall not extend upstream to any entities that manufactured the Products or any component parts thereof, or any distributors or suppliers who sold the Products or any component parts thereof to Xxxx.

Claims Covered and Released. 4.1 Xxxxxxxxx’x Xxxxxxx’x Release of Proposition 65 Claims Xxxxxxxxx Xxxxxxx acting on her his own behalf, and not on behalf of the public, releases XxxxXxxxxx, its parents, subsidiaries, affiliated entities under common ownership, directors, officers, agents employees, attorneys, and each entity to whom Xxxx Xxxxxx directly or indirectly distributes or sells the Products, including, but not limitedlimited to, to downstream distributors, wholesalers, customers, retailers, franchisees, cooperative members, importers, and licensees, including but not limited to Callaway Golf Company Big Lots (collectively, “Releasees”), from all claims for violations of Proposition 65 through the Effective Date based on unwarned exposures to lead in the Products. The Parties further understand and agree that this Section 4.1 release shall not extend upstream to any entities that manufactured the Products or any component parts thereof, or any distributors or suppliers who sold the Products or any component parts thereof to XxxxXxxxxx.

Claims Covered and Released. 4.1 Xxxxxxxxx’x Xxxxxxx’x Release of Proposition 65 Claims Xxxxxxxxx Xxxxxxx acting on her his own behalf, and not on behalf of the public, releases XxxxJust Funky, its their parents, subsidiaries, affiliated entities under common ownership, directors, officers, agents employees, attorneys, and each entity to whom Xxxx Just Funky directly or indirectly distributes or sells the sell Products, including, but not limitedlimited to, to downstream distributors, wholesalers, customers, retailersretailers (including, specifically, Hot Topic), franchisees, cooperative members, importers, and licensees, including but not limited to Callaway Golf Company licensees (collectively, “Releasees”), from all claims for violations of Proposition 65 through the Effective Date based on unwarned exposures to lead in the Products. The Parties further understand and agree that this Section 4.1 release shall not extend upstream to any entities that manufactured the Products or any component parts thereof, or any distributors or suppliers who sold the Products or any component parts thereof to XxxxJust Funky.

Claims Covered and Released. 4.1 Xxxxxxxxx’x Xxxxxxx’x Release of Proposition 65 Claims Xxxxxxxxx Xxxxxxx acting on her his own behalf, and not on behalf of the public, releases XxxxX.X. Merchandising, its parents, subsidiaries, affiliated entities under common ownership, directors, officers, agents employees, attorneys, and each entity to whom Xxxx X.X. Merchandising directly or indirectly distributes or sells the Products, including, but not limited, to downstream distributors, wholesalers, customers, retailers, franchisees, cooperative members, importers, licensors, and licensees, including but not limited to Callaway Golf Company licensees (collectively, “Releasees”), from all claims for violations of Proposition 65 through the Effective Date based on unwarned relating to exposures to lead DEHP in the Products. The Parties further understand and agree that this Section 4.1 release shall not extend upstream to any entities that manufactured the Products or any component parts thereof, or any distributors or suppliers who sold the Products or any component parts thereof to XxxxX.X. Merchandising.

Claims Covered and Released. 4.1 Xxxxxxxxx’x Release of Proposition 65 Claims Xxxxxxxxx acting on her own behalf, and not on behalf of the public, releases XxxxCore Home, its parents, subsidiaries, affiliated entities under common ownership, directors, officers, agents employees, attorneys, and each entity to whom Xxxx Core Home directly or indirectly distributes or sells the Products, including, but not limited, to downstream distributors, wholesalers, customers, retailersretailers including, but not limited to, Nordstrom, Inc., franchisees, cooperative members, importers, and licensees, including but not limited to Callaway Golf Company licensees (collectively, “Releasees”), from all claims for violations of Proposition 65 through the Effective Date based on relating to unwarned exposures to lead DEHP in the Products. The Parties further understand and agree that this Section 4.1 release shall not extend upstream to any entities that manufactured the Products or any component parts thereof, or any distributors or suppliers who sold the Products or any component parts thereof to XxxxCore Home.

Claims Covered and Released. 4.1 Xxxxxxxxx’x Xxxxxxx’x Release of Proposition 65 Claims Xxxxxxxxx Xxxxxxx acting on her his own behalf, and not on behalf of the public, releases XxxxXxx Import, its parents, subsidiaries, affiliated entities under common ownership, directors, officers, agents employees, attorneys, and each entity to whom Xxxx Xxx Import directly or indirectly distributes or sells the sell Products, including, but not limited, to downstream distributors, wholesalers, customers, retailersretailers (including Xxxxx Mart, Inc.), franchisees, cooperative members, importers, and licensees, including but not limited to Callaway Golf Company licensees (collectively, “Releasees”), from all claims for violations of Proposition 65 through the Effective Date based on unwarned exposures to lead in the Products. The Parties further understand and agree that this Section 4.1 release shall not extend upstream to any entities that manufactured the Products or any component parts thereof, or any distributors or suppliers who sold the Products or any component parts thereof to XxxxXxx Import.

Claims Covered and Released. 4.1 Xxxxxxxxx’x Xxxxxxx’x Release of Proposition 65 Claims Xxxxxxxxx Xxxxxxx acting on her his own behalf, and not on behalf of the public, releases XxxxWin Hang, its parents, subsidiaries, affiliated entities under common ownership, directors, officers, agents employees, attorneys, and each entity to whom Xxxx Win Hang directly or indirectly distributes or sells the Products, including, but not limitedlimited to, to downstream distributors, wholesalers, customers, retailersretailers including, but not limited to Rite Aid Corporation, franchisees, cooperative members, importers, and licensees, including but not limited to Callaway Golf Company licensees (collectively, “Releasees”), from all claims for violations of Proposition 65 through the Effective Date based on unwarned exposures to lead in the Products. The Parties further understand and agree that this Section 4.1 release shall not extend upstream to any entities that manufactured the Products or any component parts thereof, or any distributors or suppliers who sold the Products or any component parts thereof to XxxxWin Hang.

Claims Covered and Released. 4.1 Xxxxxxxxx’x Release of Proposition 65 Claims Xxxxxxxxx acting on her own behalf, and not on behalf of the public, releases XxxxPieces of Me, its parents, subsidiaries, affiliated entities under common ownership, directors, officers, agents employees, attorneys, and each entity to whom Xxxx Pieces of Me directly or indirectly distributes or sells the Products, including, but not limited, to downstream distributors, wholesalers, customers, retailers, franchisees, cooperative members, importers, and licensees, including but not limited to Callaway Golf Company licensees (collectively, “Releasees”), from all claims for violations of Proposition 65 through the Effective Date based on relating to unwarned exposures to lead DEHP in the Products. The Parties further understand and agree that this Section 4.1 release shall not extend upstream to any entities that manufactured the Products or any component parts thereof, or any distributors or suppliers who sold the Products or any component parts thereof to XxxxPieces of Me.

Claims Covered and Released. 4.1 Xxxxxxxxx’x Xxxxxxx’x Release of Proposition 65 Claims Xxxxxxxxx Xxxxxxx acting on her his own behalf, and not on behalf of the public, releases XxxxBWTC, its parents, subsidiaries, affiliated entities under common ownership, directors, officers, agents employees, attorneys, and each entity to whom Xxxx BWTC directly or indirectly distributes or sells the Products, including, but not limitedlimited to, to downstream distributors, wholesalers, customers, retailersretailers including, but not limited to Big Lots Stores, LLC, franchisees, cooperative members, importers, and licensees, including but not limited to Callaway Golf Company licensees (collectively, “Releasees”), from all claims for violations of Proposition 65 through the Effective Date based on unwarned exposures to lead in the Products. The Parties further understand and agree that this Section 4.1 release shall not extend upstream to any entities that manufactured the Products or any component parts thereof, or any distributors or suppliers who sold the Products or any component parts thereof to XxxxBWTC.

Claims Covered and Released. 4.1 Xxxxxxxxx’x Xxxxxxx’x Release of Proposition 65 Claims Xxxxxxxxx Xxxxxxx acting on her his own behalf, and not on behalf of the public, releases XxxxEvriholder, its parents, subsidiaries, affiliated entities under common ownership, directors, officers, agents employees, attorneys, and each entity to whom Xxxx Evriholder directly or indirectly distributes or sells the sell Products, including, but not limitedlimited to, to downstream distributors, wholesalers, customers, retailersretailers including, but not limited to the TJX Companies, Inc., franchisees, cooperative members, importers, and licensees, including but not limited to Callaway Golf Company licensees (collectively, “Releasees”), from all claims for violations of Proposition 65 through the Effective Date based on unwarned exposures to lead in the Products. The Parties further understand and agree that this Section 4.1 release shall not extend upstream to any entities that manufactured the Products or any component parts thereof, or any distributors or suppliers who sold the Products or any component parts thereof to XxxxEvriholder.

Claims Covered and Released. 4.1 Xxxxxxxxx’x Xxxxxxx’x Release of Proposition 65 Claims Xxxxxxxxx Xxxxxxx acting on her his own behalf, and not on behalf of the public, releases XxxxXxxxx Xxxxxx, its parents, subsidiaries, affiliated entities under common ownership, directors, officers, agents employees, attorneys, and each entity to whom Xxxx Xxxxx Xxxxxx directly or indirectly distributes or sells the Products, including, but not limited, to downstream distributors, wholesalers, customers, retailersretailers including, but not limited to HomeGoods, franchisees, cooperative members, importers, and licensees, including but not limited to Callaway Golf Company licensees (collectively, “Releasees”), from all claims for violations of Proposition 65 through the Effective Date based on unwarned exposures to lead in the Products. The Parties understand and agree that this Section 4.1 release shall not extend upstream to any entities that manufactured the Products or any component parts thereof, or any distributors or suppliers who sold the Products or any component parts thereof to XxxxXxxxx Xxxxxx.

Claims Covered and Released. 4.1 Xxxxxxxxx’x Release of Proposition 65 Claims Xxxxxxxxx acting on her own behalf, and not on behalf of the public, releases XxxxXxxxxxx, its parents, subsidiaries, affiliated entities under common ownership, directors, officers, agents employees, attorneys, and each entity to whom Xxxx Xxxxxxx directly or indirectly distributes or sells the Products, including, but not limited, to downstream distributors, wholesalers, customers, retailers, including, but not limited to, Ace Hardware Corporation, franchisees, cooperative members, importers, and licensees, including but not limited to Callaway Golf Company licensees (collectively, “Releasees”), from all claims for violations of Proposition 65 through the Effective Date based on relating to unwarned exposures to lead DEHP in the Products. The Parties further understand and agree that this Section 4.1 release shall not extend upstream to any entities that manufactured the Products or any component parts thereof, or any distributors or suppliers who sold the Products or any component parts thereof to XxxxXxxxxxx.

Claims Covered and Released. 4.1 Xxxxxxxxx’x Release of Proposition 65 Claims Xxxxxxxxx acting on her own behalf, and not on behalf of the public, releases XxxxMacy’s, its parents, subsidiaries, affiliated entities under common ownership, directors, officers, agents employees, attorneys, and each entity to whom Xxxx Macy’s directly or indirectly distributes or sells the Products, including, but not limited, to downstream distributors, wholesalers, customers, retailers, franchisees, cooperative members, importers, and licensees, including but not limited to Callaway Golf Company licensees (collectively, “Releasees”), from all claims for violations of Proposition 65 through the Effective Date based on unwarned exposures to lead in the Products. The Parties understand and agree that this Section 4.1 release shall not extend upstream to any entities that manufactured the Products or any component parts thereof, or any distributors or suppliers who sold the Products or any component parts thereof to XxxxMacy’s.

Claims Covered and Released. 4.1 Xxxxxxxxx’x Release of Proposition 65 Claims Xxxxxxxxx acting on her own behalf, and not on behalf of the public, releases XxxxSimple Symbol, its parents, subsidiaries, affiliated entities under common ownership, directors, officers, agents employees, attorneys, and each entity to whom Xxxx Simple Symbol directly or indirectly distributes or sells the Products, including, but not limitedlimited to, to downstream distributors, wholesalers, customers, retailersretailers including, but not limited to, 99 Cents Only Stores LLC, franchisees, cooperative members, importers, and licensees, including but not limited to Callaway Golf Company licensees (collectively, “Releasees”), from all claims for violations of Proposition 65 through the Effective Date based on unwarned exposures to lead in the Products. The Parties further understand and agree that this Section 4.1 release shall not extend upstream to any entities that manufactured the Products or any component parts thereof, or any distributors or suppliers who sold the Products or any component parts thereof to XxxxSimple Symbol.

Claims Covered and Released. 4.1 Xxxxxxxxx’x Xxxxxxx’x Release of Proposition 65 Claims Xxxxxxxxx Xxxxxxx acting on her his own behalf, and not on behalf of the public, releases XxxxTARASH, its parents, subsidiaries, affiliated entities under common ownership, directors, officers, agents employees, attorneys, and each entity to whom Xxxx TARASH directly or indirectly distributes or sells the Products, including, but not limitedlimited to, to downstream distributors, wholesalers, customers, retailersretailers including, but not limited to The TJX Companies, Inc., franchisees, cooperative members, importers, and licensees, including but not limited to Callaway Golf Company licensees (collectively, “Releasees”), from all claims for violations of Proposition 65 through the Effective Date based on unwarned exposures to lead in the Products. The Parties further understand and agree that this Section 4.1 release shall not extend upstream to any entities that manufactured the Products or any component parts thereof, or any distributors or suppliers who sold the Products or any component parts thereof to XxxxTARASH.

Claims Covered and Released. 4.1 Xxxxxxxxx’x Xxxxxxxxx’s Release of Proposition 65 Claims Xxxxxxxxx acting on her own behalf, and not on behalf of the public, releases XxxxXR, its parents, subsidiaries, affiliated entities under common ownership, directors, officers, agents employees, attorneys, and each entity to whom Xxxx XR directly or indirectly distributes or sells the Products, including, but not limited, to downstream distributors, wholesalers, customers, retailersretailers including, but not limited to Hustler Hollywood, franchisees, cooperative members, importers, and licensees, including but not limited to Callaway Golf Company licensees (collectively, “Releasees”), from all claims for violations of Proposition 65 through the Effective Date based on unwarned exposures to lead in the Products. The Parties understand and agree that this Section 4.1 release shall not extend upstream to any entities that manufactured the Products or any component parts thereof, or any distributors or suppliers who sold the Products or any component parts thereof to XxxxXR.

Claims Covered and Released. 4.1 Xxxxxxxxx’x Xxxxxxx’x Release of Proposition 65 Claims Xxxxxxxxx Xxxxxxx acting on her his own behalf, and not on behalf of the public, releases XxxxXx- Xxx, its parents, subsidiaries, affiliated entities under common ownership, directors, officers, agents employees, attorneys, and each entity to whom Xxxx Xx-Xxx directly or indirectly distributes or sells the Products, including, but not limited, to downstream distributors, wholesalers, customers, retailers, franchisees, cooperative members, importers, and licensees, including but not limited to Callaway Golf Company licensees (collectively, “Releasees”), from all claims for violations of Proposition 65 through the Effective Date based on unwarned exposures to lead in the Products. The Parties understand and agree that this Section 4.1 release shall not extend upstream to any entities that manufactured the Products or any component parts thereof, or any distributors or suppliers who sold the Products or any component parts thereof to XxxxXx-Xxx.

Claims Covered and Released. 4.1 Xxxxxxxxx’x Release of Proposition 65 Claims Xxxxxxxxx acting on her own behalf, and not on behalf of the public, releases XxxxXxxxx Xxxxx, its parents, subsidiaries, affiliated entities under common ownership, directors, officers, agents employees, attorneys, and each entity to whom Xxxx Xxxxx Xxxxx directly or indirectly distributes or sells the sell Products, including, but not limitedlimited to, to downstream distributors, wholesalers, customers, retailersretailers including, but not limited to HomeGoods, Inc., franchisees, cooperative members, importers, and licensees, including but not limited to Callaway Golf Company licensees (collectively, “Releasees”), from all claims for violations of Proposition 65 through the Effective Date based on unwarned exposures to lead in the Products. The Parties further understand and agree that this Section 4.1 release shall not extend upstream to any entities that manufactured the Products or any component parts thereof, or any distributors or suppliers who sold the Products or any component parts thereof to XxxxXxxxx Xxxxx.