Common use of Claims Covered and Released Clause in Contracts

Claims Covered and Released. 4.1 CRC’s Release of BMI CRC, acting on its own behalf and not on behalf of the public, fully releases and discharges BMI and its respective officers, directors, shareholders, employees, agents, parent companies, subsidiaries, divisions, affiliates, franchisees, licensees, customers, suppliers, distributors (the “Defendant Releasees”) and all entities to which Defendant Releasees directly or indirectly distribute or sell the Product, including, but not limited to, Super Center Concepts, Inc., and any other distributors, wholesalers, customers, retailers, franchisees, licensors, and licensees, (collectively, the "Released Parties" and individually, a “Released Party”). CRC, on behalf of itself and its officers, directors, shareholders, employees, agents, parent companies, subsidiaries and divisions hereby fully releases and discharges the Released Parties from any and all claims, actions, causes of action, suits, demands, liabilities, damages, penalties, fees, costs, and expenses asserted, or that could have been asserted up to and through the Compliance Date based on or related to the handling, use, sale, distribution, or consumption of the Product in California, as to any alleged violation of Proposition 65 or its implementing regulations, including without limitation any failure to provide Proposition 65 warnings on the Product with respect to exposures to lead.

Claims Covered and Released. 4.1 CRC’s Release of BMI Xxxxxxx Xxxxx CRC, acting on its own behalf and not on behalf of the public, fully releases and discharges BMI Xxxxxxx Xxxxx and its respective officers, directors, shareholders, employees, agents, parent companies, subsidiaries, divisions, affiliates, franchisees, licensees, customers, suppliers, distributors (the “Defendant Xxxxxxx Xxxxx Releasees”) and all entities to which Defendant Xxxxxxx Xxxxx Releasees directly or indirectly distribute or sell the Product, including, including but not limited toto Gourmet Merchants International, Super Center Concepts, Inc.Inc. and Bristol Farms, and any other distributors, wholesalers, customers, retailers, franchisees, licensors, and licensees, licensees (collectively, the "“Released Parties" ” and individually, a “Released Party”). CRC, on behalf of itself and its officers, directors, shareholders, employees, agents, parent companies, subsidiaries and divisions hereby fully releases and discharges the Released Parties from any and all claims, actions, causes of action, suits, demands, liabilities, damages, penalties, fees, costs, and expenses asserted, or that could have been asserted up to and through the Compliance Date based base on or related to the handling, use, sale, distribution, distribution or consumption of the Product in California, as to any alleged violation of Proposition 65 or its implementing regulations, including without limitation any failure to provide Proposition 65 warnings on the Product with respect to exposures to lead.

Claims Covered and Released. 4.1 CRC’s Release of BMI LAF CRC, acting on its own behalf and not on behalf of the public, fully releases and discharges BMI LAF and its respective officers, directors, shareholders, employees, agents, parent companies, subsidiaries, divisions, affiliates, franchisees, licensees, customers, suppliers, distributors (the “Defendant Releasees”) and all entities to which Defendant Releasees directly or indirectly distribute or sell the Product, including, but not limited to, Super Center Concepts, Inc., and any other distributors, wholesalers, customers, retailers, franchisees, licensors, and licensees, including but not limited to Chedraui USA, Inc. (formerly Bodega Latina Corporation dba El Super) (“Downstream Releasee”) (collectively, the "Released Parties" and individually, a “Released Party”). CRC, on behalf of itself and its officers, directors, shareholders, employees, agents, parent companies, subsidiaries and divisions hereby fully releases and discharges the Released Parties from any and all claims, actions, causes of action, suits, demands, liabilities, damages, penalties, fees, costs, and expenses asserted, or that could have been asserted up to and through the Compliance Date based on or related to the handling, use, sale, distribution, distribution or consumption of the Product in California, as to any alleged violation of Proposition 65 or its implementing regulations, including without limitation any failure to provide Proposition 65 warnings on the Product with respect to exposures to lead.

Claims Covered and Released. 4.1 CRCKASB’s Release of BMI CRCSKF USA KASB, acting on its own behalf and not on behalf of the public, fully releases and discharges BMI SKF USA and its respective officers, directors, shareholders, employees, agents, parent companies, subsidiaries, divisions, affiliates, franchisees, licensees, customers, suppliers, distributors including but not limited to National Automotive Parts Association, LLC and Genuine Parts Company (the “Defendant Releasees”) and all entities to which Defendant Releasees directly or indirectly distribute or sell the Product, including, but not limited to, Super Center Concepts, Inc., and any other distributors, wholesalers, customers, retailers, franchisees, licensors, and licensees, (collectively, the "Released Parties" and individually, a “Released Party”). CRCKASB, on behalf of itself and its officers, directors, shareholders, employees, agents, parent companies, subsidiaries and divisions hereby fully releases and discharges the Released Parties from any and all claims, actions, causes of action, suits, demands, liabilities, damages, penalties, fees, costs, and expenses asserted, or that could have been asserted up to and through the Compliance Date based on or related to the handling, use, sale, distribution, distribution or consumption of the Product in California, as to any alleged violation of Proposition 65 or its implementing regulations, including without limitation any failure to provide Proposition 65 warnings on the Product with respect to exposures to leadDEHP.

Claims Covered and Released. 4.1 CRC’s Release of BMI Turkana CRC, acting on its own behalf and not on behalf of the public, and on behalf of itself, its past and current agents, representatives, attorneys, successors and/or assignees, fully releases and discharges BMI Turkana and its respective officers, directors, shareholders, employees, agents, parent companies, subsidiaries, divisions, affiliates, franchisees, licensees, customers, suppliers, distributors (the “Defendant Turkana Releasees”) and all entities to which Defendant Turkana Releasees directly or indirectly distribute or sell the Product, including, but not limited to, Super Center Concepts, Inc., and any other distributors, wholesalers, customers, retailers, franchisees, licensors, and licensees, (collectively, the "Released Parties" and individually, a “Released Party”). CRC, on behalf of itself and its officers, directors, shareholders, employees, agents, parent companies, subsidiaries and divisions hereby fully releases and discharges the Released Parties from any and all claims, actions, causes of action, suits, demands, liabilities, damages, penalties, fees, costs, and expenses asserted, or that could have been asserted up to and through the Compliance Date based on or related to the handling, use, sale, distribution, distribution or consumption of the Product in California, as to any alleged violation of Proposition 65 or its implementing regulations, including without limitation any failure to provide Proposition 65 warnings on the Product with respect to exposures to lead.

Claims Covered and Released. 4.1 CRC’s Release of BMI Ancient Roots CRC, acting on its own behalf and not on behalf of the public, fully releases and discharges BMI Ancient Roots, Xxxxxx.xxx Services LLC (“Amazon”), and its their respective officers, directors, shareholders, employees, agents, parent companies, subsidiaries, divisions, affiliates, franchisees, licensees, customers, suppliers, distributors (the “Defendant Ancient Roots Releasees”) and all entities to which Defendant Ancient Roots Releasees directly or indirectly distribute or sell the Product, including, but not limited to, Super Center Concepts, Inc., and any other distributors, wholesalers, customers, retailers, franchisees, licensors, and licenseeslicensees of the Product (with Ancient Roots, (Amazon, and the Ancient Roots Releasees, collectively, the "Released Parties" and individually, a “Released Party”). CRC, on behalf of itself and its officers, directors, shareholders, employees, agents, parent companies, subsidiaries and divisions hereby fully releases and discharges the Released Parties from any and all claims, actions, causes of action, suits, demands, liabilities, damages, penalties, fees, costs, and expenses asserted, or that could have been asserted up to and through the Compliance Date based on or related to the handling, use, sale, distribution, distribution or consumption of the Product in California, as to any alleged violation of Proposition 65 or its implementing regulations, including without limitation any failure to provide Proposition 65 warnings on the Product with respect to exposures to lead.