Common use of Claims Covered and Released Clause in Contracts

Claims Covered and Released. 4.1 Xxxxxxx’x Release of Proposition 65 Claims Xxxxxxx acting on his own behalf, and not on behalf of the public, releases Big Lots, its parents, subsidiaries, affiliated entities under common ownership, directors, officers, agents employees, attorneys, and each entity to whom Big Lots directly or indirectly distributes or sells Products, including, but not limited to, downstream distributors, wholesalers, customers, retailers, franchisees, cooperative members, and 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 Big Lots.

Claims Covered and Released. 4.1 Xxxxxxx’x Xxxxxxxxx’x Release of Proposition 65 Claims Xxxxxxx Xxxxxxxxx acting on his her own behalf, and not on behalf of the public, releases Big LotsXxxxxx, its their parents, subsidiaries, affiliated entities under common ownership, directors, officers, agents employees, attorneys, and each entity to whom Big Lots Xxxxxx directly or indirectly distributes or sells sell Products, including, but not limited to, downstream distributors, wholesalers, customers, retailers, franchisees, cooperative members, and 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 Big LotsXxxxxx.

Claims Covered and Released. 4.1 Xxxxxxx’x Xxxxxxxxx’x Release of Proposition 65 Claims Xxxxxxx Xxxxxxxxx acting on his her own behalf, and not on behalf of the public, releases Big LotsFringe, its parents, subsidiaries, affiliated entities under common ownership, directors, officers, agents agents, employees, attorneys, and each entity to whom Big Lots Fringe directly or indirectly distributes or sells Products, including, but not limited to, downstream distributors, wholesalers, customers, retailers, franchisees, cooperative members, and 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 Big LotsFringe.

Claims Covered and Released. 4.1 Xxxxxxx’x Xxxxxxxxx’x Release of Proposition 65 Claims Xxxxxxx Xxxxxxxxx acting on his her own behalf, and not on behalf of the public, releases Big LotsTwo’s Company, its parents, subsidiaries, affiliated entities under common ownership, directors, officers, agents employees, attorneys, and each entity to whom Big Lots Two’s Company directly or indirectly distributes or sells sell Products, including, but not limited to, downstream distributors, wholesalers, customers, retailers, franchisees, cooperative members, and 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 Big LotsTwo’s Company.

Claims Covered and Released. 4.1 Xxxxxxx’x Xxxxxxxxx’x Release of Proposition 65 Claims Xxxxxxx Xxxxxxxxx acting on his her own behalf, and not on behalf of the public, releases Big LotsXxxxxxx International, its parents, subsidiaries, affiliated entities under common ownership, directors, officers, agents employees, attorneys, and each entity to whom Big Lots Xxxxxxx International directly or indirectly distributes or sells Products, including, but not limited tolimited, to downstream distributors, wholesalers, customers, retailers, franchisees, cooperative members, importers, and licensees (collectively, “Releasees”), from all claims for violations of Proposition 65 through the Effective Date based on relating to unwarned exposures to lead 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 Big LotsXxxxxxx International.

Claims Covered and Released. 4.1 Xxxxxxx’x Release of Proposition 65 Claims Xxxxxxx acting on his own behalf, and not on behalf of the public, releases Big LotsEvergreen, its parents, subsidiaries, affiliated entities under common ownership, directors, officers, agents employees, attorneys, and each entity to whom Big Lots Evergreen directly or indirectly distributes or sells Products, including, but not limited tolimited, to downstream distributors, wholesalers, customers, retailers, franchisees, cooperative members, importers, and 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 Big LotsEvergreen.

Claims Covered and Released. 4.1 Xxxxxxx’x Xxxxxxxxx’x Release of Proposition 65 Claims Xxxxxxx Xxxxxxxxx acting on his her own behalf, and not on behalf of the public, releases Big LotsBBR, its their parents, subsidiaries, affiliated entities under common ownership, directors, officers, agents employees, attorneys, and each entity to whom Big Lots BBR directly or indirectly distributes or sells sell Products, including, but not limited to, downstream distributors, wholesalers, customers, retailersretailers (including Ross), franchisees, cooperative members, and 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 Big LotsBBR.

Claims Covered and Released. 4.1 Xxxxxxx’x Release of Proposition 65 Claims Xxxxxxx acting on his own behalf, and not on behalf of the public, releases Big LotsXxx Import, its parents, subsidiaries, affiliated entities under common ownership, directors, officers, agents employees, attorneys, and each entity to whom Big Lots Xxx Import directly or indirectly distributes or sells sell Products, including, but not limited tolimited, to downstream distributors, wholesalers, customers, retailersretailers (including Xxxxx Mart, Inc.), franchisees, cooperative members, and 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 Big LotsXxx Import.

Claims Covered and Released. 4.1 Xxxxxxx’x Xxxxxxxxx’x Release of Proposition 65 Claims Xxxxxxx Xxxxxxxxx acting on his her own behalf, and not on behalf of the public, releases Big LotsPolder, its parents, subsidiaries, affiliated entities under common ownership, directors, officers, agents employees, attorneys, and each entity to whom Big Lots Polder directly or indirectly distributes or sells Products, including, but not limited tolimited, to downstream distributors, wholesalers, customers, retailers, franchisees, cooperative members, importers, and 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 Big LotsPolder.

Claims Covered and Released. 4.1 Xxxxxxx’x Release of Proposition 65 Claims Xxxxxxx acting on his own behalf, and not on behalf of the public, releases Big LotsXxxxxxx, its parents, subsidiaries, affiliated entities under common ownership, directors, officers, agents employees, attorneys, and each entity to whom Big Lots Xxxxxxx directly or indirectly distributes or sells Products, including, but not limited tolimited, to downstream distributors, wholesalers, customers, retailers, franchisees, cooperative members, importers, and licensees (collectively, “Releasees”), from all claims for violations of Proposition 65 through the Effective Date based on relating to 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 Big LotsXxxxxxx.

Claims Covered and Released. 4.1 Xxxxxxx’x Xxxxxxxxx’x Release of Proposition 65 Claims Xxxxxxx Xxxxxxxxx acting on his her own behalf, and not on behalf of the public, releases Big LotsDaiso, its parents, subsidiaries, affiliated entities under common ownership, directors, officers, agents employees, attorneys, and each entity to whom Big Lots Daiso directly or indirectly distributes or sells Products, including, but not limited to, downstream distributors, wholesalers, customers, retailers, franchisees, cooperative members, and 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 Big LotsDaiso.

Claims Covered and Released. 4.1 Xxxxxxx’x Release of Proposition 65 Claims Xxxxxxx acting on his own behalf, and not on behalf of the public, releases Big LotsFreshlink, its parents, subsidiaries, affiliated entities under common ownership, directors, officers, agents employees, attorneys, and each entity to whom Big Lots Freshlink directly or indirectly distributes or sells the Products, including, but not limited tolimited, to downstream distributors, wholesalers, customers, retailers, franchisees, cooperative members, importers, and 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 Big LotsFreshlink .

Claims Covered and Released. 4.1 Xxxxxxx’x Xxxxxxxxx’x Release of Proposition 65 Claims Xxxxxxx Xxxxxxxxx acting on his her own behalf, and not on behalf of the public, releases Big LotsGalison, its parents, subsidiaries, affiliated entities under common ownership, directors, officers, agents employees, attorneys, and each entity to whom Big Lots Galison directly or indirectly distributes or sells Products, including, but not limited to, downstream distributors, wholesalers, customers, retailers, franchisees, cooperative members, and 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 Big LotsGalison.

Claims Covered and Released. 4.1 Xxxxxxx’x Release of Proposition 65 Claims Xxxxxxx acting on his own behalf, and not on behalf of the public, releases Big LotsXx- Xxx, its parents, subsidiaries, affiliated entities under common ownership, directors, officers, agents employees, attorneys, and each entity to whom Big Lots Xx-Xxx directly or indirectly distributes or sells the Products, including, but not limited tolimited, to downstream distributors, wholesalers, customers, retailers, franchisees, cooperative members, importers, and 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 Big LotsXx-Xxx.

Claims Covered and Released. 4.1 Xxxxxxx’x Xxxxxxxxx’x Release of Proposition 65 Claims Xxxxxxx Xxxxxxxxx acting on his her own behalf, and not on behalf of the public, releases Big LotsDolgen, its parents, subsidiaries, affiliated entities under common ownership, directors, officers, agents employees, attorneys, and each entity to whom Big Lots Dolgen directly or indirectly distributes or sells sell Products, including, but not limited to, downstream distributors, wholesalers, customers, retailersretailers including, but not limited to Dollar General, franchisees, cooperative members, and 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 Big LotsDolgen.