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 Xxxxxxx, its parents, subsidiaries, affiliated entities under common ownership, directors, officers, agents employees, attorneys, and each entity to whom Xxxxxxx directly or indirectly distributes or sells Products, including, but not limited to, downstream distributors, wholesalers, customers, retailers including, but not limited to, The TJX Companies, 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 Galison.

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 XxxxxxxIMDC, its parents, subsidiaries, affiliated entities under common ownership, directors, officers, agents employees, attorneys, and each entity to whom Xxxxxxx IMDC directly or indirectly distributes or sells Products, including, but not limited to, downstream distributors, wholesalers, customers, retailers including, but not limited to, The TJX Companies, 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 GalisonIMDC.

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 XxxxxxxLifestyle Products, its parents, subsidiaries, affiliated entities under common ownership, directors, officers, agents employees, attorneys, and each entity to whom Xxxxxxx Lifestyle Products directly or indirectly distributes or sells Products, including, but not limited tolimited, to Burlington Stores, Inc., and their respective subsidiaries, affiliates and parents, downstream distributors, wholesalers, customers, retailers including, but not limited to, The TJX Companies, Inc.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 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 GalisonLifestyle Products.

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 XxxxxxxEnchante, its parents, subsidiaries, affiliated entities under common ownership, directors, officers, agents employees, attorneys, and each entity to whom Xxxxxxx Enchante directly or indirectly distributes or sells Products, including, but not limited tolimited, to downstream distributors, wholesalers, customers, retailers including, including but not limited to, to The TJX Companies, Inc., 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 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 GalisonEnchante.

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 XxxxxxxBH Brands, its parents, subsidiaries, affiliated entities under common ownership, directors, officers, agents employees, attorneys, and each entity to whom Xxxxxxx BH Brands directly or indirectly distributes or sells Products, including, but not limited tolimited, to downstream distributors, wholesalers, customers, retailers including, but not limited to, The TJX Companiesto Xxxx Stores, Inc., 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 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 GalisonBH Brands.

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 XxxxxxxTMC, its parents, subsidiaries, affiliated entities under common ownership, directors, officers, agents employees, attorneys, and each entity to whom Xxxxxxx TMC directly or indirectly distributes or sells Products, including, but not limited to, downstream distributors, wholesalers, customers, retailers including, but not limited toto Target Corporation (and its parents, The TJX Companies, Inc.subsidiaries and affiliated entities), franchisees, cooperative members, licensors, 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 GalisonTMC.

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 XxxxxxxXxxxxxx Painting, its parents, subsidiaries, affiliated entities under common ownership, directors, officers, agents employees, attorneys, and each entity to whom Xxxxxxx Painting directly or indirectly distributes or sells Products, including, but not limited to, downstream distributors, wholesalers, customers, retailers including, but not limited to, to The TJX Companies, 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 GalisonXxxxxxx Painting.

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 Xxxxxxx, BWTC its parents, subsidiaries, affiliated entities under common ownership, directors, officers, agents employees, attorneys, and each entity to whom Xxxxxxx BWTC directly or indirectly distributes or sells Products, including, but not limited tolimited, to downstream distributors, wholesalers, customers, retailers including, but not limited to, The TJX Companiesto Xxxx Stores, Inc., 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 GalisonBWTC.

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 XxxxxxxEnchante, its parents, subsidiaries, affiliated entities under common ownership, directors, officers, agents employees, attorneys, and each entity to whom Xxxxxxx Enchante directly or indirectly distributes or sells the Products, including, but not limited tolimited, to downstream distributors, wholesalers, customers, retailers including, but not limited to, The TJX CompaniesBig Lots Stores, Inc.LLC, 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 GalisonEnchante.

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 XxxxxxxEnesco, its parents, subsidiaries, affiliated entities under common ownership, directors, officers, agents employees, attorneys, and each entity to whom Xxxxxxx Enesco directly or indirectly distributes or sells Products, including, but not limited to, downstream distributors, wholesalers, customers, retailers (including, but not limited to, The TJX Companies, Inc.Xxx’s Hallmark Shop and Xxxxxx.xxx), 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 GalisonEnesco.

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 XxxxxxxSurreal, its parents, subsidiaries, affiliated entities under common ownership, directors, officers, agents employees, attorneys, and each entity to whom Xxxxxxx Surreal directly or indirectly distributes or sells Products, including, but not limited to, downstream distributors, wholesalers, customers, retailers including, but not limited to, The TJX Companies, to Hot Topic Merchandising Inc., franchisees, cooperative members, and licensees including, but not limited to, Scout Productions, Inc. (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 GalisonSurreal.

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 XxxxxxxEnchante, its parents, subsidiaries, affiliated entities under common ownership, directors, officers, agents employees, attorneys, and each entity to whom Xxxxxxx Enchante directly or indirectly distributes or sells the Products, including, but not limited tolimited, to downstream distributors, wholesalers, customers, retailers including, but not limited to, The TJX Companies, Inc., 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 GalisonEnchante.

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 Xxxxxxx, Evergreen its parents, subsidiaries, affiliated entities under common ownership, directors, officers, agents employees, attorneys, and each entity to whom Xxxxxxx Evergreen directly or indirectly distributes or sells Products, including, but not limited tolimited, to downstream distributors, wholesalers, customers, retailers retailers, including, but not limited to, The TJX CompaniesAce Hardware Corporation, Inc.and their respective subsidiaries, affiliates and parents, 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 GalisonEvergreen.

Claims Covered and Released. 4.1 Xxxxxxx’x Xxxxxxxxx’s Release of Proposition 65 Claims Xxxxxxx Xxxxxxxxx acting on his her own behalf, and not on behalf of the public, releases XxxxxxxOrly Shoe, its parents, subsidiaries, affiliated entities under common ownership, directors, officers, agents employees, attorneys, and each entity to whom Xxxxxxx Orly Shoe directly or indirectly distributes or sells Products, including, but not limited tolimited, to downstream distributors, wholesalers, customers, retailers including, but not limited to, to The TJX Companies, Inc., 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 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 GalisonOrly Shoe.

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 XxxxxxxMSC, its parents, subsidiaries, affiliated entities under common ownership, directors, officers, agents employees, attorneys, and each entity to whom Xxxxxxx MSC directly or indirectly distributes or sells the Products, including, but not limited tolimited, to downstream distributors, wholesalers, customers, retailers (including, but not limited to, The TJX Companies, Inc.), 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 GalisonMSC.

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 XxxxxxxChanting Republic, its parents, subsidiaries, affiliated entities under common ownership, directors, officers, agents employees, attorneys, and each entity to whom Xxxxxxx Chanting Republic directly or indirectly distributes or sells the Products, including, but not limited tolimited, to downstream distributors, wholesalers, customers, retailers including, but not limited to, to The TJX Companies, Inc., 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 GalisonChanting Republic.

Claims Covered and Released. 4.1 Xxxxxxx’x Xxxxxxxxx’s Release of Proposition 65 Claims Xxxxxxx Xxxxxxxxx acting on his her own behalf, and not on behalf of the public, releases XxxxxxxIMDC, its parents, subsidiaries, affiliated entities under common ownership, directors, officers, agents employees, attorneys, and each entity to whom Xxxxxxx IMDC directly or indirectly distributes or sells Products, including, but not limited tolimited, to downstream distributors, wholesalers, customers, retailers including, but not limited to, The TJX Companies, to Walmart Inc. and Burlington Stores Inc., 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 GalisonIMDC.