Common use of Claims Covered and Released Clause in Contracts

Claims Covered and Released. 4.1 Xxxxx’x Release of Creedence, Winco Holdings, Inc. and Winco Foods, LLC This Settlement Agreement is a full, final and binding resolution between Xxxxx, as an individual and not on behalf of the public, and Creedence, of any violation of Proposition 65 that was or could have been asserted by Xxxxx on behalf of himself, his past and current agents, representatives, attorneys, successors, and/or assignees, against Creedence, its parents, subsidiaries, affiliated entities under common ownership, directors, officers, employees, attorneys, and each entity to whom Creedence directly or indirectly distributes or sells Products, including, but not limited, to downstream distributors, wholesalers, customers, retailers (including Winco Holdings, Inc. and Winco Foods, LLC), franchisees, cooperative members, and licensees (collectively, Releasees), based on their failure to warn about alleged exposures to DEHP contained in the Products that were manufactured, distributed, sold and/or offered for sale by Creedence in California before the Effective Date, as alleged in the Notice. In further consideration of the promises and agreements herein contained, Xxxxx as an individual and not on behalf of the public, on behalf of himself, his past and current agents, representatives, attorneys, successors, and/or assignees, hereby waives all of Xxxxx'x rights to institute or participate in, directly or indirectly, any form of legal action and releases all claims that Xxxxx may have, including, without limitation, all actions, and causes of action, in law or in equity, suits, liabilities, demands, obligations, damages, costs, fines, penalties, losses, or expenses including, but not exclusively, investigation fees, expert fees, and attorneys' fees arising under Proposition 65 with respect to DEHP in the Products, as alleged in the Notice, manufactured, distributed, sold and/or offered for sale by Creedence, before the Effective Date (collectively, Claims), against Creedence and Releasees. 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 Creedence. Nothing in this Section affects Xxxxx'x right to commence or prosecute an action under Proposition 65 against a Releasee that does not involve Creedence's Products.

Claims Covered and Released. 4.1 Xxxxx’x W ozniak’s Release of Creedence, Winco Holdings, Inc. and Winco Foods, LLC B&G This Settlement Agreement is a full, final and binding resolution between XxxxxXxxxxxx, as an individual and not on behalf of the public, and CreedenceB&G, of any violation of Proposition 65 that was or could have been asserted by Xxxxx Xxxxxxx on behalf of himself, his past and current agents, representatives, attorneys, successors, and/or assignees, against CreedenceB&G, its parents, subsidiaries, affiliated entities under common ownership, directors, officers, employees, attorneys, and each entity to whom Creedence B&G directly or indirectly distributes or sells Products, including, but not limited, to downstream distributors, wholesalers, customers, retailers (including Winco Holdings, Inc. and Winco Foods, LLC)retailers, franchisees, cooperative members, and licensees (collectively, Releasees), based on their failure to warn about alleged exposures to DEHP lead contained in the Products that were manufactured, distributed, sold and/or offered for sale by Creedence B&G in California before the Effective Date, as alleged in the Notice. In further consideration of the promises and agreements herein contained, Xxxxx Xxxxxxx as an individual and not on behalf of the public, on behalf of himself, his past and current agents, representatives, attorneys, successors, and/or assignees, hereby waives all of Xxxxx'x Xxxxxxx’x rights to institute or participate in, directly or indirectly, any form of legal action and releases all claims that Xxxxx Xxxxxxx may have, including, without limitation, all actions, and causes of action, in law or in equity, suits, liabilities, demands, obligations, damages, costs, fines, penalties, losses, or expenses including, but not exclusively, investigation fees, expert fees, and attorneys' ’ fees arising under Proposition 65 with respect to DEHP lead in the Products, as alleged in the Notice, manufactured, distributed, sold and/or offered for sale by CreedenceB&G, before the Effective Date (collectively, Claims), against Creedence B&G and Releasees. 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 Creedence. B&G. Nothing in this Section affects Xxxxx'x Xxxxxxx’x right to commence or prosecute an action under Proposition 65 against a Releasee that does not involve Creedence's B&G’s Products.

Claims Covered and Released. 4.1 Xxxxx’x :KASB's Release of Creedence, Winco Holdings, Inc. Beauty Venture and Winco Foods, LLC Beauty Plus This Settlement Agreement is a full, final and binding resolution between XxxxxKASB, as an individual nonprofit corporation and not on behalf of the publicpublic in California, and Creedence, Beauty Venture of any violation of Proposition 65 that was or could have been asserted by Xxxxx KASB on its own behalf or on behalf of himself, his its past and current agents, representatives, attorneys, successors, and/or arid/or assignees, against CreedenceBeauty Venture, its respective parents, subsidiaries, affiliated entities under common ownership, directors, officers, employees, attorneys, and each entity to whom Creedence Beauty Venture directly or indirectly distributes or sells the Products, including, but not limited, to limited to. its downstream distributors, including Beauty Plus Global, Inc., wholesalers, customers, retailers (including Winco Holdings, Inc. and Winco Foods, LLC)retailers, franchisees, cooperative members, and licensees (collectively, "Releasees"), based on their the failure to warn warn, arising under Proposition 65, about alleged exposures to DEHP contained in the Products Products, as specifically defined in Section 1.2, above, that were manufactured, distributedimported, sold and/or offered or distributed for sale safe by Creedence in California before Beauty Venture prior to the Effective Date, as alleged in the Notice. In further consideration of the promises and agreements herein contained, Xxxxx KASB as an individual nonprofit corporation and not on behalf of the publicpublic in California, on its own behalf and on behalf of himself, his its past and current agents, representatives, attorneys, successors, and/or assignees, ; hereby waives all of Xxxxx'x rights it has, or may have, to institute or participate in, . directly or indirectly, any form of legal action and releases all claims that Xxxxx may haveclaims, including, without limitation, all actions, and causes of action, in law or in equity, suits, liabilities, demands, obligations, damages, costs, fines, penalties, losses, or expenses including, but not exclusivelyexpenses, investigation fees, expert fees, and attorneys' fees arising under Proposition 65 with respect to DEHP in the Products, as alleged in the Noticespecifically defined and limited by Section 1.2, that were manufactured, imported, distributed, sold and/or or otherwise offered PROPOSITION 65 SETTLEMENT AGREEMENT 6 for sale by Creedence, before Beauty Venture prior to the Effective Date (collectively, "Claims), ") against Creedence Beauty Venture and Releasees. The Parties further understand and agree that this Section 4.1 release shall does not extend upstream to any entities that entity who manufactured the Products or any of their component parts thereofparts, nor shall Section 4.1 extend to any distributor or any distributors or suppliers supplier who sold the Products or any component parts thereof to CreedenceBeauty Venture. The Parties further understand and agree this Section 4. l Release does not extend downstream to any Releasee who is instructed by Beauty Venture to provide a warning, pursuant •i.o Section 2.5, and fails to so. Nothing in this Section affects Xxxxx'x KASB's right to commence or prosecute an action under Proposition 65 against a Releasee that does not involve Creedence's the Products, as specifically defined'by Section 1.2, above.

Claims Covered and Released. 4.1 Xxxxx’x Xxxxxxx’x Release of Creedence, Winco Holdings, Inc. and Winco Foods, LLC Settling Entity This Settlement Agreement is a full, final and binding resolution between Xxxxx, as an individual Xxxxxxx and not on behalf of the public, and Creedence, Settling Entity of any violation of Proposition 65 that was or could have been asserted by Xxxxx Xxxxxxx on behalf of himself, his past and current agents, representatives, attorneys, successors, and/or assignees, against Creedence, the Settling Entity and each of its parents, subsidiaries, affiliated entities under common ownership, directors, officers, employees, employees and attorneys, and any manufacturers, suppliers, licensors, licensees and each entity to whom Creedence it directly or indirectly distributes or sells Products, including, including but not limited, limited to downstream distributors, wholesalers, customers, , resellers, retailers (including Winco Holdingsbut not limited to Xxxxxx.xxx, Inc. and Winco Foods, LLCInc.), franchisees, and cooperative members, and licensees each of their respective parents, subsidiaries, affiliated entities under common ownership, directors, officers, employees and attorneys (collectively, Releasees), ) based on their failure to warn about alleged exposures to DEHP contained and DINP in the Products that were manufactured, distributed, sold and/or offered for sale in California by Creedence the Settling Entity through Xxxxxx.xxx and/or any other channels to customers in California before the Effective Date, as alleged in the NoticeNotices. In further consideration of the promises and agreements herein contained, Xxxxx as an individual Xxxxxxx and not on behalf of the public, on behalf of himself, his past and current agents, representatives, attorneys, successors, and/or assignees, hereby waives all of Xxxxx'x his rights to institute or participate in, directly or indirectly, any form of legal action and releases all claims that Xxxxx he may have, including, without limitation, all actions, and causes of action, in law or in equity, suits, liabilities, demands, obligations, damages, costs, fines, penalties, losses, or expenses including, but not exclusively, investigation fees, expert fees, and attorneys' ’ fees arising under Proposition 65 with respect to DEHP and DINP in the Products, as alleged in Products against the Notice, manufactured, distributed, sold and/or offered for sale by Creedence, before Settling Entity and the Effective Date (collectively, Claims), against Creedence and Releasees. 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 Creedencereleasees. Nothing in this Section affects Xxxxx'x subsection, therefore, shall affect Xxxxxxx’x right to commence or prosecute an action under Proposition 65 against a Releasee the Settling Entity and its releasees that does do not involve Creedence's Productsthe Products covered by this Settlement Agreement.

Claims Covered and Released. 4.1 Xxxxx’x EHA’s Release of Creedence, Winco HoldingsForager and Lazy Acres, Inc. and Winco Foods, LLC This Settlement Agreement is a full, final final, and binding resolution between XxxxxEHA, as an individual on its own behalf and not on behalf of the publicits, past, current, future agents, representatives, attorneys, successors, mebers, directors, officers, and/or assignees, and Creedence, Forager of any violation of Proposition 65 that was or could have been asserted by Xxxxx EHA, on its own behalf, on behalf of himself, his its past and current agents, representatives, attorneys, successors, and/or successors and assignees, against CreedenceForager and each of its respective owners, its parents, subsidiaries, affiliated entities under common ownership, directors, officers, members, employees, shareholders, principals, agents, assigns, attorneys, officers, directors, insurers, distributors, each upstream entity from whom the Product was purchased by Forager, and each entity to whom Creedence Forager directly or indirectly distributes or sells Productsthe Product, including, but not limitedlimited to, to its downstream distributors, wholesalers, customers, retailers (including Winco Holdingsspecifically Lazy Acres, Inc. and Winco Foodsits parents, LLC)subsidiaries and affiliated entities under common ownership and their directors, officers, members, employees and attorneys, franchisees, insurers, distributors, cooperative members, members and licensees (collectively, “Releasees”), based on their the failure to warn about alleged exposures to DEHP contained acrylamide in the Products that were Product manufactured, distributed, sold and/or offered or distributed for sale by Creedence in California by Forager before the Effective Date, as alleged in the Notice. In further consideration of the promises and agreements herein contained, Xxxxx as an individual and not EHA on its own behalf of the publicand, on behalf of himself, his its past and current agents, representatives, attorneys, successors, and/or assignees, successors and assignees hereby waives any and all of Xxxxx'x rights it may have to institute or participate in, directly or indirectly, any form of legal action and releases all claims that Xxxxx may have, against Forager and Releasees including, without limitation, all actions, actions and causes of action, in law or in equity, suits, liabilities, demands, obligations, damages, costs, fines, penalties, losses, losses or expenses including, but not exclusively, investigation fees, expert fees, fees and attorneys' attorney fees arising under Proposition 65 with respect to DEHP the alleged or actual failure to warn about exposures to acrylamide in the Products, as alleged in the Notice, Product manufactured, distributed, sold and/or or offered for sale by CreedenceForager, before the Effective Date (collectivelyDate, Claims)including but not limited to allegations related to the labeling, against Creedence and Releasees. The Parties further understand and agree that this Section 4.1 release shall not extend upstream to any entities that manufactured packaging, advertising, promotion, branding, marketing, manufacturing, design, formulation, distribution or sale of the Products Product or any component parts thereofother products manufactured, distributed or sold by Forager through the Effective Date, and from any and claims, liens, agreements, contracts, covenants, suits, causes of action, commissions, obligations, debts, udgments, orders and liabilities of whatever kind or nature, in law, equity or otherwise, under the law of any state, federal or other government, whether now known or unknown, suspected or unsuspected, and whether or not concealed or hidden, including, but not limited to, the dispute, any such claims made or referenced in the Dispute, which EHA now owns or holds or has at any time heretofore owned or held or could hold in the future against the Releasees, or any distributors of them, regardless of the statute, regulation, common law legal theory, or suppliers who sold other legal or equitable basis on which the Products or any component parts thereof to Creedence. Nothing in this Section affects Xxxxx'x right to commence or prosecute an action under Proposition 65 against a Releasee that does not involve Creedence's Productsallegations may be asserted.

Claims Covered and Released. 4.1 Xxxxx’x EHA’s Release of Creedence, Winco Holdings, Inc. and Winco Foods, LLC DeLallo This Settlement Agreement is a full, final final, and binding resolution between XxxxxEHA, as an individual on its own behalf and not on behalf of the public, and Creedence, DeLallo of any violation of Proposition 65 that was or could have been asserted by Xxxxx EHA, on its own behalf, on behalf of himself, his its past and current agents, representatives, attorneys, successors, and/or successors and assignees, against Creedence, DeLallo and each of its respective parents, subsidiaries, affiliated entities under common ownership, directors, officers, members, employees, attorneys, each upstream entity from whom the Product was purchased by DeLallo and each entity to whom Creedence DeLallo directly or indirectly distributes or sells Productsthe Product, including, but not limitedlimited to, to Ralph’s Grocery Company and any other of DeLallo’s downstream distributors, wholesalers, customers, retailers (including Winco Holdings, Inc. and Winco Foods, LLC)retailers, franchisees, cooperative members, members and licensees (collectively, “Releasees”), based on their the failure to warn about alleged exposures to DEHP contained Acrylamide in the Products that were Product manufactured, distributed, sold and/or offered or distributed for sale by Creedence in California by DeLallo before the Effective Date, as alleged in the Notice. In further consideration of the promises and agreements herein contained, Xxxxx as an individual EHA on its own behalf and not on behalf of the public, on behalf of himself, his its past and current agents, representatives, attorneys, successors, and/or assignees, and assignees hereby waives any and all of Xxxxx'x rights it may have to institute or participate in, directly or indirectly, any form of legal action and releases all claims that Xxxxx may have, against DeLallo and Releasees including, without limitation, all actions, actions and causes of action, in law or in equity, suits, liabilities, demands, obligations, damages, costs, fines, penalties, losses, or expenses including, but not exclusively, investigation fees, expert fees, fees and attorneys' attorney fees arising under Proposition 65 with respect to DEHP the alleged or actual failure to warn about exposures to Acrylamide in the Products, as alleged in the Notice, Product manufactured, distributed, sold and/or or offered for sale by CreedenceDeLallo, before the Effective Date (collectively, Claims), against Creedence and Releasees. 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 Creedence. Nothing in this Section affects Xxxxx'x right to commence or prosecute an action under Proposition 65 against a Releasee that does not involve Creedence's ProductsDate.

Claims Covered and Released. 4.1 Xxxxx’x 5.1 XxXxxxx’x Release of Creedence, Winco Holdings, Inc. and Winco Foods, LLC M&M Sales This Settlement Agreement is a full, final final, and binding resolution between Xxxxx, as an individual XxXxxxx and not on behalf of the public, and Creedence, M&M Sales of any violation of Proposition 65 that was or could have been asserted by Xxxxx XxXxxxx, on behalf of himself, or on behalf of his past and current agents, representatives, attorneys, successors, and/or and assignees, against CreedenceM&M Sales, its parents, subsidiaries, affiliated entities under common ownership, directors, officers, employees, attorneys, and each entity to whom Creedence M&M Sales directly or indirectly distributes or sells the Products, including, but not limitedwithout limitation, to its downstream distributors, wholesalers, customers, retailers (including Winco Holdings, Inc. and Winco Foods, LLC)retailers, franchisees, cooperative members, and licensees licensees, including, but not limited to, Toys “R” Us and Xxxxxx.xxx (collectively, “Releasees”), based on their failure to warn about alleged for unwarned exposures to DEHP contained in the Listed Chemicals from the Products that were manufactured, distributed, sold and/or offered or distributed for sale by Creedence in California before the Effective Dateprior to August 1, as alleged in the Notice2016. In further consideration of the promises and agreements herein contained, Xxxxx as an individual XxXxxxx, on his own behalf and not on behalf of the public, on behalf of himself, his past and current agents, representatives, attorneys, successors, and/or assignees, hereby waives all of Xxxxx'x rights to institute or participate in, directly or indirectly, any form of legal action action, and releases all claims that Xxxxx he may havehave against M&M Sales and Releasees, including, without limitation, all actions, actions and causes of action, in law or in equity, suits, liabilities, demands, obligations, damages, costs, fines, penalties, losses, or expenses expenses, including, but not exclusivelywithout limitation, investigation fees, expert fees, and attorneys' ’ fees arising under Proposition 65 with respect for exposures to DEHP in the Products, as alleged in the Notice, Listed Chemicals from Products manufactured, distributed, sold and/or offered sold, or distributed for sale by Creedencein California prior to August 1, before the Effective Date (collectively, Claims), against Creedence and Releasees. 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 Creedence. Nothing in this Section affects Xxxxx'x right to commence or prosecute an action under Proposition 65 against a Releasee that does not involve Creedence's Products2016.

Claims Covered and Released. 4.1 Xxxxx’x Xxxxxxxxx’s Release of CreedenceProposition 65 Claims Xxxxxxxxx acting on her own behalf, Winco Holdings, Inc. and Winco Foods, LLC This Settlement Agreement is a full, final and binding resolution between Xxxxx, as an individual and not on behalf of the public, and Creedence, of any violation of Proposition 65 that was or could have been asserted by Xxxxx on behalf of himself, his past and current agents, representatives, attorneys, successors, and/or assignees, against Creedencereleases Zest Garden, its parents, subsidiaries, affiliated entities under common ownership, directors, officers, agents employees, attorneys, and each entity to whom Creedence Zest Garden directly or indirectly distributes or sells the Products, including, but not limited, to downstream distributors, wholesalers, customers, retailers (including Winco Holdings, Inc. and Winco Foods, LLC)retailers, franchisees, cooperative members, importers, and licensees (collectively, “Releasees”), from all claims for violations of Proposition 65 through the Effective Date based on their failure to warn about alleged unwarned exposures to DEHP contained lead in the Products that were manufactured, distributed, sold and/or offered for sale by Creedence in California before the Effective Date, as alleged in the Notice. In further consideration regardless of the promises and agreements herein contained, Xxxxx as an individual and not on behalf of the public, on behalf of himself, his past and current agents, representatives, attorneys, successors, and/or assignees, hereby waives all of Xxxxx'x rights to institute or participate in, directly or indirectly, date any form of legal action and releases all claims that Xxxxx may have, including, without limitation, all actions, and causes of action, in law or in equity, suits, liabilities, demands, obligations, damages, costs, fines, penalties, losses, or expenses including, but not exclusively, investigation fees, expert fees, and attorneys' fees arising under Proposition 65 with respect to DEHP in other Releasee distributes the Products, as alleged in the Notice, manufactured, distributed, sold and/or offered for sale by Creedence, before the Effective Date (collectively, Claims), against Creedence and Releasees. .. 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 CreedenceZest Garden. Nothing in In this regard, Xxxxxxxxx hereby acknowledges that he is familiar with and hereby waives Section affects Xxxxx'x right to commence or prosecute an action under Proposition 65 against a Releasee that does not involve Creedence's Products1542 of the California Civil Code, which provides as follows: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.

Claims Covered and Released. 4.1 Xxxxx’x 5.1 XxXxxxx’x Release of Creedence, Winco Holdings, Inc. and Winco Foods, LLC United Brands This Settlement Agreement is a full, final final, and binding resolution between Xxxxx, as an individual XxXxxxx and not on behalf of the public, and Creedence, United Brands of any violation of Proposition 65 that was or could have been asserted by Xxxxx XxXxxxx, on behalf of himself, or on behalf of his past and current agents, representatives, attorneys, successors, and/or and assignees, against CreedenceUnited Brands, its parents, subsidiaries, affiliated entities under common ownership, directors, officers, employees, attorneys, and each entity to whom Creedence United Brands directly or indirectly distributes or sells Products, including, but not limited, to downstream distributors, wholesalers, customers, retailers the Products (including Winco Holdings, Inc. and Winco Foods, LLC“Releasees”), franchisees, cooperative members, and licensees (collectively, Releasees), based on their failure to warn about alleged for unwarned exposures to DEHP contained in the Listed Chemical from the Products that were manufactured, distributed, sold and/or offered or distributed for sale by Creedence in California before by United Brands prior to the Effective Date, as alleged in the Noticeexecution of this Settlement Agreement. In further consideration of the promises and agreements herein contained, Xxxxx as an individual XxXxxxx, on his own behalf and not on behalf of the public, on behalf of himself, his past and current agents, representatives, attorneys, successors, and/or assignees, hereby waives all of Xxxxx'x rights to institute or participate in, directly or indirectly, any form of legal action action, and releases all claims that Xxxxx he may havehave against United Brands and Releasees, including, without limitation, all actions, actions and causes of action, in law or in equity, suits, liabilities, demands, obligations, damages, costs, fines, penalties, losses, or expenses expenses, including, but not exclusivelywithout limitation, investigation fees, expert fees, and attorneys' ’ fees arising under Proposition 65 with respect for exposures to DEHP in the Products, as alleged in the Notice, manufactured, Listed Chemical from Products distributed, sold and/or offered sold, or distributed for sale in California by Creedence, before United Brands prior to the Effective Date (collectively, Claims), against Creedence and Releasees. The Parties further understand and agree that execution of 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 Creedence. Nothing in this Section affects Xxxxx'x right to commence or prosecute an action under Proposition 65 against a Releasee that does not involve Creedence's ProductsSettlement Agreement.

Claims Covered and Released. 4.1 Xxxxx’x EHA’s Release of Creedence, Winco HoldingsFoodMatch, Inc. and Winco Foods, LLC This Settlement Agreement is a full, final final, and binding resolution between XxxxxEHA, as an individual on its own behalf and not on behalf of the public, and Creedence, FoodMatch of any violation of Proposition 65 that was or could have been asserted by Xxxxx EHA, on its own behalf and on behalf of himself, his its past and current agents, representatives, attorneys, successorssuccessors and/or assignees (collectively, and/or assignees“Releasors”), against Creedence, FoodMatch and its parents, subsidiaries, affiliated entities under common ownership, directors, officers, members, employees, and attorneys, ; each upstream entity from whom the Product was purchased by FoodMatch; and each entity to whom Creedence FoodMatch directly or indirectly distributes distributed or sells Productssold the Product, including, but not limitedlimited to, to its downstream distributors, wholesalers, customers, retailers (including Winco Holdings, Inc. and Winco Foods, LLC)retailers, franchisees, cooperative membersmembers and licensees, and licensees including but not limited to those named in the Notice (collectively, “Releasees”), based on their the failure to warn about alleged exposures to DEHP contained acrylamide in the Products that were manufactured, distributed, sold and/or offered or distributed for sale by Creedence in California by FoodMatch before the Effective Date, as alleged in the Notice. In further consideration of the promises and agreements herein contained, Xxxxx as an individual EHA on its own behalf and not on behalf of the public, on behalf of himself, his its past and current agents, representatives, attorneys, successors, and/or assignees, successors and assignees hereby waives any and all of Xxxxx'x rights it may have to institute or participate in, directly or indirectly, any form of legal action and releases all claims that Xxxxx may have, against FoodMatch and Releasees including, without limitation, all actions, actions and causes of action, in law or in equity, suits, liabilities, demands, obligations, damages, costs, fines, penalties, losses, losses or expenses including, but not exclusively, investigation fees, expert fees, fees and attorneys' attorney fees arising under Proposition 65 in connection with respect to DEHP acrylamide in the Products, as alleged . EHA further covenants that neither it nor its counsel is actively participating in any investigation of the Notice, manufactured, distributed, sold and/or offered for sale by Creedence, before the Effective Date (collectively, Claims), against Creedence and Releasees. The Parties further understand and agree that this Section 4.1 release shall not extend upstream to any entities that manufactured the Products Product or any component parts thereofother FoodMatch products, or nor presently aware of any distributors or suppliers who sold the Products or any component parts thereof to Creedencesuch investigation by others. Nothing in this Section affects Xxxxx'x provision or otherwise shall be deemed to in any way limit, restrict, or impact EHA’s counsel’s right to commence or prosecute an action under Proposition 65 against a Releasee that does not involve Creedence's Productspractice law.

Claims Covered and Released. 4.1 Xxxxx’x Held’s Release of Creedence, Winco HoldingsRoyal and Xxxx’x Companies, Inc. and Winco Foods, LLC (collectively “Releasees”). This Settlement Agreement is a full, final final, and binding resolution between Xxxxx, as an individual Held and not on behalf of the public, and Creedence, Royal of any violation of Proposition 65 that was or could have been asserted by Xxxxx Held, on behalf of himself, or on behalf of his past and current agents, representatives, attorneys, successors, and/or and assignees, against CreedenceReleasees, its their successors, assignees, parents, subsidiaries, affiliated entities under common ownership, directors, officers, employees, attorneys, and each entity to whom Creedence Royal directly or indirectly distributes or sells the Products, including, but not limitedwithout limitation, to its downstream distributors, wholesalers, customers, retailers (including Winco Holdings, Inc. and Winco Foods, LLC)retailers, franchisees, cooperative members, and licensees (collectively, Releasees)licensees, based on their failure to warn about alleged unwarned exposures to DEHP contained in the TDCPP from Products that were manufactured, distributed, sold and/or offered or distributed for sale by Creedence in California before by Royal prior to the Effective Date, as alleged in the Notice. In further consideration of the promises and agreements herein contained, Xxxxx as an individual Held, on his own behalf and not on behalf of the public, on behalf of himself, his past and current agents, representatives, attorneys, successors, and/or and assignees, hereby waives all of Xxxxx'x rights to institute or participate in, directly or indirectly, any form of legal action action, and releases all claims that Xxxxx he may havehave against Releasees with respect to unwarned exposures to TDCPP from Products manufactured, sold or distributed for sale in California by Royal prior to the Effective Date, including, without limitation, all actions, actions and causes of action, in law or in equity, suits, liabilities, demands, obligations, damages, costs, fines, penalties, losses, or expenses expenses, including, but not exclusivelywithout limitation, investigation fees, expert fees, and attorneys' ’ fees arising under Proposition 65 with respect to DEHP in the Products, as alleged in the Notice, manufactured, distributed, sold and/or offered for sale by Creedence, before the Effective Date (collectively, Claims), against Creedence and Releasees. 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 Creedence. Nothing in this Section affects Xxxxx'x right to commence or prosecute an action under Proposition 65 against a Releasee that does not involve Creedence's Products65.

Claims Covered and Released. 4.1 Xxxxx’x /HHPDQ¶V Release of Creedence, Winco Holdings, Inc. and Winco Foods, LLC Acme This Settlement Agreement is a full, final and binding resolution between XxxxxXxxxxx, as an individual on her own behalf and not on behalf of the publicin any representative capacity, and CreedenceAcme, of any violation of Proposition 65 that was or could have been asserted by Xxxxx Xxxxxx on her own behalf or on behalf of himself, his her past and current agents, representatives, attorneys, successors, and/or and assignees, against CreedenceAcme, its parents, subsidiaries, affiliated entities under common ownership, directors, officers, employees, attorneys, and each entity to whom Creedence Acme directly or indirectly distributes or sells Products, including, but not limited, to including its downstream distributors, wholesalers, customers, retailers (including Winco Holdings, Inc. and Winco Foods, LLC)retailers, franchisees, cooperative members, licensors, and licensees (collectively, Releasees³5HOHDVHHV´), based on their the alleged or actual failure to warn about alleged exposures to DEHP contained in from Products and the Products that were manufactured, distributed, hand straps sold and/or offered or distributed for sale by Creedence in California by Acme before the Effective Date, as alleged in the Notice. In further consideration of the promises and agreements herein containedherein, Xxxxx as an individual Xxxxxx, on her own behalf and not on behalf of the public, on behalf of himself, his her past and current agents, representatives, attorneys, successors, and/or assignees, hereby waives all of Xxxxx'x rights any right to institute or participate in, directly or indirectly, any form of legal action and releases all claims that Xxxxx she may have, including, without limitation, all actions, actions and causes of action, action in law or and in equity, all suits, liabilities, demands, obligations, damages, costs, fines, penalties, losses, or expenses including, but not exclusively, investigation fees, expert fees, and attorneys' DWWRUQH\V¶ fees arising under Proposition 65 with respect to exposures to DEHP in from Products and the Products, as alleged in the Notice, hand straps manufactured, distributed, sold and/or offered for sale by Creedence, Acme before the Effective Date (collectively, Claims), against Creedence and ReleaseesDate. The Parties further understand release provided by Xxxxxx under this section of the Settlement Agreement are provided solely on /HHPDQ¶V own behalf and agree that this Section 4.1 release shall not extend upstream to any entities that manufactured on behalf of the Products or any component parts thereof, or any distributors or suppliers who sold the Products or any component parts thereof to Creedence. Nothing public in this Section affects Xxxxx'x right to commence or prosecute an action under Proposition 65 against a Releasee that does not involve Creedence's ProductsCalifornia.

Claims Covered and Released. 4.1 Xxxxx’x 5.1 XxXxxxx’x Release of Creedence, Winco Holdings, Inc. and Winco Foods, LLC MQ This Settlement Agreement is a full, final final, and binding resolution between Xxxxx, as an individual XxXxxxx and not on behalf of the public, and Creedence, MQ of any violation of Proposition 65 that was or could have been asserted by Xxxxx XxXxxxx, on behalf of himself, or on behalf of his past and current agents, representatives, attorneys, successors, and/or and assignees, against CreedenceMQ, its parents, subsidiaries, affiliated entities under common ownership, directors, officers, employees, attorneys, and each entity to whom Creedence MQ directly or indirectly distributes or sells Products, including, but not limited, to downstream distributors, wholesalers, customers, retailers the Products (including Winco Holdings, Inc. and Winco Foods, LLC“Releasees”), franchisees, cooperative members, and licensees (collectively, Releasees), based on their failure to warn about alleged for unwarned exposures to DEHP contained in the Listed Chemical from the Products that were manufactured, distributed, sold and/or offered or distributed for sale by Creedence in California before by MQ prior to the Effective Date, as alleged in the Notice. In further consideration of the promises and agreements herein contained, Xxxxx as an individual XxXxxxx, on his own behalf and not on behalf of the public, on behalf of himself, his past and current agents, representatives, attorneys, successors, and/or assignees, hereby waives all of Xxxxx'x rights to institute or participate in, directly or indirectly, any form of legal action action, and releases all claims that Xxxxx he may havehave against MQ and Releasees, including, without limitation, all actions, actions and causes of action, in law or in equity, suits, liabilities, demands, obligations, damages, costs, fines, penalties, losses, or expenses expenses, including, but not exclusivelywithout limitation, investigation fees, expert fees, and attorneys' ’ fees arising under Proposition 65 with respect for exposures to DEHP in the Products, as alleged in the Notice, manufactured, Listed Chemical from Products distributed, sold and/or offered sold, or distributed for sale in California by Creedence, before MQ prior to the Effective Date (collectively, Claims), against Creedence and Releasees. 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 Creedence. Nothing in this Section affects Xxxxx'x right to commence or prosecute an action under Proposition 65 against a Releasee that does not involve Creedence's ProductsDate.

Claims Covered and Released. 4.1 Xxxxx’x /HHPDQ¶V Release of Creedence, Winco Holdings, Inc. and Winco Foods, LLC Acme This Settlement Agreement is a full, final and binding resolution between XxxxxXxxxxx, as an individual on her own behalf and not on behalf of the publicin any representative capacity, and CreedenceAcme, of any violation of Proposition 65 that was or could have been asserted by Xxxxx Xxxxxx on her own behalf or on behalf of himself, his her past and current agents, representatives, attorneys, successors, and/or and assignees, against CreedenceAcme, its parents, subsidiaries, affiliated entities under common ownership, directors, officers, employees, attorneys, and each entity to whom Creedence Acme directly or indirectly distributes or sells Products, including, but not limited, to including its downstream distributors, wholesalers, customers, retailers (including Winco Holdings, Inc. and Winco Foods, LLC)retailers, franchisees, cooperative members, licensors, and licensees (collectively, “Releasees”), based on their the alleged or actual failure to warn about alleged exposures to DEHP contained in from Products and the Products that were manufactured, distributed, hand straps sold and/or offered or distributed for sale by Creedence in California by Acme before the Effective Date, as alleged in the Notice. In further consideration of the promises and agreements herein containedherein, Xxxxx as an individual Xxxxxx, on her own behalf and not on behalf of the public, on behalf of himself, his her past and current agents, representatives, attorneys, successors, and/or assignees, hereby waives all of Xxxxx'x rights any right to institute or participate in, directly or indirectly, any form of legal action and releases all claims that Xxxxx she may have, including, without limitation, all actions, actions and causes of action, action in law or and in equity, all suits, liabilities, demands, obligations, damages, costs, fines, penalties, losses, or expenses including, but not exclusively, investigation fees, expert fees, and attorneys' fees arising under Proposition 65 with respect to exposures to DEHP in from Products and the Products, as alleged in the Notice, hand straps manufactured, distributed, sold and/or offered for sale by Creedence, Acme before the Effective Date (collectively, Claims), against Creedence and ReleaseesDate. The Parties further understand release provided by Xxxxxx under this section of the Settlement Agreement are provided solely on Xxxxxx'x own behalf and agree that this Section 4.1 release shall not extend upstream to any entities that manufactured on behalf of the Products or any component parts thereof, or any distributors or suppliers who sold the Products or any component parts thereof to Creedence. Nothing public in this Section affects Xxxxx'x right to commence or prosecute an action under Proposition 65 against a Releasee that does not involve Creedence's ProductsCalifornia.

Claims Covered and Released. 4.1 Xxxxx’x KASB’s Release of Creedence, Winco Holdings, Inc. and Winco Foods, LLC Strikeforce This Settlement Agreement is a full, final and binding resolution between XxxxxKASB, as an individual and not on behalf of the public, and CreedenceStrikeforce, of any violation of Proposition 65 that was or could have been asserted by Xxxxx KASB on behalf of himselfitself, his its past and current agents, representatives, attorneys, successors, and/or assignees, against CreedenceStrikeforce, its parents, subsidiaries, affiliated entities under common ownership, ownership including: directors, officers, employees, attorneys, and each entity to whom Creedence Strikeforce directly or indirectly distributes or sells Products, including, but not limitedlimited to, to downstream distributors, wholesalers, customers, retailers (retailers, including Winco Holdingsbut not limited to Dick’s Sporting Goods, Inc. Inc., Moxy Bowling , and Winco Foods, LLC)Turbo Grips, franchisees, cooperative members, and licensees (collectively, “Releasees”), based on their failure to warn under Proposition 65 about alleged exposures to DEHP DINP contained in the Products that were manufactured, distributed, sold and/or offered for sale by Creedence Strikeforce and sold in or into California before the Effective Date, as alleged in the Notice. In further consideration of the promises and agreements herein contained, Xxxxx KASB as an individual and not on behalf of the public, on behalf of himselfitself, his its past and current agents, representatives, attorneys, successors, and/or assignees, hereby waives all of Xxxxx'x KASB’s rights to institute or participate in, directly or indirectly, any form of legal action and releases all claims that Xxxxx KASB may have, including, without limitation, all actions, and causes of action, claims, in law or in equity, suits, liabilities, demands, obligations, damages, costs, fines, penalties, losses, or expenses including, but not exclusively, investigation fees, expert fees, and attorneys' ’ fees arising under Proposition 65 with respect to DEHP DINP in the Products, as alleged in the Notice, Products manufactured, distributed, sold and/or offered for sale by CreedenceStrikeforce, before the Effective Date (collectively, “Claims”), against Creedence Strikeforce and Releasees. 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 Creedence. Nothing in this Section affects Xxxxx'x right to commence or prosecute an action under Proposition 65 against a Releasee that does not involve Creedence's Products.neither extend

Claims Covered and Released. 4.1 Xxxxx’x 6.1 XxXxxxx’x Release of Creedence, Winco Holdings, Inc. Noticed and Winco Foods, LLC Related Parties This Settlement Agreement is a full, final final, and binding resolution between Xxxxx, as an individual DiPirro and not on behalf of the public, and Creedence, Noticed Party of any violation of Proposition 65 that was or could have been asserted by Xxxxx DiPirro, on behalf of himself, or on behalf of his past and current agents, representatives, attorneys, successors, and/or and assignees, against Creedenceany of the Noticed Party, its parents, subsidiaries, affiliated entities under common ownership, directors, officers, employees, attorneys, and each entity to whom Creedence either Noticed Party directly or indirectly distributes or sells Productsthe Products (“Releasees”), includingincluding its downstream distributors and retailers including Xxxxxx.xxx, but not limitedincluding its upstream suppliers and manufacturers, to downstream distributors, wholesalers, customers, retailers (including Winco Holdings, Inc. and Winco Foods, LLC), franchisees, cooperative members, and licensees (collectively, Releasees), based on their failure to warn about alleged for unwarned exposures to DEHP contained in the Listed Chemical from the Products that were manufactured, distributed, sold and/or offered or distributed for sale by Creedence in California before by the Noticed Party prior to the Effective Date, as alleged in the Notice. In further consideration of the promises and agreements herein contained, Xxxxx as an individual DiPirro, on his own behalf and not on behalf of the public, on behalf of himself, his past and current agents, representatives, attorneys, successors, and/or assignees, hereby waives all of Xxxxx'x rights to institute or participate in, directly or indirectly, any form of legal action action, and releases all claims that Xxxxx he may havehave against the Noticed Party and Releasees, including, without limitation, all actions, actions and causes of action, in law or in equity, suits, liabilities, demands, obligations, damages, costs, fines, penalties, losses, or expenses expenses, including, but not exclusivelywithout limitation, investigation fees, expert fees, and attorneys' ’ fees arising under Proposition 65 with respect for exposures to DEHP in the Products, as alleged in the Notice, manufactured, Listed Chemical from Products distributed, sold and/or offered sold, or distributed for sale in California by Creedence, before the Noticed Party prior to the Effective Date (collectively, Claims), against Creedence and Releasees. 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 Creedence. Nothing in this Section affects Xxxxx'x right to commence or prosecute an action under Proposition 65 against a Releasee that does not involve Creedence's ProductsDate.

Claims Covered and Released. 4.1 Xxxxx’x Held’s Release of Creedence, Winco HoldingsRoyal and Xxxx’x Companies, Inc. and Winco Foods, LLC (collectively “Releasees”). This Settlement Agreement is a full, final final, and binding resolution between Xxxxx, as an individual Held and not on behalf of the public, and Creedence, Royal of any violation of Proposition 65 that was or could have been asserted by Xxxxx Xxxx, on behalf of himself, or on behalf of his past and current agents, representatives, attorneys, successors, and/or and assignees, against CreedenceReleasees, its their successors, assignees, parents, subsidiaries, affiliated entities under common ownership, directors, officers, employees, attorneys, and each entity to whom Creedence Royal directly or indirectly distributes or sells the Products, including, but not limitedwithout limitation, to its downstream distributors, wholesalers, customers, retailers (including Winco Holdings, Inc. and Winco Foods, LLC)retailers, franchisees, cooperative members, and licensees (collectively, Releasees)licensees, based on their failure to warn about alleged unwarned exposures to DEHP contained in the TDCPP from Products that were manufactured, distributed, sold and/or offered or distributed for sale by Creedence in California before by Royal prior to the Effective Date, as alleged in the Notice. In further consideration of the promises and agreements herein contained, Xxxxx as an individual Xxxx, on his own behalf and not on behalf of the public, on behalf of himself, his past and current agents, representatives, attorneys, successors, and/or and assignees, hereby waives all of Xxxxx'x rights to institute or participate in, directly or indirectly, any form of legal action action, and releases all claims that Xxxxx he may havehave against Releasees with respect to unwarned exposures to TDCPP from Products manufactured, sold or distributed for sale in California by Royal prior to the Effective Date, including, without limitation, all actions, actions and causes of action, in law or in equity, suits, liabilities, demands, obligations, damages, costs, fines, penalties, losses, or expenses expenses, including, but not exclusivelywithout limitation, investigation fees, expert fees, and attorneys' ’ fees arising under Proposition 65 with respect to DEHP in the Products, as alleged in the Notice, manufactured, distributed, sold and/or offered for sale by Creedence, before the Effective Date (collectively, Claims), against Creedence and Releasees. 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 Creedence. Nothing in this Section affects Xxxxx'x right to commence or prosecute an action under Proposition 65 against a Releasee that does not involve Creedence's Products65.