Common use of Claims Covered and Released Clause in Contracts

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

Claims Covered and Released. 4.1 Xxxxxxxxx’x Xxxxxxxxx’s Release of Proposition 65 Claims Xxxxxxxxx acting on her own behalf, and not on behalf of the public, releases Macy’sCKK, its parents, subsidiaries, affiliated entities under common ownership, directors, officers, agents employees, attorneys, and each entity to whom Macy’s CKK directly or indirectly distributes or sells the Products, including, but not limited, to downstream distributors, wholesalers, customers, retailersretailers including, but not limited to Walmart, 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 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 Macy’sCKK.

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

Claims Covered and Released. 4.1 Xxxxxxxxx’x Xxxxxxx’x Release of Proposition 65 Claims Xxxxxxxxx Xxxxxxx acting on her his own behalf, and not on behalf of the public, releases Macy’sWin Hang, its parents, subsidiaries, affiliated entities under common ownership, directors, officers, agents employees, attorneys, and each entity to whom Macy’s Win Hang directly or indirectly distributes or sells the Products, including, but not limitedlimited to, to downstream distributors, wholesalers, customers, retailersretailers including, but not limited to Rite Aid Corporation, franchisees, cooperative members, importers, and licensees (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 Macy’sWin Hang.

Claims Covered and Released. 4.1 Xxxxxxxxx’x Xxxxxxxxx’s Release of Proposition 65 Claims Xxxxxxxxx acting on her own behalf, and not on behalf of the public, releases Macy’sIn Mocean, its parents, subsidiaries, affiliated entities under common ownership, directors, officers, agents employees, attorneys, and each entity to whom Macy’s In Mocean directly or indirectly distributes or sells the Products, including, but not limitedlimited to, to downstream distributors, wholesalers, customers, retailersretailers including, but not limited to Walmart, 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 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 Macy’sIn Mocean.

Claims Covered and Released. 4.1 Xxxxxxxxx’x Xxxxxxxxx’s Release of Proposition 65 Claims Xxxxxxxxx acting on her own behalf, and not on behalf of the public, releases Macy’sKingsbridge, its parents, subsidiaries, affiliated entities under common ownership, directors, officers, agents employees, attorneys, and each entity to whom Macy’s Kingsbridge directly or indirectly distributes or sells the Products, including, but not limitedlimited to, to downstream distributors, wholesalers, customers, retailersretailers including, but not limited to CVS Pharmacy, 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 Macy’sKingsbridge.

Claims Covered and Released. 4.1 Xxxxxxxxx’x Release of Proposition 65 Claims Xxxxxxxxx acting on her own behalf, and not on behalf of the public, releases Macy’sXxxxx Xxxxx, its parents, subsidiaries, affiliated entities under common ownership, directors, officers, agents employees, attorneys, and each entity to whom Macy’s Xxxxx Xxxxx directly or indirectly distributes or sells the sell Products, including, but not limitedlimited to, to downstream distributors, wholesalers, customers, retailersretailers including, but not limited to HomeGoods, Inc., franchisees, cooperative members, importers, and licensees (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 Macy’sXxxxx Xxxxx.

Claims Covered and Released. 4.1 Xxxxxxxxx’x Xxxxxxx’x Release of Proposition 65 Claims Xxxxxxxxx Xxxxxxx acting on her his own behalf, and not on behalf of the public, releases Macy’sJust Funky, its their parents, subsidiaries, affiliated entities under common ownership, directors, officers, agents employees, attorneys, and each entity to whom Macy’s Just Funky directly or indirectly distributes or sells the sell Products, including, but not limitedlimited to, to downstream distributors, wholesalers, customers, retailersretailers (including, specifically, Hot Topic), franchisees, cooperative members, importers, and licensees (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 Macy’sJust Funky.

Claims Covered and Released. 4.1 Xxxxxxxxx’x Release of Proposition 65 Claims Xxxxxxxxx acting on her own behalf, and not on behalf of the public, releases Macy’sCore Home, its parents, subsidiaries, affiliated entities under common ownership, directors, officers, agents employees, attorneys, and each entity to whom Macy’s Core Home directly or indirectly distributes or sells the Products, including, but not limited, to downstream distributors, wholesalers, customers, retailersretailers including, but not limited to, Nordstrom, Inc., franchisees, cooperative members, importers, and licensees (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 Macy’sCore Home.

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

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

Claims Covered and Released. 4.1 Xxxxxxxxx’x Release of Proposition 65 Claims Xxxxxxxxx acting on her own behalf, and not on behalf of the public, releases Macy’sSimple Symbol, its parents, subsidiaries, affiliated entities under common ownership, directors, officers, agents employees, attorneys, and each entity to whom Macy’s Simple Symbol directly or indirectly distributes or sells the Products, including, but not limitedlimited to, to downstream distributors, wholesalers, customers, retailersretailers including, but not limited to, 99 Cents Only Stores LLC, franchisees, cooperative members, importers, and licensees (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 Macy’sSimple Symbol.

Claims Covered and Released. 4.1 Xxxxxxxxx’x Xxxxxxxxx’s Release of Proposition 65 Claims Xxxxxxxxx acting on her own behalf, and not on behalf of the public, releases Macy’sXxxxxxxxx Rye, its parents, subsidiaries, affiliated entities under common ownership, directors, officers, agents employees, attorneys, and each entity to whom Macy’s Xxxxxxxxx Rye directly or indirectly distributes or sells the Products, including, but not limited, to downstream distributors, wholesalers, customers, retailersretailers (including Walmart 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 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 Macy’sXxxxxxxxx Rye.

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