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 Evergreen its parents, subsidiaries, affiliated entities under common ownership, directors, officers, agents employees, attorneys, and each entity to whom Evergreen directly or indirectly distributes or sells Products, including, but not limited, to downstream distributors, wholesalers, customers, retailers, including, but not limited to, Ace Hardware Corporation, 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 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 Evergreen.

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 Evergreen Coastal Cocktails, its parents, subsidiaries, affiliated entities under common ownership, directors, officers, agents employees, attorneys, and each entity to whom Evergreen Coastal Cocktails directly or indirectly distributes or sells the Products, including, but not limited, to downstream distributors, wholesalers, customers, retailers, retailers including, but not limited toto Xxxx Stores, Ace Hardware Corporation, Inc. and their respective subsidiaries, affiliates and parentsAt Home Stores LLC, franchisees, cooperative members, importers, and licensees (collectively, “Releasees”), from all claims for violations of Proposition 65 through the Effective Date relating to 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 EvergreenCoastal Cocktails.

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 Evergreen Xxxxxx, its parents, subsidiaries, predecessors, successors, assignees, affiliated entities under common ownership, directors, officers, agents employees, attorneys, and each entity to whom Evergreen Xxxxxx directly or indirectly distributes or sells the Products, including, but not limited, to downstream distributors, wholesalers, customers, retailers, retailers including, but not limited to, Ace Hardware CorporationThe Home Depot, and their respective subsidiaries, affiliates and parentsInc., franchisees, cooperative members, importers, and licensees (collectively, “Releasees”), from all claims for violations of Proposition 65 through the Effective Date relating to 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 EvergreenXxxxxx.

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 Evergreen its Xxxxxx, their parents, subsidiaries, affiliated entities under common ownership, directors, officers, agents employees, attorneys, and each entity to whom Evergreen Xxxxxx directly or indirectly distributes or sells sell Products, including, but not limited, to downstream distributors, wholesalers, customers, retailers, including, but not limited to, Ace Hardware Corporationdownstream distributors, wholesalers, customers, retailers including, but not limited to Walgreen Co. and Tuesday Morning, Inc. and their respective subsidiaries, affiliates affiliates, and parents, shareholders franchisees, cooperative members, importers, licensors and licensees (collectively, “Releasees”), from all claims for violations of Proposition 65 through the Effective Date relating to based on unwarned exposures to lead in from the Products. The Parties further understand and agree that this Section 4.1 release shall not extend upstream to any entities that may have manufactured the Products or any component parts thereofthereof for Xxxxxx, or any distributors or suppliers who may have sold the Products or any component parts thereof to EvergreenXxxxxx.

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 Evergreen Tzumi, its parents, subsidiaries, affiliated entities under common ownership, directors, officers, agents employees, attorneys, and each entity to whom Evergreen Tzumi directly or indirectly distributes or sells the Products, including, but not limited, to downstream distributors, wholesalers, customers, retailers, retailers including, but not limited to, Ace Hardware CorporationOffice Depot, Inc. and their respective subsidiariesOfficeMax North America, affiliates and parentsInc., franchisees, cooperative members, importers, and licensees (collectively, “Releasees”), from all claims for violations of Proposition 65 through the Effective Date relating to 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 EvergreenTzumi.

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 Evergreen North Wing Export, its parents, subsidiaries, affiliated entities under common ownership, directors, officers, agents employees, attorneys, and each entity to whom Evergreen North Wing Export directly or indirectly distributes or sells the Products, including, but not limited, to downstream distributors, wholesalers, customers, retailers, retailers (including, but not limited to, Ace Hardware Corporation, At Home Stores LLC and their respective subsidiaries, all of its parents’ affiliates and parentssubsidiaries), franchisees, cooperative members, importers, and licensees (collectively, “Releasees”), from all claims for violations of Proposition 65 through the Effective Date relating to 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 EvergreenNorth Wing Export.

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 Evergreen BWTC, its parents, subsidiaries, affiliated entities under common ownership, directors, officers, agents employees, attorneys, and each entity to whom Evergreen BWTC directly or indirectly distributes or sells Products, including, but not limitedlimited to, to downstream distributors, wholesalers, customers, retailers, including, retailers (including but not limited to, Ace Hardware CorporationXxxx Stores, Inc. and its parents, subsidiaries, and their respective subsidiaries, affiliates and parentsaffiliates), franchisees, cooperative members, importers, and licensees (collectively, “Releasees”), from all claims for violations of Proposition 65 through the Effective Date relating to 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 EvergreenBWTC.

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 Evergreen BWTC, its parents, subsidiaries, affiliated entities under common ownership, directors, officers, agents employees, attorneys, and each entity to whom Evergreen BWTC directly or indirectly distributes or sells Products, including, but not limitedlimited to, to downstream distributors, wholesalers, customers, retailers, retailers including, but not limited to, Ace Hardware Corporation, to At Home Stores LLC and their respective subsidiaries, all of its parents affiliates and parentssubsidiaries, franchisees, cooperative members, importers, and licensees (collectively, “Releasees”), from all claims for violations of Proposition 65 through the Effective Date relating to 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 EvergreenBWTC.