Common use of Claims Covered and Released Clause in Contracts

Claims Covered and Released. 4.1 EHA’s Release of DeLallo This Settlement Agreement is a full, final, and binding resolution between EHA, on its own behalf and not on behalf of the public, and DeLallo of any violation of Proposition 65 that was or could have been asserted by EHA, on its own behalf, on behalf of its past and current agents, representatives, attorneys, successors and assignees, against 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 DeLallo directly or indirectly distributes or sells the Product, including, but not limited to, Ralph’s Grocery Company and any other of DeLallo’s downstream distributors, wholesalers, customers, retailers, franchisees, cooperative members and licensees (“Releasees”), based on the failure to warn about exposures to Acrylamide in the Product manufactured, sold or distributed for sale in California by DeLallo before the Effective Date, as alleged in the Notice. In further consideration of the promises and agreements herein contained, EHA on its own behalf and not on behalf of the public, on behalf of its past and current agents, representatives, attorneys, successors, and assignees hereby waives any and all rights it may have to institute or participate in, directly or indirectly, any form of legal action and releases all claims against DeLallo and Releasees including, without limitation, all actions and causes of action, suits, liabilities, demands, obligations, damages, costs, fines, penalties, losses, or expenses including, but not exclusively, investigation fees, expert fees and attorney fees arising under Proposition 65 with respect to the alleged or actual failure to warn about exposures to Acrylamide in the Product manufactured, distributed, sold or offered for sale by DeLallo, before the Effective Date. 4.2 Xxxxxx XxXxxxx Company Inc.’s Release of EHA DeLallo, on its own behalf and on behalf of its past and current agents, representatives, attorneys, successors, and assignees, hereby waives any and all claims against EHA and its attorneys and other representatives, for any and all actions taken or statements made by EHA and its attorneys and other representatives, whether in the course of investigating claims, otherwise seeking to enforce Proposition 65 against it in this matter, or with respect to the Product.

Claims Covered and Released. 4.1 EHA’s HHPDQ¶V Release of DeLallo Acme This Settlement Agreement is a full, final, final and binding resolution between EHAXxxxxx, on its her own behalf and not on behalf of the publicin any representative capacity, and DeLallo Acme, of any violation of Proposition 65 that was or could have been asserted by EHA, Xxxxxx on its her own behalf, behalf or on behalf of its her past and current agents, representatives, attorneys, successors successors, and assignees, against DeLallo and each of Acme, 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 DeLallo Acme directly or indirectly distributes or sells the ProductProducts, including, but not limited to, Ralph’s Grocery Company and any other of DeLallo’s including its downstream distributors, wholesalers, customers, retailers, franchisees, cooperative members members, licensors, and licensees (“Releasees”³5HOHDVHHV´), based on the alleged or actual failure to warn about exposures to Acrylamide in DEHP from Products and the Product manufactured, hand straps sold or distributed for sale in California by DeLallo Acme before the Effective Date, as alleged in the Notice. In further consideration of the promises and agreements herein containedherein, EHA Xxxxxx, on its her own behalf and not on behalf of the public, on behalf of its her past and current agents, representatives, attorneys, successors, and assignees and/or assignees, hereby waives any and all rights it may have right to institute or participate in, directly or indirectly, any form of legal action and releases all claims against DeLallo and Releasees that she may have, including, without limitation, all actions and causes of actionaction in law and in equity, all suits, liabilities, demands, obligations, damages, costs, fines, penalties, losses, or expenses including, but not exclusively, investigation fees, expert fees fees, and attorney DWWRUQH\V¶ fees arising under Proposition 65 with respect to the alleged or actual failure to warn about exposures to Acrylamide in DEHP from Products and the Product hand straps manufactured, distributed, sold or and/or offered for sale by DeLallo, Acme before the Effective Date. 4.2 . The release provided by Xxxxxx XxXxxxx Company Inc.’s Release under this section of EHA DeLallo, the Settlement Agreement are provided solely on its /HHPDQ¶V own behalf and not on behalf of its past and current agents, representatives, attorneys, successors, and assignees, hereby waives any and all claims against EHA and its attorneys and other representatives, for any and all actions taken or statements made by EHA and its attorneys and other representatives, whether the public in the course of investigating claims, otherwise seeking to enforce Proposition 65 against it in this matter, or with respect to the ProductCalifornia.