Common use of Claims Covered and Released Clause in Contracts

Claims Covered and Released. 6.1 XxXxxxx’x Release of Noticed and Related Parties This Settlement Agreement is a full, final, and binding resolution between DiPirro and the Noticed Party of any violation of Proposition 65 that was or could have been asserted by DiPirro, on behalf of himself, or on behalf of his past and current agents, representatives, attorneys, successors, and assignees, against any of the Noticed Party, its parents, subsidiaries, affiliated entities under common ownership, directors, officers, employees, attorneys, and each entity to whom either Noticed Party directly or indirectly distributes or sells the Products (“Releasees”), including its downstream distributors and retailers including Xxxxxx.xxx, but not including its upstream suppliers and manufacturers, for unwarned exposures to the Listed Chemical from the Products manufactured, distributed, sold or distributed for sale in California by the Noticed Party prior to the Effective Date. In further consideration of the promises and agreements herein contained, DiPirro, on his own behalf and on behalf of his past and current agents, representatives, attorneys, successors, and/or assignees, hereby waives all rights to institute or participate in, directly or indirectly, any form of legal action, and releases all claims that he may have against the Noticed Party and Releasees, including, without limitation, all actions and causes of action, suits, liabilities, demands, obligations, damages, costs, fines, penalties, losses, or expenses, including, without limitation, investigation fees, expert fees, and attorneys’ fees arising under Proposition 65 for exposures to the Listed Chemical from Products distributed, sold, or distributed for sale in California by the Noticed Party prior to the Effective Date.

Claims Covered and Released. 6.1 XxXxxxx’x 4.1 EHA’s Release of Noticed Forager and Related Parties Lazy Acres, Inc. This Settlement Agreement is a full, final, and binding resolution between DiPirro EHA, on its own behalf and the Noticed Party its, past, current, future agents, representatives, attorneys, successors, mebers, directors, officers, and/or assignees, and Forager of any violation of Proposition 65 that was or could have been asserted by DiPirroEHA, on its own behalf, on behalf of himself, or on behalf of his its past and current agents, representatives, attorneys, successors, successors and assignees, against any Forager and each of the Noticed Partyits 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 either Noticed Party Forager directly or indirectly distributes or sells the Products Product, including, but not limited to, its downstream distributors, wholesalers, customers, retailers including specifically Lazy Acres, Inc. and its parents, subsidiaries and affiliated entities under common ownership and their directors, officers, members, employees and attorneys, franchisees, insurers, distributors, cooperative members and licensees (“Releasees”), including its downstream distributors and retailers including Xxxxxx.xxx, but not including its upstream suppliers and manufacturers, for unwarned based on the failure to warn about exposures to acrylamide in the Listed Chemical from the Products Product manufactured, distributed, sold or distributed for sale in California by the Noticed Party prior to Forager before the Effective Date, as alleged in the Notice. In further consideration of the promises and agreements herein contained, DiPirro, EHA on his its own behalf and and, on behalf of his its past and current agents, representatives, attorneys, successors, and/or assignees, 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, action and releases all claims that he may have against the Noticed Party Forager and Releasees, Releasees including, without limitation, all actions and causes of action, suits, liabilities, demands, obligations, damages, costs, fines, penalties, losses, losses or expenses, expenses including, without limitationbut not exclusively, investigation fees, expert fees, fees and attorneys’ attorney fees arising under Proposition 65 for with respect to the alleged or actual failure to warn about exposures to acrylamide in the Listed Chemical from Products Product manufactured, distributed, sold, sold or distributed offered for sale in California by the Noticed Party prior to Forager, before the Effective Date, including but not limited to allegations related to the labeling, packaging, advertising, promotion, branding, marketing, manufacturing, design, formulation, distribution or sale of the Product or any other 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 of them, regardless of the statute, regulation, common law legal theory, or other legal or equitable basis on which the allegations may be asserted.

Claims Covered and Released. 6.1 XxXxxxx’x 4.1 Kallander’s Release of Noticed Giftcraft, B&N and Related Parties Downstream Customers and Entities. This Settlement Agreement is a full, final, final and binding resolution between DiPirro Xxxxxxxxx, acting on her own behalf, and not on behalf of the Noticed Party public, and Giftcraft, of any violation of Proposition 65 that was or could have been asserted by DiPirro, on behalf of himself, Xxxxxxxxx or on behalf of his her past and current agents, representatives, attorneys, successors, and assignees, against any and/or assigns (“Releasors”) for failure to provide warnings for alleged exposures to lead from use of the Noticed PartyProducts, and Releasors hereby release any such claims against Giftcraft and its parents, subsidiaries, affiliated entities under common ownershipentities, shareholders, marketplaces, directors, officers, agents, employees, attorneys, successors and assignees, and each entity to whom either Noticed Party Giftcraft directly or indirectly distributes or sells the Products Products, including but not limited to Xxxxxx & Xxxxx Booksellers, Inc. and its respective subsidiaries, affiliates and parents, shareholders, directors, officers, agents, employees, attorneys, successors and assignees, downstream distributors, wholesalers, customers, and retailers, including but not limited to their respective subsidiaries, affiliates and parents, franchisees, cooperative members and licensees (collectively, the “Releasees”), including its downstream distributors and retailers including Xxxxxx.xxx, but not including its upstream suppliers and manufacturers, from all claims for unwarned exposures to the Listed Chemical from the Products manufactured, distributed, sold or distributed for sale in California by the Noticed Party prior to violations of Proposition 65 through the Effective DateDate based on unwarned exposure to lead from use of the Products. In further consideration of the promises and agreements herein contained, DiPirroand for the payments to be made, on his own behalf and Xxxxxxxxx, on behalf of his herself, her past and current agents, representatives, attorneys, successors, successors and/or assignees, hereby covenants not to sue and waives all rights any right to institute or institute, participate in, directly or indirectly, any form of legal action, action and releases all claims that he she may have against the Noticed Party and Releaseeshave, including, including without limitation, all actions and causes of actionaction in law and in equity, suits, liabilities, demands, all obligations, damages, costs, fines, penalties, losses, or expenses, including, expenses (including without limitation, investigation limitation all attorneys’ fees, expert fees, and attorneys’ fees arising under Proposition 65 for exposures to investigation fees, and costs), damages, losses, liabilities and demands against any of the Listed Chemical from Products distributedReleasees of any nature, soldcharacter, or distributed for sale in California by kind, whether known or unknown, suspected or unsuspected, limited to and arising out of the Noticed Party prior alleged or actual exposure to lead from use of the Effective DateProducts.

Claims Covered and Released. 6.1 XxXxxxx’x 4.1 Xxxxxxx’x Release of Noticed and Related Parties Settling Entity This Settlement Agreement is a full, final, final and binding resolution between DiPirro Xxxxxxx and the Noticed Party Settling Entity of any violation of Proposition 65 that was or could have been asserted by DiPirro, Xxxxxxx on behalf of himself, or on behalf of his past and current agents, representatives, attorneys, successors, and and/or assignees, against any the Settling Entity and each of the Noticed Party, 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 either Noticed Party it directly or indirectly distributes or sells Products, including but not limited to distributors, wholesalers, customers, , resellers, retailers (including but not limited to Xxxxxx.xxx, Inc.), franchisees, and cooperative members, and each of their respective parents, subsidiaries, affiliated entities under common ownership, directors, officers, employees and attorneys (Releasees) based on their failure to warn about alleged exposures to DEHP and DINP in the Products (“Releasees”), including its downstream distributors and retailers including Xxxxxx.xxx, but not including its upstream suppliers and manufacturers, for unwarned exposures to the Listed Chemical from the Products manufactured, distributed, that were sold or distributed and/or offered for sale in California by the Noticed Party prior Settling Entity through Xxxxxx.xxx and/or any other channels to customers in California before the Effective Date, as alleged in the Notices. In further consideration of the promises and agreements herein contained, DiPirro, on his own behalf Xxxxxxx and on behalf of his past and current agents, representatives, attorneys, successors, and/or assignees, hereby waives all of his rights to institute or participate in, directly or indirectly, any form of legal action, action and releases all claims that he may have against the Noticed Party and Releaseeshave, 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, without limitationbut not exclusively, investigation fees, expert fees, and attorneys’ fees arising under Proposition 65 for exposures with respect to DEHP and DINP in the Listed Chemical from Products distributedagainst the Settling Entity and the releasees. Nothing in this subsection, soldtherefore, or distributed for sale in California shall affect Xxxxxxx’x right to commence an action under Proposition 65 against the Settling Entity and its releasees that do not involve the Products covered by the Noticed Party prior to the Effective Datethis Settlement Agreement.

Claims Covered and Released. 6.1 XxXxxxx’x 4.1 W ozniak’s Release of Noticed and Related Parties B&G This Settlement Agreement is a full, final, final and binding resolution between DiPirro Xxxxxxx, as an individual and not on behalf of the Noticed Party public, and B&G, of any violation of Proposition 65 that was or could have been asserted by DiPirro, Xxxxxxx on behalf of himself, or on behalf of his past and current agents, representatives, attorneys, successors, and and/or assignees, against any of the Noticed PartyB&G, its parents, subsidiaries, affiliated entities under common ownership, directors, officers, employees, attorneys, and each entity to whom either Noticed Party B&G directly or indirectly distributes or sells the Products (“Releasees”)Products, including its downstream distributors and retailers including Xxxxxx.xxxincluding, but not including its upstream suppliers limited, to downstream distributors, wholesalers, customers, retailers, franchisees, cooperative members, and manufacturerslicensees (collectively, for unwarned Releasees), based on their failure to warn about alleged exposures to the Listed Chemical from lead contained in the Products that were manufactured, distributed, sold or distributed and/or offered for sale by B&G in California by the Noticed Party prior to before the Effective Date, as alleged in the Notice. In further consideration of the promises and agreements herein contained, DiPirro, on his own behalf 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 Xxxxxxx’x rights to institute or participate in, directly or indirectly, any form of legal action, action and releases all claims that he Xxxxxxx may have against the Noticed Party and Releaseeshave, 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, without limitationbut not exclusively, investigation fees, expert fees, and attorneys’ fees arising under Proposition 65 for exposures with respect to lead in the Listed Chemical from Products Products, as alleged in the Notice, manufactured, distributed, soldsold and/or offered for sale by B&G, before the Effective Date (collectively, Claims), against 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 distributed for sale any distributors or suppliers who sold the Products or any component parts thereof to B&G. Nothing in California by the Noticed Party prior this Section affects Xxxxxxx’x right to the Effective Datecommence or prosecute an action under Proposition 65 against a Releasee that does not involve B&G’s Products.

Claims Covered and Released. 6.1 XxXxxxx’x 4.1 Xxxxx’x Release of Noticed Creedence, Winco Holdings, Inc. and Related Parties Winco Foods, LLC This Settlement Agreement is a full, final, final and binding resolution between DiPirro Xxxxx, as an individual and not on behalf of the Noticed Party public, and Creedence, of any violation of Proposition 65 that was or could have been asserted by DiPirro, Xxxxx on behalf of himself, or on behalf of his past and current agents, representatives, attorneys, successors, and and/or assignees, against any of the Noticed PartyCreedence, its parents, subsidiaries, affiliated entities under common ownership, directors, officers, employees, attorneys, and each entity to whom either Noticed Party Creedence directly or indirectly distributes or sells the Products (“Releasees”)Products, including its downstream distributors and retailers including Xxxxxx.xxxincluding, but not limited, to downstream distributors, wholesalers, customers, retailers (including its upstream suppliers Winco Holdings, Inc. and manufacturersWinco Foods, for unwarned LLC), franchisees, cooperative members, and licensees (collectively, Releasees), based on their failure to warn about alleged exposures to the Listed Chemical from DEHP contained in the Products that were manufactured, distributed, sold or distributed and/or offered for sale by Creedence in California by the Noticed Party prior to before the Effective Date, as alleged in the Notice. In further consideration of the promises and agreements herein contained, DiPirro, on his own behalf 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, action and releases all claims that he Xxxxx may have against the Noticed Party and Releaseeshave, 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, without limitationbut not exclusively, investigation fees, expert fees, and attorneys’ ' fees arising under Proposition 65 for exposures with respect to DEHP in the Listed Chemical from Products Products, as alleged in the Notice, manufactured, distributed, soldsold 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 distributed for sale any distributors or suppliers who sold the Products or any component parts thereof to Creedence. Nothing in California by the Noticed Party prior this Section affects Xxxxx'x right to the Effective Datecommence or prosecute an action under Proposition 65 against a Releasee that does not involve Creedence's Products.

Claims Covered and Released. 6.1 XxXxxxx’x 4.1 Held’s Release of Noticed Royal and Related Parties Xxxx’x Companies, Inc. (collectively “Releasees”). This Settlement Agreement is a full, final, and binding resolution between DiPirro Held and the Noticed Party Royal of any violation of Proposition 65 that was or could have been asserted by DiPirroHeld, on behalf of himself, or on behalf of his past and current agents, representatives, attorneys, successors, and assignees, against any of the Noticed PartyReleasees, its their successors, assignees, parents, subsidiaries, affiliated entities under common ownership, directors, officers, employees, attorneys, and each entity to whom either Noticed Party Royal directly or indirectly distributes or sells the Products (“Releasees”)Products, including including, without limitation, its downstream distributors distributors, wholesalers, customers, retailers, franchisees, cooperative members, and retailers including Xxxxxx.xxxlicensees, but not including its upstream suppliers and manufacturers, for based on unwarned exposures to the Listed Chemical TDCPP from the Products manufactured, distributed, sold or distributed for sale in California by the Noticed Party Royal prior to the Effective Date. In further consideration of the promises and agreements herein contained, DiPirroHeld, on his own behalf and on behalf of his past and current agents, representatives, attorneys, successors, and/or and assignees, hereby waives all rights to institute or participate in, directly or indirectly, any form of legal action, and releases all claims that he may have against Releasees with respect to unwarned exposures to TDCPP from Products manufactured, sold or distributed for sale in California by Royal prior to the Noticed Party and ReleaseesEffective Date, including, without limitation, all actions and causes of action, suits, liabilities, demands, obligations, damages, costs, fines, penalties, losses, or expenses, including, without limitation, investigation fees, expert fees, and attorneys’ fees arising under Proposition 65 for exposures to the Listed Chemical from Products distributed, sold, or distributed for sale in California by the Noticed Party prior to the Effective Date65.