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 SPC, its parents, subsidiaries, affiliated entities under common ownership, directors, officers, agents, employees, attorneys, and each entity to whom SPC directly or indirectly distributes or sells, or to whom SPC has directly or indirectly distributed or sold, the Products or Additional Products, including, but not limited, to downstream distributors, wholesalers, customers, retailers, franchisees, cooperative members, 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 or Additional Products, as set forth in the Notice. Compliance with the terms of this Settlement Agreement constitutes compliance with Proposition 65 with respect to exposures to lead from the Products and the Additional Products, as set forth in the Notice. The Parties further understand and agree that this Section 4.1 release shall not extend upstream to any entities, other than SPC, that manufactured the Products, the Additional Products or any component parts thereof, or any distributors or suppliers that sold the Products, the Additional Products, or any component parts thereof to SPC.

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 SPCTablecraft, its parents, subsidiaries, affiliated entities under common ownership, directors, officers, agents, agents employees, attorneys, ( collectively, “Releasees”) and each entity to whom SPC Tablecraft directly or indirectly distributes or sells, or to whom SPC has directly or indirectly distributed or sold, the Products or Additional sells Products, including, but not limited, to downstream distributors, wholesalers, customers, retailers, (including Target Corporation and its parents, subsidiaries and affiliates), franchisees, cooperative members, importers, and licensees (collectively, ““ Downstream Releasees”), from any and all claims for that have been or could have been brought, or may in the future be asserted against the Releasees or Downstream Releasees regarding violations of Proposition 65 through the Effective Date based on unwarned for exposures to lead or failure to warn about exposures to lead, arising out of or in connection with sales of the Products or Additional Productsmanufactured, as set forth in shipped and/or otherwise distributed by Tablecraft prior to the Notice. Compliance with Effective Date, even if sold by Downstream Releasees after the terms of this Settlement Agreement constitutes compliance with Proposition 65 with respect to exposures to lead from the Products and the Additional Products, as set forth in the NoticeEffective Date. The Parties further understand and agree that this Section 4.1 release shall not extend upstream to any entities, other than SPC, entities that manufactured the Products, the Additional Products or any component parts thereof, or any distributors or suppliers that who sold the Products, the Additional Products, Products or any component parts thereof to SPCTablecraft.

Claims Covered and Released. 4.1 Xxxxxxx’x Release of Proposition 65 Claims Xxxxxxx, Xxxxxxx acting on his own behalf, and not on behalf of the public, releases SPCW S Trading, its parents, subsidiaries, affiliated entities under common ownership, directors, officers, agents, agents employees, attorneys, and each entity to whom SPC W S Trading directly or indirectly distributes or sells, or to whom SPC has directly or indirectly distributed or sold, the Products or Additional sells Products, including, but not limitedlimited to, to downstream distributors, wholesalers, customers, retailers, franchisees, cooperative members, 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 or Additional Products, as set forth in the Notice. Compliance with the terms of this Settlement Agreement constitutes compliance with Proposition 65 with respect to exposures to lead from the Products and the Additional Products, as set forth in the Notice. The Parties further understand and agree that this Section 4.1 release shall not extend upstream to any entities, other than SPC, entities that manufactured the Products, the Additional Products or any component parts thereof, or any distributors or suppliers that who sold the Products, the Additional Products, Products or any component parts thereof to SPCW S Trading. This release explicitly includes Five Below, Inc., and releases and waives all claims against Five Below, Inc., its parents, subsidiaries, affiliated entities under common ownership, directors, officers, agents employees, attorneys, and each entity to whom W S Trading directly or indirectly distributes or sells Products, including, but not limited to, downstream distributors, wholesalers, customers, retailers, franchisees, cooperative members, 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.