Common use of Kallander’s Individual Release of Claims Clause in Contracts

Kallander’s Individual Release of Claims. Xxxxxxxxx, in her individual capacity only and not in her representative capacity, provides a release herein which shall be effective as a full and final accord and satisfaction, as a bar to all actions, causes of action, obligations, costs, expenses, attorneys’ fees, damages, losses, claims, liabilities, and demands of Kallander of any nature, character, or kind, whether known or unknown, suspected or unsuspected, including but not limited to all failure to warn claims, arising out of alleged or actual exposures to lead in the Products manufactured, imported, distributed, or sold by Handmade Expressions prior to the Effective Date. The Parties understand and agree that this Section 4.2 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 Handmade Expressions. Nothing in this Section affects Xxxxxxxxx’s right to commence or prosecute an action under Proposition 65 against a Releasee that does not involve Handmade Expressions’ Products.

Appears in 1 contract

Samples: Settlement Agreement

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Kallander’s Individual Release of Claims. Xxxxxxxxx, in her individual capacity only and not in her representative capacity, provides a release herein which shall be effective as a full and final accord and satisfaction, as a bar to all actions, causes of action, obligations, costs, expenses, attorneys’ fees, damages, losses, claims, liabilities, and demands of Kallander of any nature, character, or kind, whether known or unknown, suspected or unsuspected, including but not limited to all failure to warn claims, arising out of alleged or actual exposures to lead in the Products manufactured, imported, distributed, or sold by Handmade Expressions Xxxxxxxxx Rye prior to the Effective Date. The Parties understand and agree that this Section 4.2 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 Handmade ExpressionsXxxxxxxxx Rye. Nothing in this Section affects Xxxxxxxxx’s right to commence or prosecute an action under Proposition 65 against a Releasee that does not involve Handmade Expressions’ Xxxxxxxxx Rye’s Products.

Appears in 1 contract

Samples: Settlement Agreement

Kallander’s Individual Release of Claims. Xxxxxxxxx, in her individual capacity only and not in her representative capacity, provides a release herein which shall be effective as a full and final accord and satisfaction, as a bar to all actions, causes of action, obligations, costs, expenses, attorneys’ fees, damages, losses, claims, liabilities, and demands of Kallander of any nature, character, or kind, whether known or unknown, suspected or unsuspected, including but not limited to all failure to warn claims, arising out of alleged or actual exposures to lead in the Products manufactured, imported, distributed, or sold by Handmade Expressions XR prior to the Effective Date. The Parties understand and agree that this Section 4.2 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 Handmade ExpressionsXR. Nothing in this Section affects Xxxxxxxxx’s right to commence or prosecute an action under Proposition 65 against a Releasee that does not involve Handmade Expressions’ XR’s Products.

Appears in 1 contract

Samples: Settlement Agreement

Kallander’s Individual Release of Claims. Xxxxxxxxx, in her individual capacity only and not in her representative capacity, provides a release herein which shall be effective as a full and final accord and satisfaction, as a bar to all actions, causes of action, obligations, costs, expenses, attorneys’ fees, damages, losses, claims, liabilities, and demands of Kallander of any nature, character, or kind, whether known or unknown, suspected or unsuspected, including but not limited to all failure to warn claims, arising out of alleged or actual exposures to lead in the Products manufactured, imported, distributed, or sold by Handmade Expressions CKK prior to the Effective Date. The Parties understand and agree that this Section 4.2 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 Handmade ExpressionsCKK. Nothing in this Section affects Xxxxxxxxx’s right to commence or prosecute an action under Proposition 65 against a Releasee Release that does not involve Handmade Expressions’ CKK’s Products.

Appears in 1 contract

Samples: Settlement Agreement

Kallander’s Individual Release of Claims. Xxxxxxxxx, in her individual capacity only and not in her representative capacity, provides a release herein which shall be effective as a full and final accord and satisfaction, as a bar to all actions, causes of action, obligations, costs, expenses, attorneys’ fees, damages, losses, claims, liabilities, and demands of Kallander of any nature, character, or kind, whether known or unknown, suspected or unsuspected, including but not limited to all failure to warn claims, arising out of alleged or actual exposures to lead in the Products manufactured, imported, distributed, or sold by Handmade Expressions Big Lots prior to the Effective Date. The Parties understand and agree that this Section 4.2 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 Handmade ExpressionsBig Lots. Nothing in this Section affects Xxxxxxxxx’s right to commence or prosecute an action under Proposition 65 against a Releasee that does not involve Handmade ExpressionsBig Lots’ Products.

Appears in 1 contract

Samples: Settlement Agreement

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Kallander’s Individual Release of Claims. Xxxxxxxxx, in her individual capacity only and not in her representative capacity, provides a release herein which shall be effective as a full and final accord and satisfaction, as a bar to all actions, causes of action, obligations, costs, expenses, attorneys’ fees, damages, losses, claims, liabilities, and demands of Kallander of any nature, character, or kind, whether known or unknown, suspected or unsuspected, including but not limited to all failure to warn claims, arising out of alleged or actual exposures to lead in the Products manufactured, imported, distributed, or sold by Handmade Expressions Dior prior to the Effective Date. The Parties understand and agree that this Section 4.2 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 Handmade ExpressionsDior. Nothing in this Section affects Xxxxxxxxx’s right to commence or prosecute an action under Proposition 65 against a Releasee that does not involve Handmade Expressions’ Dior’s Products.

Appears in 1 contract

Samples: Settlement Agreement

Kallander’s Individual Release of Claims. Xxxxxxxxx, in her individual capacity only and not in her representative capacity, provides a release herein which shall be effective as a full and final accord and satisfaction, as a bar to all actions, causes of action, obligations, costs, expenses, attorneys’ fees, damages, losses, claims, liabilities, and demands of Kallander of any nature, character, or kind, whether known or unknown, suspected or unsuspected, including but not limited to all failure to warn claims, arising out of alleged or actual exposures to lead in the Products manufactured, imported, distributed, or sold by Handmade Expressions North Wing Export prior to the Effective Date. The Parties understand and agree that this Section 4.2 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 Handmade ExpressionsNorth Wing Export. Nothing in this Section affects Xxxxxxxxx’s right to commence or prosecute an action under Proposition 65 against a Releasee that does not involve Handmade Expressions’ North Wing Export’s Products.

Appears in 1 contract

Samples: Settlement Agreement

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