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 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 Xxxxxxxxx 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 Xxxxxxxxx Rye’s Products.

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 Xxxxxxxxx Rye 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 Xxxxxxxxx RyeCKK. 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 Xxxxxxxxx RyeCKK’s Products.

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 Xxxxxxxxx Rye 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 Xxxxxxxxx RyeXR. Nothing in this Section affects Xxxxxxxxx’s right to commence or prosecute an action under Proposition 65 against a Releasee that does not involve Xxxxxxxxx RyeXR’s Products.

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 Xxxxxxxxx Rye 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 Xxxxxxxxx RyeNorth 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 Xxxxxxxxx RyeNorth Wing Export’s Products.

Kallander’s Individual Release of Claims. XxxxxxxxxKallander, 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 Xxxxxxxxx of any nature, character, or kind, whether known or unknown, suspected or unsuspected, including but not limited to all failure to warn claims, and arising out of alleged or actual exposures to lead in the Products manufactured, imported, distributed, or sold by Xxxxxxxxx Rye Big Lots prior to the Effective Date. The Parties further 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 Xxxxxxxxx RyeBig 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 Xxxxxxxxx Rye’s Big Lots’ Products.

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 Xxxxxxxxx Rye 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 Xxxxxxxxx RyeDior. Nothing in this Section affects Xxxxxxxxx’s right to commence or prosecute an action under Proposition 65 against a Releasee that does not involve Xxxxxxxxx RyeDior’s Products.

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 Xxxxxxxxx Rye 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 Xxxxxxxxx RyeBig 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 Xxxxxxxxx Rye’s Big Lots’ Products.

Kallander’s Individual Release of Claims. Xxxxxxxxx, Kallander 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, and arising out of alleged or actual exposures to lead in the Products manufactured, imported, distributed, or sold by Xxxxxxxxx Rye Big Lots Stores prior to the Effective Date. The Parties further 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 Xxxxxxxxx RyeBig Lots Stores. Nothing in this Section affects Xxxxxxxxx’s right to commence or prosecute an action under Proposition 65 against a Releasee that does not involve Xxxxxxxxx Rye’s Big Lots Stores’ Products.

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 Xxxxxxxxx Rye 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 Xxxxxxxxx RyeHandmade 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 Xxxxxxxxx Rye’s Handmade Expressions’ Products.