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

Kallander’s Individual Release of Claims. 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, limited to and arising out of alleged or actual exposures to lead in the Products manufactured, imported, distributed, or sold by BWTC 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 BWTC. Nothing in this Section affects Xxxxxxxxx’s right to commence or prosecute an action under Proposition 65 against a Releasee that does not involve BWTC’s Products.

Appears in 2 contracts

Samples: Settlement Agreement, Settlement Agreement

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Kallander’s Individual Release of Claims. 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, limited to and arising out of alleged or actual exposures to lead in the Products manufactured, imported, distributed, or sold by BWTC Xxx Xxx 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 BWTCXxx Xxx. Nothing in this Section affects Xxxxxxxxx’s right to commence or prosecute an action under Proposition 65 against a Releasee that does not involve BWTC’s Xxx Xxx’x Products.

Appears in 1 contract

Samples: Settlement Agreement

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Kallander’s Individual Release of Claims. 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, limited to and arising out of alleged or actual exposures to lead DEHP in the Products manufactured, imported, distributed, or sold by BWTC In Mocean 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 BWTCIn Mocean. Nothing in this Section affects Xxxxxxxxx’s right to commence or prosecute an action under Proposition 65 against a Releasee that does not involve BWTCIn Mocean’s Products.

Appears in 1 contract

Samples: Settlement Agreement

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