KASB’s Release of Quality Clever Sample Clauses

KASB’s Release of Quality Clever. This Agreement is a full, final and binding resolution between KASB, as an individual and not on behalf of the public, and Quality Clever, of any violation of Proposition 65 that was or could have been asserted by KASB on its own behalf or on behalf of its past and current agents, representatives, attorneys, successors, and/or assignees, against Quality Clever, Xxxxxx.xxx, Inc., and their respective past and present members, directors, officers, employees, attorneys, and each entity to whom Quality Clever directly or indirectly distributes or sells the Products including, but not limited to, Quality Clever’s downstream distributors, wholesalers, customers, retailers, franchisees, cooperative members, and licensees (collectively, “Releasees”), based on the alleged or actual failure to warn under Proposition 65 about exposures to DEHP in the Products manufactured, distributed, sold and/or offered for sale by Quality Clever in California before the Effective Date, as alleged in the Notice. In further consideration of the promises and agreements herein contained, KASB as an individual nonprofit organization and not on behalf of the public, on its own behalf and on behalf of its 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 KASB may have, including, without limitation, all actions, and causes of action, in law or in equity, suits, liabilities, demands, obligations, damages, costs, fines, penalties, losses, or expenses including, but not exclusively, investigation fees, expert fees, and attorneys’ fees arising under Proposition 65 with respect to DEHP in Products as specifically defined by Section 1.2 manufactured, distributed, sold and/or offered for sale by Quality Clever, before the Effective Date (collectively, “Claims”), against Quality Clever and Releasees. The Parties further understand and agree that this Section 4.1 release shall not extend upstream to any entity that manufactured the Products or any component parts thereof, or any distributor or supplier who sold the Products or any component parts thereof to Quality Clever. Nor shall this release extend downstream to any entity or individual directed to provide a consumer health hazard warning by Quality Clever pursuant to Section 2.5, above, and who fails to do so. Nothing in this Section affects KASB’s right to commence or prosecu...
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Related to KASB’s Release of Quality Clever

  • NOW, THEREFORE the parties hereto agree as follows:

  • WHEREAS the Company desires the Warrant Agent to act on behalf of the Company, and the Warrant Agent is willing to so act, in connection with the issuance, registration, transfer, exchange, redemption and exercise of the Warrants; and

  • IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the day and year first above written.

  • Definitions For purposes of this Agreement:

  • General The Trustee shall keep proper books of record and account of all the transactions of each Trust under this Indenture at its corporate trust office, including a record of the name and address of, and the Units issued by each Trust and held by, every Unit holder, and such books and records of each Trust shall be open to inspection by any Unit holder of such Trust at all reasonable times during the usual business hours. The Trustee shall make such annual or other reports as may from time to time be required under any applicable state or federal statute or rule or regulations thereunder.

  • Severability Any provision of this Agreement that is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof, and any such prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction.

  • Miscellaneous The Vendor acknowledges and agrees that continued participation in TIPS is subject to TIPS sole discretion and that any Vendor may be removed from the participation in the Program at any time with or without cause. Nothing in the Agreement or in any other communication between TIPS and the Vendor may be construed as a guarantee that TIPS or TIPS Members will submit any orders at any time. TIPS reserves the right to request additional proposals for items or services already on Agreement at any time.

  • Notices Any notice, request or other document required or permitted to be given or delivered to the Holder by the Company shall be delivered in accordance with the notice provisions of the Purchase Agreement.

  • Entire Agreement This Agreement constitutes the entire agreement between the parties hereto with respect to the subject matter contained in this Agreement and supersedes all prior agreements, understandings and negotiations between the parties.

  • Confidentiality (a) Subject to Section 7.15(c), during the Term and for a period of three

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