Xxxxx’x Release of Xxxxxx. Xxxxx, on its own behalf, and on behalf of its past and current agents, representatives, attorneys, successors, and assignees, hereby waives any and all claims against Xxxxxx and his attorneys and other representatives, for any and all actions taken or statements made by Xxxxxx and his attorneys and other representatives, whether in the course of investigating claims, seeking to enforce Proposition 65 against it in this matter, or with respect to the Products.
Xxxxx’x Release of Xxxxxx. This Settlement Agreement is a full, final, and binding resolution between Xxxxx and Xxxxxx of any violation of Proposition 65 that was or could have been asserted by Xxxxx on behalf of himself, his past and current agents, representatives, attorneys, successors and/or assignees, against Xxxxxx, its directors, officers, employees, attorneys, parent and corporate affiliates, and each entity to whom Xxxxxx directly or indirectly distributes or sells Products including, but not limited to, downstream distributors, wholesalers, customers, retailers (including, but not limited to Xx-Xxx Stores), franchisees, cooperative members and licensees (“Releasees”), based on the alleged or actual failure to warn about exposures to DEHP in the Products as they were manufactured or distributed before the Effective Date. This release is provided in Xxxxx’x individual capacity and is not a release on behalf of the public. In further consideration of and reliance on the representations and warranties provided by Xxxxxx in Section 2.3 above, Xxxxx on behalf of himself, his past and current agents, representatives, attorneys, successors and/or assignees, hereby waives all of his rights to institute or participate in, directly or indirectly, any form of legal action and releases all claims that he 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 limited to, investigation fees, expert fees and attorneys’ fees, with respect to Listed Chemicals in the Products as manufactured or distributed before the Effective Date. This release is also provided in Xxxxx’x individual capacity and is not a release on behalf of the public.
Xxxxx’x Release of Xxxxxx. 13 Busch waives any and all claims against Xxxxxx, his attorneys and other representatives, 14 for any and all actions taken or statements made (or those that could have been taken or made) by 15 Xxxxxx and his attorneys and other representatives, whether in the course of investigating claims 16 or otherwise seeking enforcement of Proposition 65 against it in this matter, and/or with respect to 17 the Products.
