Xxxxx’x Release of Xxxxxxx. Xxxxx, on behalf of itself, its past and current agents, representatives, attorneys, successors, and/or assignees, hereby waives any and all claims against Xxxxxxx and his attorneys and other representatives, for any and all actions taken or statements made (or those that could have been taken or made) by Xxxxxxx and his attorneys and other representatives, whether in the course of investigating claims, otherwise seeking to enforce Proposition 65 against it in this matter, or with respect to the Products.
Xxxxx’x Release of Xxxxxxx. This Settlement Agreement is a full, final and binding resolution between Xxxxx, as an individual and not on behalf of the public, and Xxxxxxx, 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 Xxxxxxx, its parents, subsidiaries, affiliated entities under common ownership, licensees and licensors, directors, officers, employees, attorneys, and each entity to whom Xxxxxxx directly or indirectly distributes or sells Products, including, but not limited, to downstream distributors, wholesalers, customers, retailers (included but not limited to Walmart Inc.), franchisees, cooperative members, and licensees (collectively, Releasees), based on their failure to warn about alleged exposures to DEHP contained in the Products and the Backpack that were manufactured, distributed, sold and/or offered for sale by Xxxxxxx in California before the Effective Date, as alleged in the Notice and the Supplemental Notice. In further consideration of the promises and agreements herein contained, Xxxxx as an individual and not on behalf of the public, on behalf of himself, his past and current agents, representatives, attorneys, successors, and/or assignees, hereby waives all of Xxxxx’x rights to institute or participate in, directly or indirectly, any form of legal action and releases all claims that Xxxxx 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 the Products and the Backpack, as alleged in the Notice and the Supplemental Notice, manufactured, distributed, sold and/or offered for sale by Xxxxxxx, before the Effective Date (collectively, Claims), against Xxxxxxx and Releasees. The Parties acknowledge that Xxxxxxx will report in January, 2019, by 1099 Form, the payments to Xxxx Xxxxx and The Chanler Group. The Parties further understand and agree that this Section 4.1 release shall not extend upstream to any entities that manufactured the Products, the Backpack or any component parts thereof, or any distributors or suppliers who sold the Products, the Backpack or any component parts thereof to Xxxxxxx. Nothing in this Section affects Xxxxx’x right to...
Xxxxx’x Release of Xxxxxxx. This Settlement Agreement is a full, final, and binding resolution between Xxxxx, in his individual capacity and not on behalf of the public, and Xxxxxxx, of any violation or alleged violation of Proposition 65 that was or could have been asserted by Xxxxx, on his own behalf, or on behalf of his past and current agents, principals, representatives, and assignees, against Swan-Son, Inc., Xxxxxxx or its parents, subsidiaries, affiliated entities under common ownership, directors, officers, employees, agents, principals, representatives, predecessors, successors, assignees (“Releasees”), and each downstream entity to whom Xxxxxxx directly or indirectly distributes, ships, or sells the Products or Additional Products. Such downstream entities include, without limitation, Xxxxxxx’x distributors, wholesalers, customers (including, but not limited to, Half Price Books, Records, Magazines, Incorporated), retailers, franchisees, cooperative members, and licensees, and their owners, directors, officers, employees, agents, principals, representatives, predecessors, successors, and assignees (collectively, “Downstream Releasees”), for any and all claims based on the alleged or actual failure to warn about exposures to Listed Phthalates and/or lead in Products or Additional Products manufactured, sold, or distributed for sale by Xxxxxxx before the Effective Date. Compliance with the terms of this Settlement Agreement constitutes compliance with Proposition 65 by Xxxxxxx with respect to the alleged or actual failure to warn about exposures to Listed Phthalates and/or lead from Products or Additional Product manufactured, imported, sold or distributed for sale by Xxxxxxx after the Effective Date. In further consideration of the promises and agreements herein contained, Xxxxx, in his individual capacity and not on behalf of the public, and on behalf of his past and current agents, principals, representatives, and assignees hereby waives any and all rights he may have to institute or participate in, directly or indirectly, any form of legal action, and releases all claims against Xxxxxxx Releasees, and Downstream Releasees, including, without limitation, all actions and causes of action, suits, liabilities, demands, obligations, damages, costs, fines, penalties, losses, expenses, investigation fees, expert fees, and attorneys’ fees arising under Proposition 65 with respect to the alleged or actual failure to warn about exposures to Listed Phthalates and/or lead in Products...
Xxxxx’x Release of Xxxxxxx. This Settlement Agreement is a full, final, and binding resolution between Xxxxx, in his individual capacity and not on behalf of the public, and Xxxxxxx of any violation of Proposition 65 that was or could have been asserted by Xxxxx, on behalf of himself, or on behalf of his past and current agents, representatives, attorneys, successors, and assignees, against Xxxxxxx, its successors, assignees, parents, subsidiaries, affiliated entities under common ownership, directors, officers, employees, attorneys, and each entity to whom Xxxxxxx directly or indirectly distributes or sells the Products, including, without
