Common use of Xxxxxxx’x Individual Release of Claims Clause in Contracts

Xxxxxxx’x Individual Release of Claims. Xxxxxxx, in his individual capacity only and not in his 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 Xxxxxxx 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 Illume 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 Illume. Nothing in this Section affects Xxxxxxx’x right to commence or prosecute an action under Proposition 65 against a Releasee that does not involve Illume’s Products.

Xxxxxxx’x Individual Release of Claims. Xxxxxxx, in his individual capacity only and not in his 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 Xxxxxxx 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 Illume Xx-Xxx 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 IllumeXx-Xxx. Nothing in this Section affects Xxxxxxx’x right to commence or prosecute an action under Proposition 65 against a Releasee that does not involve IllumeXx-Xxx’s Products.

Xxxxxxx’x Individual Release of Claims. Xxxxxxx, in his individual capacity only and not in his 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 Xxxxxxx 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 DEHP in the Products manufactured, imported, distributed, or sold by Illume Rapid Care 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 IllumeRapid Care. Nothing in this Section affects Xxxxxxx’x right to commence or prosecute an action under Proposition 65 against a Releasee that does not involve IllumeRapid Care’s Products.

Xxxxxxx’x Individual Release of Claims. Xxxxxxx, in his individual capacity only and not in his 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 Xxxxxxx 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 Illume Eccolo 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 IllumeEccolo. Nothing in this Section affects Xxxxxxx’x right to commence or prosecute an action under Proposition 65 against a Releasee that does not involve IllumeXxxxxx’s Products.

Xxxxxxx’x Individual Release of Claims. Xxxxxxx, in his individual capacity only and not in his 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 Xxxxxxx 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 Proposition 65-listed chemicals in the Products manufactured, imported, distributed, or sold by Illume Xxxxxx 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 IllumeXxxxxx. Nothing in this Section affects Xxxxxxx’x right to commence or prosecute an action under Proposition 65 against a Releasee that does not involve Illume’s Xxxxxx’x Products.

Xxxxxxx’x Individual Release of Claims. Xxxxxxx, in his individual capacity only and not in his 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 Xxxxxxx 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 Illume Orly or through any of the retailers identified herein 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 IllumeOrly. Nothing in this Section affects Xxxxxxx’x right to commence or prosecute an action under Proposition 65 against a Releasee that does not involve IllumeOrly’s Products.

Xxxxxxx’x Individual Release of Claims. Xxxxxxx, in his individual capacity only and not in his 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 Xxxxxxx of any nature, character, or kind, whether known or unknown, suspected or unsuspected, including but not limited to all failure to warn claims, arising xxxxxxx out of alleged or actual exposures to lead in the Products manufactured, imported, distributed, or sold by Illume Hot Focus 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 IllumeHot Focus. Nothing in this Section affects Xxxxxxx’x right to commence or prosecute an action under Proposition 65 against a Releasee that does not involve Illume’s Hot Focus’ Products.

Xxxxxxx’x Individual Release of Claims. Xxxxxxx, in his individual capacity only and not in his 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 Xxxxxxx 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 Illume Xxxxx Xxxxxx 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 IllumeXxxxx Xxxxxx. Nothing in this Section affects Xxxxxxx’x right to commence or prosecute an action under Proposition 65 against a Releasee that does not involve Illume’s Xxxxx Xxxxxx’ Products.

Xxxxxxx’x Individual Release of Claims. Xxxxxxx, in his individual capacity only and not in his 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 Xxxxxxx 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 Illume Euromarket 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 IllumeEuromarket. Nothing in this Section affects Xxxxxxx’x right to commence or prosecute an action under Proposition 65 against a Releasee that does not involve IllumeEuromarket’s Products.

Xxxxxxx’x Individual Release of Claims. Xxxxxxx, in his individual capacity only and not in his 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 Xxxxxxx 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 Illume Grupo Ruz 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 IllumeGrupo Ruz. Nothing in this Section affects Xxxxxxx’x right to commence or prosecute an action under Proposition 65 against a Releasee that does not involve IllumeGrupo Ruz’s Productsproducts.

Xxxxxxx’x Individual Release of Claims. Xxxxxxx, in his individual capacity only and not in his 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 Xxxxxxx Xxxxxxx, 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 Illume BWTC directly or through other Releasees 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 IllumeBWTC. Nothing in this Section affects Xxxxxxx’x right to commence or prosecute an action under Proposition 65 against a Releasee that does not involve IllumeBWTC’s Products.