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, limited to and arising out of alleged or actual exposures to DINP and Lead in the Products manufactured, imported, distributed, or sold by Therapy prior to the Effective Date. Xxxxxxx acknowledges that he is familiar with Section 1542 of the California Civil Code, which provides as follows: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY. Xxxxxxx, as an individual and not on behalf of the public, expressly waives and relinquishes any and all rights and benefits which he may have under, or which may be conferred on him by the provisions of Section 1542 of the California Civil Code as well as under any other state or federal statute or common law principle of similar effect, to the fullest extent that he may lawfully waive such rights or benefits pertaining to Lead and DINP in Products manufactured, imported, distributed or sold by Therapy before 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 Therapy.

Xxxxxxx’x Individual Release of Claims. Xxxxxxx, Xxxxxxx in his individual capacity only and not in his representative capacity, provides a release herein which to Releasees that 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, limited to all failure to warn claims and arising out of alleged or actual exposures to DINP and Lead any chemicals listed under Proposition 65 including without limitation lead in the Products manufactured, imported, distributed, or sold by Therapy PMI prior to the Effective Date. In this regard, Xxxxxxx hereby acknowledges that he is familiar with and hereby waives Section 1542 of the California Civil Code, which provides as follows: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY. Xxxxxxx, as an individual and not on behalf of the public, expressly waives and relinquishes any and all rights and benefits which he may have under, or which may be conferred on him by the provisions of Section 1542 of the California Civil Code as well as under any other state or federal statute or common law principle of similar effect, to the fullest extent that he may lawfully waive such rights or benefits pertaining to Lead and DINP in Products manufactured, imported, distributed or sold by Therapy before 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 TherapyPMI. Nothing in this Section affects Xxxxxxx’x right to commence or prosecute an action under Proposition 65 against a Releasee that does not involve PMI’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 and arising all failure to warn claims, xxxxxxx out of alleged or actual exposures to DINP and Lead lead in the Products manufactured, imported, distributed, or sold by Therapy Upper Canada 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 Upper Canada. Nothing in this Section affects Xxxxxxx’x right to commence or prosecute an action under Proposition 65 against a Releasee that does not involve Upper Canada’s Products. Xxxxxxx acknowledges that he is familiar with Section 1542 of the claims released in Sections 4.1 and 4.2, above, may include unknown claims, and nevertheless waive California Civil Code, which provides Code § 1542 as to any such unknown claims. California Civil Code § 1542 reads as follows: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY. Xxxxxxx, as an individual Xxxxxxx acknowledges and not on behalf understand the significance and consequences of the public, expressly waives and relinquishes any and all rights and benefits which he may have under, or which may be conferred on him by the provisions this specific waiver of Section 1542 of the California Civil Code as well as under any other state or federal statute or common law principle of similar effect, to the fullest extent that he may lawfully waive such rights or benefits pertaining to Lead and DINP in Products manufactured, imported, distributed or sold by Therapy before 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 Therapy§ 1542.

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, limited to failure to warn claims under Proposition 65, and arising out of alleged or actual exposures to DINP and Lead DEHP in the Products manufactured, imported, distributed, or sold by Therapy Staples prior to the Effective Date. The Parties further understand and agree that this Section 4.2 release shall extend to all Releasees identified in Section 4.1. 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 Staples, other than Prime Brands Group and its parents, subsidiaries, affiliated entities under common ownership, directors, officers, agents, employees, and attorneys. Nothing in this Section affects Xxxxxxx’x right to commence or prosecute an action under Proposition 65 against a Releasee that does not involve Staples’ Products. Xxxxxxx acknowledges that he is familiar with Section 1542 of the California Civil Code, which provides as follows: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY. Xxxxxxx, as an individual and not on behalf of the public, Xxxxxxx expressly waives and relinquishes any and all rights and benefits which he may have under, or which may be conferred on him by the provisions of Section 1542 of the California Civil Code Code, as well as under any other state State or federal statute or common law principle of similar effect, to the fullest extent that he may lawfully waive such rights or benefits pertaining to Lead and DINP in Products manufactured, imported, distributed or sold by Therapy before 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 Therapybenefits.

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, fines, penalties, losses, claims, liabilities, and demands of Xxxxxxx of any nature, character, or kind, whether known or unknown, suspected or unsuspected, limited to and arising out of alleged or actual exposures to DINP and Lead any chemicals listed under Proposition 65 (including without limitation DEHP) in the Products manufactured, imported, distributed, or sold by Therapy Ponte Vedra prior to the Effective Date. In this regard, Xxxxxxx hereby acknowledges that he is familiar with and hereby waives Section 1542 of the California Civil Code, which provides as follows: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY. Xxxxxxx, as an individual and not on behalf of the public, expressly waives and relinquishes any and all rights and benefits which he may have under, or which may be conferred on him by the provisions of Section 1542 of the California Civil Code as well as under any other state or federal statute or common law principle of similar effect, to the fullest extent that he may lawfully waive such rights or benefits pertaining to Lead and DINP in Products manufactured, imported, distributed or sold by Therapy before 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 TherapyPonte Vedra. Nothing in this Section affects Xxxxxxx’x right to commence or prosecute an action under Proposition 65 against a Releasee that does not involve Ponte Vedra’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, limited to and arising out of alleged or actual exposures to DINP and Lead lead in the Products manufactured, imported, distributed, or sold by Therapy Xxxxxxxxx China prior to the Effective Date. Xxxxxxx acknowledges that he is familiar with Section 1542 of the California Civil Code, which provides as follows: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY. Xxxxxxx, as an individual and not on behalf of the public, expressly waives and relinquishes any and all rights and benefits which he may have under, or which may be conferred on him by the provisions of Section 1542 of the California Civil Code as well as under any other state or federal statute or common law principle of similar effect, to the fullest extent that he may lawfully waive such rights or benefits pertaining to Lead and DINP in Products manufactured, imported, distributed or sold by Therapy before 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 TherapyXxxxxxxxx China. Nothing in this Section affects Xxxxxxx’x right to commence or prosecute an action under Proposition 65 against a Releasee that does not involve Xxxxxxxxx China’s Products. Plaintiff acknowledges that the claims released may include unknown claims, and nevertheless intend to release such claims, and in doing so waives California Civil Code § 1542 which reads as follows: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. Plaintiff understands and acknowledges that the significance and consequence of this waiver of California Civil Code § 1542 is that even if Plaintiff suffers future damages arising out of or resulting from, or related directly or indirectly to, in whole or in part, the Covered Products, including but not limited to any exposure to, or failure to warn with respect to exposure to, the Covered Products, Plaintiff will not be able to make any claim for those damages against any of the Released Parties.