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 lead in the Products manufactured, imported, distributed, or sold by Galison 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 Galison. Nothing in this Section affects Xxxxxxx’x right to commence or prosecute an action under Proposition 65 against a Releasee that does not involve Xxxxxxx’x Products.

Appears in 1 contract

Samples: Settlement Agreement

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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 lead in the Products manufactured, imported, distributed, or sold by Galison Brumis 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 GalisonBrumis. Nothing in this Section affects Xxxxxxx’x right to commence or prosecute an action under Proposition 65 against a Releasee that does not involve Xxxxxxx’x Brumis’ Products.

Appears in 1 contract

Samples: Settlement Agreement

Xxxxxxx’x Individual Release of Claims. Xxxxxxx 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 lead DEHP in the Products manufactured, imported, distributed, or sold by Galison Eccolo 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 GalisonEccolo. Nothing in this Section affects Xxxxxxx’x right to commence or prosecute an action under Proposition 65 against a Releasee that does not involve Xxxxxxx’x Eccolo’s Products.

Appears in 1 contract

Samples: Settlement Agreement

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 lead in the Products manufactured, imported, distributed, or sold by Galison Enesco 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 GalisonEnesco. Nothing in this Section affects Xxxxxxx’x right to commence or prosecute an action under Proposition 65 against a Releasee that does not involve Xxxxxxx’x Xxxxxx’s Products.

Appears in 1 contract

Samples: Settlement Agreement

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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 lead in the Products manufactured, imported, distributed, or sold by Galison BWTC 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 GalisonBWTC. Nothing in this Section affects Xxxxxxx’x right to commence or prosecute an action under Proposition 65 against a Releasee that does not involve Xxxxxxx’x BWTC’s Products.

Appears in 1 contract

Samples: Settlement Agreement

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