Common use of Xxxxxxx’x Release of The Settling Entity Clause in Contracts

Xxxxxxx’x Release of The Settling Entity. This Settlement Agreement is a full, final and binding resolution between Xxxxxxx, as an individual (and not on behalf of the public yet furthers its health interest, unless it is judicially approved, in which case the release would be in furtherance of the public interest), and the Settling Entity, of any violation of Proposition 65 that was or could have been asserted by Xxxxxxx on behalf of himself, his past and current agents, representatives, attorneys, successors, and/or assignees, against the Settling Entity, Amazon and each of their past, current, and future direct and indirect parents, subsidiaries, affiliated entities under common ownership, predecessors, successors, directors, officers, managers, shareholders, members, employees, agents, assignees, and attorneys (releasees), based on their alleged or actual failure to warn about alleged exposures to lead contained in the Products that were sold and/or offered for sale in California by the Settling Entity through xxxxxx.xxx before the Effective Date, as alleged in the notice. In further consideration of the promises and agreements herein contained, Xxxxxxx 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 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 exclusively, investigation fees, expert fees, and attorneys’ fees arising under Proposition 65 with respect to lead in the Products, sold and/or offered for sale by the Settling Entity, before the Effective Date, against the Settling Entity and the releasees. The Parties further understand and agree that this subsection 4.1 release shall not extend upstream to any entities that manufactured the Products or any component parts thereof, or any distributors, importers or suppliers who sold the Products to the Settling Entity. Nothing in this subsection affects Xxxxxxx’x right to commence or prosecute an action under Proposition 65 against a releasee that does not involve the Products that were sold and/or offered for sale in California by the Settling Entity.

Xxxxxxx’x Release of The Settling Entity. This Settlement Agreement is a full, final and binding resolution between Xxxxxxx, as an individual (and not on behalf of the public yet furthers its health interest, unless it is judicially approved, in which case the release would be in furtherance of the public interest), and the Settling Entity, of any violation of Proposition 65 that was or could have been asserted by Xxxxxxx on behalf of himself, his past and current agents, representatives, attorneys, successors, and/or assignees, against the Settling Entity, Amazon and each of their past, current, and future direct and indirect parents, subsidiaries, affiliated entities under common ownership, predecessors, successors, directors, officers, managers, shareholders, members, employees, agents, assignees, and attorneys (releasees), based on their alleged or actual failure to warn about alleged exposures to lead contained in the Products that were sold and/or offered for sale in California by the Settling Entity through xxxxxx.xxx Xxxxxx.xxx before the Effective Date, as alleged in the notice. In further consideration of the promises and agreements herein contained, Xxxxxxx 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 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 exclusively, investigation fees, expert fees, and attorneys’ fees arising under Proposition 65 with respect to lead in the Products, sold and/or offered for sale by the Settling Entity, before the Effective Date, against the Settling Entity and the releasees. The Parties further understand and agree that this subsection 4.1 release shall not extend upstream to any entities that manufactured the Products or any component parts thereof, or any distributors, importers or suppliers who sold the Products to the Settling Entity. Nothing in this subsection affects Xxxxxxx’x right to commence or prosecute an action under Proposition 65 against a releasee that does not involve the Products that were sold and/or offered for sale in California branded by the Settling Entity.

Xxxxxxx’x Release of The Settling Entity. This Settlement Agreement is a full, final and binding resolution between Xxxxxxx, as an individual (and not on behalf of the public yet furthers its health interest, unless it is judicially approved, in which case the release would be in furtherance of the public interest), and the Settling Entity, of any violation of Proposition 65 that was or could have been asserted by Xxxxxxx on behalf of himself, his past and current agents, representatives, attorneys, successors, and/or assignees, against the Settling Entity, Amazon Entity and each of their past, current, and future direct and indirect its parents, subsidiaries, affiliated entities under common ownership, predecessors, successors, directors, officers, managersemployees, shareholdersattorneys, and each entity to whom the Settling Entity directly or indirectly distributes or sells the Products including, but not limited, to downstream distributors, wholesalers, Customers, online and brick & mortar retailers such as Walmart, franchisees, cooperative members, employees, agents, assignees, and attorneys licensees (releasees), based on their alleged or actual failure to warn about alleged exposures to lead contained in the Products that were sold and/or offered for sale in California by the Settling Entity through xxxxxx.xxx before the Effective Date, as alleged in the noticenotices. In further consideration of the promises and agreements herein contained, Xxxxxxx 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 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 exclusively, investigation fees, expert fees, and attorneys’ fees arising under Proposition 65 with respect to lead in the Products, sold and/or offered for sale by the Settling Entity, before the Effective Date, against the Settling Entity and the releasees. The Parties further understand and agree that this subsection 4.1 release shall not extend upstream to any entities that manufactured the Products or any component parts thereof, or any distributors, importers or suppliers who sold the Products to the Settling Entity. Nothing in this subsection affects Xxxxxxx’x right to commence or prosecute an action under Proposition 65 against a releasee that does not involve the Products that were sold and/or offered for sale in California branded by the Settling Entity.

Xxxxxxx’x Release of The Settling Entity. This Settlement Agreement is a full, final and binding resolution between Xxxxxxx, as an individual (and not on behalf of the public yet furthers its health interest, unless it is judicially approved, in which case the release would be in furtherance of the public interest), and the Settling Entity, of any violation of Proposition 65 that was or could have been asserted by Xxxxxxx on behalf of himself, his past and current agents, representatives, attorneys, successors, and/or assignees, against the Settling Entity, Amazon Xxxxxx.xxx, Inc., and each of their past, current, and future direct and indirect parents, subsidiaries, affiliated entities under common ownership, predecessors, successors, directors, officers, managersemployees, shareholdersattorneys, and each entity to whom the Settling Entity directly or indirectly distributes or sells the Product including, but not limited, to downstream distributors, wholesalers, customers, retailers, franchisees, cooperative members, employeesand licensees (collectively, agents, assignees, and attorneys (releaseesReleasees), based on their alleged or actual failure to warn about alleged exposures to lead contained in the Product and Related Products that were manufactured, distributed, sold and/or offered for sale in California by the Settling Entity through xxxxxx.xxx and its Releasees in California before the Effective Date, as alleged in the noticeNotices. In further consideration of the promises and agreements herein contained, Xxxxxxx 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 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 exclusively, investigation fees, expert fees, and attorneys’ fees arising under Proposition 65 with respect to lead in the Product or Related Products, as alleged in any sixty- day notices issued by Xxxxxxx, manufactured, distributed, sold and/or offered for sale by the Settling EntitySFTZ, before the Effective DateDate (collectively, Claims), against the Settling Entity SFTZ and the releaseesits Releasees. The Parties further understand and agree that this subsection 4.1 release shall not extend upstream to any entities that manufactured the Products Product or any component parts thereof, or any distributors, importers or suppliers who sold the Product or Related Products to the Settling Entity. Nothing in this subsection affects Xxxxxxx’x right to commence or prosecute an action under Proposition 65 against a releasee Releasee that does not involve the Product or Related Products that were sold and/or offered for sale in California branded by the Settling Entity.

Xxxxxxx’x Release of The Settling Entity. This Settlement Agreement is a full, final and binding resolution between Xxxxxxx, as an individual (and not on behalf of the public yet furthers its health interest, unless it is judicially approved, in which case the release would be in furtherance of the public interest), and the Settling Entity, of any violation of Proposition 65 that was or could have been asserted by Xxxxxxx on behalf of himself, his past and current agents, representatives, attorneys, successors, and/or assignees, against the Settling Entity, Amazon Xxxxxx.xxx, Inc., and each of their past, current, and future direct and indirect parents, subsidiaries, affiliated entities under common ownership, predecessors, successors, directors, officers, managersemployees, shareholdersattorneys, and each entity to whom the Settling Entity directly or indirectly distributes or sells the Product including, but not limited, to downstream distributors, wholesalers, customers, retailers, franchisees, cooperative members, employeesand licensees (collectively, agents, assignees, and attorneys (releaseesReleasees), based on their alleged or actual failure to warn about alleged exposures to lead contained in the Product and Related Products that were manufactured, distributed, sold and/or offered for sale in California by the Settling Entity through xxxxxx.xxx and its Releasees in California before the Effective Date, as alleged in the noticeNotices. In further consideration of the promises and agreements herein contained, Xxxxxxx 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 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 exclusively, investigation fees, expert fees, and attorneys’ fees arising under Proposition 65 with respect to lead in the Product or Related Products, as alleged in any sixty- day notices issued by Xxxxxxx, manufactured, distributed, sold and/or offered for sale by the Settling EntityJORCC, before the Effective DateDate (collectively, Claims), against the Settling Entity JORCC and the releaseesits Releasees. The Parties further understand and agree that this subsection 4.1 release shall not extend upstream to any entities that manufactured the Products Product or any component parts thereof, or any distributors, importers or suppliers who sold the Product or Related Products to the Settling Entity. Nothing in this subsection affects Xxxxxxx’x right to commence or prosecute an action under Proposition 65 against a releasee Releasee that does not involve the Product or Related Products that were sold and/or offered for sale in California branded by the Settling Entity.

Xxxxxxx’x Release of The Settling Entity. This Settlement Agreement is a full, final and binding resolution between Xxxxxxx, as an individual (and not on behalf of the public yet furthers its health interest, unless it is judicially approved, in which case the release would be in furtherance of the public interest), and the Settling Entity, of any violation of Proposition 65 that was or could have been asserted by Xxxxxxx on behalf of himself, his past and current agents, representatives, attorneys, successors, and/or assignees, against the Settling Entity, Amazon and each of their past, current, and future direct and indirect its parents, subsidiaries, affiliated entities under common ownership, predecessors, successors, directors, officers, managersemployees, shareholdersattorneys, and each entity to whom the Settling Entity directly or indirectly distribute or sell the Product including, but not limited to, customers, its retail outlets (brick and mortar as well as through the internet), franchisees, cooperative members, employeesand licensees (collectively, agents, assignees, and attorneys (releaseesReleasees), based on their alleged or actual failure to warn about alleged exposures to lead contained in the Products Product that were manufactured, distributed, sold and/or offered for sale in California by the Settling Entity through xxxxxx.xxx and its Releasees in California before the Effective DateFebruary 22, 2021, as alleged in the noticeNotice. In further consideration of the promises and agreements herein contained, Xxxxxxx 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 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 exclusively, investigation fees, expert fees, and attorneys’ fees arising under Proposition 65 with respect to lead in the ProductsProduct, as alleged in the Notice, manufactured, distributed, sold and/or offered for sale by the Settling EntityXxxxxx Creek, before the Effective DateFebruary 22, 2021 (collectively, Claims), against Xxxxxx Creek and its Releasees. Xxxxxx represents that it and other interested parties, separate and apart from the Settling Entity Notice and Settlement Agreement, have reached agreement to settle Proposition 65 claims regarding all brands of fishing weights that contain lead pursuant to various notices and a pending Amended Settlement Agreement and Consent Judgment in the releaseesaction entitled Xxx Xxxxx x. Xxxx’x Sporting Goods, Inc., et al., Alameda County Superior Court No. The Parties further understand HG19044772, as to which a motion for approval as a settlement in the public interest presently is scheduled to be heard on February 3, 2021 (the “Xxxxx Settlement”). Xxxxxx Creek’s position is that any Proposition 65 claims against Xxxxxx Creek and agree its Releases in the Xxxxx Settlement for failure to provide warnings regarding lead in fishing weights that this subsection 4.1 release shall not extend upstream to any entities that manufactured the Products have been produced, distributed or any component parts thereofsold, or any distributorsare otherwise in commerce as of February 3, importers or suppliers who sold 2021 that are not resolved by this Settlement Agreement are being fully resolved in the Products to the Settling Entity. Nothing in this subsection affects Xxxxxxx’x right to commence or prosecute an action under Proposition 65 against a releasee that does not involve the Products that were sold and/or offered for sale in California by the Settling EntityXxxxx Settlement.

Xxxxxxx’x Release of The Settling Entity. This Settlement Agreement is a full, final and binding resolution between Xxxxxxx, as an individual (and not on behalf of the public yet furthers its health interest, unless it is judicially approved, in which case the release would be in furtherance of the public interest), and the Settling Entity, of any violation of Proposition 65 that was or could have been asserted by Xxxxxxx on behalf of himself, his past and current agents, representatives, attorneys, successors, and/or assignees, against the Settling Entity, Amazon and each of their past, current, and future direct and indirect parents, subsidiaries, affiliated entities under common ownership, predecessors, successors, directors, officers, managers, shareholders, members, employees, agents, assignees, and attorneys (releasees), based on their alleged or actual failure to warn about alleged exposures to lead contained in the Products that were sold and/or offered for sale in California by the Settling Entity through xxxxxx.xxx before the Effective Date, as alleged in the notice. In further consideration of the promises and agreements herein contained, Xxxxxxx 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 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 exclusively, investigation fees, expert fees, and attorneys’ ' fees arising under Proposition 65 with respect to lead in the Products, sold and/or offered for sale by the Settling Entity, before the Effective Date, against the Settling Entity and the releasees. The Parties further understand and agree that this subsection 4.1 release shall not extend upstream to any entities that manufactured the Products or any component parts thereof, or any distributors, importers or suppliers who sold the Products to the Settling EntityEntity and each entity to whom the Settling Entity directly or indirectly distributes or sells the Products including, but not limited, to downstream distributors, wholesalers, customers, online and brick & mortar retailers, franchisees, cooperative members, and licensees, not including the releasees. Nothing in this subsection affects Xxxxxxx’x Xxxxxxx'x right to commence or prosecute an action under Proposition 65 against a releasee that does not involve the Products that were sold and/or offered for sale in California branded by the Settling Entity.

Xxxxxxx’x Release of The Settling Entity. This Settlement Agreement is a full, final and binding resolution between Xxxxxxx, as an individual (and not on behalf of the public yet furthers its health interest, unless it is judicially approved, in which case the release would be in furtherance of the public interest), and the Settling Entity, of any violation of Proposition 65 that was or could have been asserted by Xxxxxxx on behalf of himself, his past and current agents, representatives, attorneys, successors, and/or assignees, against the Settling Entity, Amazon and each of their past, current, and future direct and indirect its parents, subsidiaries, affiliated entities under common ownership, predecessors, successors, directors, officers, managersemployees, shareholdersattorneys, and each entity to whom the Settling Entity directly or indirectly distribute or sell the Product and Related Products including, but not limited, to downstream distributors, wholesalers, customers, retailers (such as Walmart, Inc.), franchisees, cooperative members, employeesand licensees (collectively, agents, assignees, and attorneys (releaseesReleasees), based on their alleged or actual failure to warn about alleged exposures to lead contained in the Product and Related Products that were was manufactured, distributed, sold and/or offered for sale in California by the Settling Entity through xxxxxx.xxx and its Releasees in California before the Effective Date, as alleged in the noticeNotice and as referenced in Paragraph 2.7. In further consideration of the promises and agreements herein contained, Xxxxxxx 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 his rights to institute or participate in, directly or indirectly, any form of legal action and releases all claims that he may have, 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 lead as alleged in the ProductsNotice, sold and/or offered for sale by the Settling Entity, Entity before the Effective Date, Date against the Settling Entity and the releaseesits Releasees. The Parties further understand and agree that this subsection 4.1 release shall not extend upstream to any entities that manufactured the Products Product or any component parts thereof, or any distributors, importers distributors or suppliers who sold the Products Product or any component parts thereof to the Settling Entity. Nothing in this subsection affects Xxxxxxx’x right to commence or prosecute an action under Proposition 65 against a releasee Releasee that does not involve the Products that were sold and/or offered for sale in California by the Settling EntityProduct.

Xxxxxxx’x Release of The Settling Entity. This Settlement Agreement is a full, final and binding resolution between Xxxxxxx, as an individual (and not on behalf of the public yet furthers its health interest, unless it is judicially approved, in which case the release would be in furtherance of the public interest), and the Settling Entity, of any violation of Proposition 65 that was or could have been asserted by Xxxxxxx on behalf of himself, his past and current agents, representatives, attorneys, successors, and/or assignees, against the Settling Entity, Amazon Xxxxxx.xxx, Inc., and each of their past, current, and future direct and indirect parents, subsidiaries, affiliated entities under common ownership, predecessors, successors, directors, officers, managersemployees, shareholdersattorneys, and each entity to whom the Settling Entity directly or indirectly distributes or sells the Products including, but not limited, to downstream distributors, wholesalers, customers, retailers, franchisees, cooperative members, employeesand licensees (collectively, agents, assignees, and attorneys (releaseesReleasees), based on their alleged or actual failure to warn about alleged exposures to lead contained in the Products and Related Products that were manufactured, distributed, sold and/or offered for sale in California by the Settling Entity through xxxxxx.xxx and its Releasees in California before the Effective Date, as alleged in the noticeNotices. In further consideration of the promises and agreements herein contained, Xxxxxxx 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 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 exclusively, investigation fees, expert fees, and attorneys’ fees arising under Proposition 65 with respect to lead in the Products or Related Products, as alleged in any sixty- day notices issued by Xxxxxxx, manufactured, distributed, sold and/or offered for sale by the Settling EntityWuhan Shan, before the Effective DateDate (collectively, Claims), against the Settling Entity Wuhan Shan and the releaseesits Releasees. The Parties further understand and agree that this subsection 4.1 release shall not extend upstream to any entities that manufactured the Products or any component parts thereof, or any distributors, importers or suppliers who sold the Products or Related Products to the Settling Entity. Nothing in this subsection affects Xxxxxxx’x right to commence or prosecute an action under Proposition 65 against a releasee Releasee that does not involve the Products that were sold and/or offered for sale in California or Related Products branded by the Settling Entity.

Xxxxxxx’x Release of The Settling Entity. This Settlement Agreement is a full, final and binding resolution between Xxxxxxx, as an individual (and not on behalf of the public yet furthers its health interest, unless it is judicially approved, in which case the release would be in furtherance of the public interest), and the Settling Entity, of any violation of Proposition 65 that was or could have been asserted by Xxxxxxx on behalf of himself, his past and current agents, representatives, attorneys, successors, and/or assignees, against the Settling Entity, Amazon Xxxxxx.xxx, Inc., and each of their past, current, and future direct and indirect parents, subsidiaries, affiliated entities under common ownership, predecessors, successors, directors, officers, managersemployees, shareholdersattorneys, and each entity to whom the Settling Entity directly or indirectly distributes or sells the Product including, but not limited, to downstream distributors, wholesalers, customers, retailers, franchisees, cooperative members, employeesand licensees (collectively, agents, assignees, and attorneys (releaseesReleasees), based on their alleged or actual failure to warn about alleged exposures to lead contained in the Product and Related Products that were manufactured, distributed, sold and/or offered for sale in California by the Settling Entity through xxxxxx.xxx and its Releasees in California before the Effective Date, as alleged in the noticeNotices. In further consideration of the promises and agreements herein contained, Xxxxxxx 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 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 exclusively, investigation fees, expert fees, and attorneys’ fees arising under Proposition 65 with respect to lead in the Product or Related Products, as alleged in any sixty- day notices issued by Xxxxxxx, manufactured, distributed, sold and/or offered for sale by the Settling EntityScotank, before the Effective DateDate (collectively, Claims), against Scotank and its Releasees. Xxxxxxx further agrees to notify Amazon of his release of the Settling Entity Entities and use reasonable effort to facilitate the releaseesreactivation of Xxxxxxx’s amazon store once Scotank has fulfilled its commitment under Section 3 above. The Parties further understand and agree that this subsection 4.1 release shall not extend upstream to any entities that manufactured the Products Product or any component parts thereof, or any distributors, importers or suppliers who sold the Product or Related Products to the Settling Entity. Nothing in this subsection affects Xxxxxxx’x right to commence or prosecute an action under Proposition 65 against a releasee Releasee that does not involve the Product or Related Products that were sold and/or offered for sale in California branded by the Settling Entity.