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), 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, its parents, subsidiaries, affiliated entities under common ownership, directors, officers, employees, attorneys, and each entity to whom the Settling Entity directly or indirectly distribute or sell the Product including, but not limited, to downstream distributors, wholesalers, customers, retailers (such as Dick’s Sporting Goods, Inc.), franchisees, cooperative members, and licensees (collectively, Releasees), based on their failure to warn about alleged exposures to lead contained in the Product that were manufactured, distributed, sold and/or offered for sale by the Settling Entity and its Releasees in California before March 31, 2021, 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 Product, as alleged in the Notice, manufactured, distributed, sold and/or offered for sale by Folsom & Bimini, before March 31, 2021 (collectively, Claims), against Folsom & Bimini and its Releasees. The Parties further understand and agree that this subsection 4.1 release shall not extend upstream to any entities that manufactured the Product or any component parts thereof, or any distributors or suppliers who sold the Product or any component parts thereof to the Settling Entity. Additionally, 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 Product or Related Products.

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), 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, its Amazon and each of their parents, subsidiaries, affiliated entities under common ownership, directors, officers, employees, attorneys, and each entity to whom the Settling Entity directly or indirectly distribute distributes or sell sells the Product Products including, but not limited, to downstream distributors, wholesalers, customers, retailers (such as Dick’s Sporting Goodsonline and brick & mortar retailers, Inc.)marketplace hosts, franchisees, cooperative members, and licensees (collectively, Releaseesreleasees), based on their failure to warn about alleged exposures to lead contained in the Product Products that were manufactured, distributed, sold and/or offered for sale by the Settling Entity and its Releasees in California before March 31, 2021the Effective Date, 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 Product, as alleged in the Notice, manufactured, distributedProducts, sold and/or offered for sale by Folsom & Biminithe Settling Entity, before March 31, 2021 (collectively, Claims)the Effective Date, against Folsom & Bimini the Settling Entity and its Releaseesthe releasees. The Parties agree that compliance with Section 2 of this Agreement shall be deemed compliance with Proposition 65 as to any actual or alleged exposures to lead from the Products. The Parties further understand and agree that this subsection 4.1 release shall not extend upstream to any entities that manufactured the Product Products or any component parts thereof, or any distributors distributors, importers or suppliers who sold the Product or any component parts thereof Products to the Settling Entity. Additionally, nothing 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 ProductsProducts 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), 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, its Xxxxxx.xxx, Inc., and each of their parents, subsidiaries, affiliated entities under common ownershipownership (including, but not limited to, PLUSINNO and Plus Innovations Co., Ltd.), directors, officers, employees, attorneys, and each entity to whom the Settling Entity directly or indirectly distribute distributes or sell sells the Product including, but not limited, to downstream distributors, wholesalers, customers, retailers (such as Dick’s Sporting Goods, Inc.)retailers, franchisees, cooperative members, and licensees (collectively, Releasees), based on their 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 by the Settling Entity and its Releasees in California before March 31, 2021the 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 ProductProduct or Related Products, as alleged in the Noticeany sixty- day notices issued by Xxxxxxx, manufactured, distributed, sold and/or offered for sale by Folsom & BiminiShenzhen, before March 31, 2021 the Effective Date (collectively, Claims), against Folsom & Bimini Shenzhen and its Releasees. The Parties further understand and agree that this subsection 4.1 release shall not extend upstream to any entities that manufactured the Product or any component parts thereof, or any distributors distributors, importers or suppliers who sold the Product or any component parts thereof Related Products to the Settling Entity. Additionally, nothing 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 Product or Related ProductsProducts 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), 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, its Xxxxxx.xxx, Inc., and each of their parents, subsidiaries, affiliated entities under common ownership, directors, officers, employees, attorneys, and each entity to whom the Settling Entity directly or indirectly distribute distributes or sell sells the Product including, but not limited, to downstream distributors, wholesalers, customers, retailers (such as Dick’s Sporting Goodsincluding Xxxxxx.xxx, Inc.), franchisees, cooperative members, and licensees (collectively, Releasees), based on their 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 by the Settling Entity and its Releasees in California before March 31, 2021the 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 ProductProduct or Related Products, as alleged in the Noticeany sixty- day notices issued by Xxxxxxx, manufactured, distributed, sold and/or offered for sale by Folsom & BiminiXinkangde, before March 31, 2021 the Effective Date (collectively, Claims), against Folsom & Bimini Xxxxxxxxx and its Releasees. The Parties further understand and agree that this subsection 4.1 release shall not extend upstream to any entities that manufactured the Product or any component parts thereof, or any distributors distributors, importers or suppliers who sold the Product or any component parts thereof Related Products to the Settling Entity. Additionally, nothing 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 Product or Related ProductsProducts 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), 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, Entity and each of its parents, subsidiaries, affiliated entities under common ownership, directors, officers, employees, attorneys, and each entity to whom the Settling Entity directly or indirectly distribute distributes or sell sells the Product Products including, but not limited, to downstream distributors, wholesalers, customersCustomers, online and brick & mortar retailers (such as Dick’s Sporting Goods, Inc.)Walmart, franchisees, cooperative members, and licensees (collectively, Releaseesreleasees), based on their failure to warn about alleged exposures to lead contained in the Product Products that were manufactured, distributed, sold and/or offered for sale by the Settling Entity and its Releasees in California before March 31, 2021the Effective Date, 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 Product, as alleged in the Notice, manufactured, distributedProducts, sold and/or offered for sale by Folsom & Biminithe Settling Entity, before March 31, 2021 (collectively, Claims)the Effective Date, against Folsom & Bimini the Settling Entity and its Releaseesthe releasees. The Parties further understand and agree that this subsection 4.1 release shall not extend upstream to any entities that manufactured the Product Products or any component parts thereof, or any distributors distributors, importers or suppliers who sold the Product or any component parts thereof Products to the Settling Entity. Additionally, nothing 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 ProductsProducts sold 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), 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, Entity and each of its parents, subsidiaries, affiliated entities under common ownership, directors, officers, employees, attorneys, and each entity to whom the Settling Entity directly or indirectly distribute distributes or sell sells the Product Products including, but not limited, to downstream distributors, wholesalers, customers, online and brick & mortar retailers (such as Dick’s Sporting Goods, Inc.)Walmart, franchisees, cooperative members, and licensees (collectively, Releaseesreleasees), based on their failure to warn about alleged exposures to lead contained in the Product Products that were manufactured, distributed, sold and/or offered for sale by the Settling Entity and its Releasees in California before March 31, 2021the Effective Date, 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 Product, as alleged in the Notice, manufactured, distributedProducts, sold and/or offered for sale by Folsom & Biminithe Settling Entity, before March 31, 2021 (collectively, Claims)the Effective Date, against Folsom & Bimini the Settling Entity and its Releaseesthe releasees. The Parties further understand and agree that this subsection 4.1 release shall not extend upstream to any entities that manufactured the Product Products or any component parts thereof, or any distributors distributors, importers or suppliers who sold the Product or any component parts thereof Products to the Settling Entity. Additionally, nothing 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 ProductsProducts 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), 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, its Xxxxxx.xxx, Inc., and each of their parents, subsidiaries, affiliated entities under common ownership, directors, officers, employees, attorneys, and each entity to whom the Settling Entity directly or indirectly distribute distributes or sell sells the Product including, but not limited, to downstream distributors, wholesalers, customers, retailers (such as Dick’s Sporting Goodsincluding Xxxxxx.xxx, Inc.), franchisees, cooperative members, and licensees (collectively, Releasees), based on their 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 by the Settling Entity and its Releasees in California before March 31, 2021the 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 ProductProduct or Related Products, as alleged in the Noticeany sixty- day notices issued by Xxxxxxx, manufactured, distributed, sold and/or offered for sale by Folsom & BiminiSwpeet, before March 31, 2021 the Effective Date (collectively, Claims), against Folsom & Bimini Swpeet and its Releasees. The Parties further understand and agree that this subsection 4.1 release shall not extend upstream to any entities that manufactured the Product or any component parts thereof, or any distributors distributors, importers or suppliers who sold the Product or any component parts thereof Related Products to the Settling Entity. Additionally, nothing 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 Product or Related ProductsProducts 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, its Xxxxxx.xxx, Inc., Xxxx Xx 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, attorneysagents, assignees, and each entity to whom the Settling Entity directly or indirectly distribute or sell the Product including, but not limited, to downstream distributors, wholesalers, customers, retailers attorneys (such as Dick’s Sporting Goods, Inc.), franchisees, cooperative members, and licensees (collectively, Releaseesreleasees), based on their alleged or actual failure to warn about alleged exposures to lead contained in the Product Products that were manufactured, distributed, sold and/or offered for sale in California by the Settling Entity and its Releasees in California or Jing Su through xxxxxx.xxx before March 31, 2021the Effective Date, 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 Product, as alleged in the Notice, manufactured, distributedProducts, sold and/or offered for sale by Folsom & Biminithe Settling Entity or Xxxx Xx, before March 31, 2021 (collectively, Claims)the Effective Date, against Folsom & Bimini the Settling Entity and its Releaseesthe releasees. The Parties further understand and agree that this subsection 4.1 release shall not extend upstream to any entities that manufactured the Product Products or any component parts thereof, or any distributors distributors, importers or suppliers who sold the Product or any component parts thereof Products to the Settling Entity, except for Jing Su. Additionally, nothing 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 Products that were sold and/or offered for sale in California by the Settling Entity or Related ProductsJing Su.

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), 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, its Xxxxxx.xxx, Inc., and each of their parents, subsidiaries, affiliated entities under common ownership, directors, officers, employees, attorneys, and each entity to whom the Settling Entity directly or indirectly distribute distributes or sell sells the Product including, but not limited, to downstream distributors, wholesalers, customers, retailers (such as Dick’s Sporting Goodsincluding Xxxxxx.xxx, Inc.), franchisees, cooperative members, and licensees (collectively, Releasees), based on their 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 by the Settling Entity and its Releasees in California before March 31, 2021the 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 ProductProduct or Related Products, as alleged in the Noticeany sixty- day notices issued by Xxxxxxx, manufactured, distributed, sold and/or offered for sale by Folsom & BiminiFang Li, before March 31, 2021 the Effective Date (collectively, Claims), against Folsom & Bimini Fang Li and its Releasees. The Parties further understand and agree that this subsection 4.1 release shall not extend upstream to any entities that manufactured the Product or any component parts thereof, or any distributors distributors, importers or suppliers who sold the Product or any component parts thereof Related Products to the Settling Entity. Additionally, nothing 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 Product or Related ProductsProducts 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), 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, its parents, subsidiaries, affiliated entities under common ownership, directors, officers, employees, attorneys, 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 Dick’s Sporting GoodsWalmart, Inc.), franchisees, cooperative members, and licensees (collectively, Releasees), based on their 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 by the Settling Entity and its Releasees in California before March 31, 2021the 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 in the Product, as alleged in the Notice, manufactured, distributed, sold and/or offered for sale by Folsom & Bimini, the Settling Entity before March 31, 2021 (collectively, Claims), the Effective Date against Folsom & Bimini the Settling Entity and its Releasees. The Parties further understand and agree that this subsection 4.1 release shall not extend upstream to any entities that manufactured the Product or any component parts thereof, or any distributors or suppliers who sold the Product or any component parts thereof to the Settling Entity. Additionally, nothing 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 Product or Related ProductsProduct.

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), 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, its Xxxxxx.xxx, Inc., and each of their parents, subsidiaries, affiliated entities under common ownership, directors, officers, employees, attorneys, and each entity to whom the Settling Entity directly or indirectly distribute distributes or sell sells the Product Products including, but not limited, to downstream distributors, wholesalers, customers, retailers (such as Dick’s Sporting Goods, Inc.)retailers, franchisees, cooperative members, and licensees (collectively, Releasees), based on their failure to warn about alleged exposures to lead contained in the Product Products and Related Products that were manufactured, distributed, sold and/or offered for sale by the Settling Entity and its Releasees in California before March 31, 2021the 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 ProductProducts or Related Products, as alleged in the Noticeany sixty- day notices issued by Xxxxxxx, manufactured, distributed, sold and/or offered for sale by Folsom & BiminiWuhan Shan, before March 31, 2021 the Effective Date (collectively, Claims), against Folsom & Bimini Wuhan Shan and its Releasees. The Parties further understand and agree that this subsection 4.1 release shall not extend upstream to any entities that manufactured the Product Products or any component parts thereof, or any distributors distributors, importers or suppliers who sold the Product Products or any component parts thereof Related Products to the Settling Entity. Additionally, nothing 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 Product Products or Related ProductsProducts 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), 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, its Xxxxxx.xxx, Inc., and each of their parents, subsidiaries, affiliated entities under common ownership, directors, officers, employees, attorneys, and each entity to whom the Settling Entity directly or indirectly distribute distributes or sell sells the Product including, but not limited, to downstream distributors, wholesalers, customers, retailers (such as Dick’s Sporting Goods, Inc.)retailers, franchisees, cooperative members, and licensees (collectively, Releasees), based on their 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 by the Settling Entity and its Releasees in California before March 31, 2021the 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 ProductProduct or Related Products, as alleged in the Noticeany sixty- day notices issued by Xxxxxxx, manufactured, distributed, sold and/or offered for sale by Folsom & BiminiSFTZ, before March 31, 2021 the Effective Date (collectively, Claims), against Folsom & Bimini SFTZ and its Releasees. The Parties further understand and agree that this subsection 4.1 release shall not extend upstream to any entities that manufactured the Product or any component parts thereof, or any distributors distributors, importers or suppliers who sold the Product or any component parts thereof Related Products to the Settling Entity. Additionally, nothing 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 Product or Related ProductsProducts 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), 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, its Xxxxxx.xxx, Inc., and each of their parents, subsidiaries, affiliated entities under common ownership, directors, officers, employees, attorneys, and each entity to whom the Settling Entity directly or indirectly distribute distributes or sell sells the Product including, but not limited, to downstream distributors, wholesalers, customers, retailers (such as Dick’s Sporting Goodsincluding Xxxxxx.xxx, Inc.), franchisees, cooperative members, and licensees (collectively, Releasees), based on their 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 by the Settling Entity and its Releasees in California before March 31, 2021the 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 ProductProduct or Related Products, as alleged in the Noticeany sixty- day notices issued by Xxxxxxx, manufactured, distributed, sold and/or offered for sale by Folsom & BiminiGlarks, before March 31, 2021 the Effective Date (collectively, Claims), against Folsom & Bimini Glarks and its Releasees. The Parties further understand and agree that this subsection 4.1 release shall not extend upstream to any entities that manufactured the Product or any component parts thereof, or any distributors distributors, importers or suppliers who sold the Product or any component parts thereof Related Products to the Settling Entity. Additionally, nothing 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 Product or Related ProductsProducts 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), 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, its Amazon and each of their parents, subsidiaries, affiliated entities under common ownership, directors, officers, employees, attorneys, and each entity to whom the Settling Entity directly or indirectly distribute distributes or sell sells the Product Products including, but not limited, to downstream distributors, wholesalers, customers, retailers (such as Dick’s Sporting Goods, Inc.)online and brick & mortar retailers, franchisees, cooperative members, and licensees (collectively, Releaseesreleasees), based on their failure to warn about alleged exposures to lead contained in the Product Products that were manufactured, distributed, sold and/or offered for sale by the Settling Entity and its Releasees in California before March 31, 2021the Effective Date, 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 ProductProducts, as alleged in including all Amazon Standard Identification Number (ASIN) within the Notice, manufactured, distributed, product category sold and/or offered for sale by Folsom & Biminithe Settling Entity, before March 31, 2021 (collectively, Claims)the Effective Date, against Folsom & Bimini the Settling Entity and its Releaseesthe releasees. The Parties further understand and agree that this subsection 4.1 release shall not extend to (a) upstream to any entities that manufactured the Product Products or any component parts thereof, or (b) any distributors distributors, importers or suppliers who sold the Product or any component parts thereof Products to the Settling Entity, nor (c) other third parties (and Amazon for those sales made by such third parties) that supplied the Products to Amazon other than the Settling Entity. Additionally, nothing 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 Product or Related Productssuch excluded releasees.

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), 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, its Xxxxxx.xxx, Inc., and each of their parents, subsidiaries, affiliated entities under common ownership, directors, officers, employees, attorneys, and each entity to whom the Settling Entity directly or indirectly distribute distributes or sell sells the Product including, but not limited, to downstream distributors, wholesalers, customers, retailers (such as Dick’s Sporting Goods, Inc.)retailers, franchisees, cooperative members, and licensees (collectively, Releasees), based on their 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 by the Settling Entity and its Releasees in California before March 31, 2021the 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 ProductProduct or Related Products, as alleged in the Noticeany sixty- day notices issued by Xxxxxxx, manufactured, distributed, sold and/or offered for sale by Folsom & BiminiChillax- US, before March 31, 2021 the Effective Date (collectively, Claims), against Folsom & Bimini Chillax-US and its Releasees. The Parties further understand and agree that this subsection 4.1 release shall not extend upstream to any entities that manufactured the Product or any component parts thereof, or any distributors distributors, importers or suppliers who sold the Product or any component parts thereof Related Products to the Settling Entity. Additionally, nothing 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 Product or Related ProductsProducts 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), 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, Etsy and each of its parents, subsidiaries, affiliated entities under common ownership, directors, officers, employees, attorneys, and each entity to whom the Settling Entity directly or indirectly distribute or sell the Product including, but not limited, to downstream distributors, wholesalers, customers, retailers attorneys (such as Dick’s Sporting Goods, Inc.), franchisees, cooperative members, and licensees (collectively, Releaseesreleasees), based on their failure to warn about alleged exposures to lead contained in the Product Products that were manufactured, distributed, sold and/or offered for sale by the Settling Entity and its Releasees in California before March 31, 2021, as alleged in the NoticeEffective Date. 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, as alleged in the Notice, manufactured, distributed, sold and/or offered for sale by Folsom & Bimini, before March 31, 2021 (collectively, Claims), Products against Folsom & Bimini and its Releasees. The Parties further understand and agree that this subsection 4.1 release shall not extend upstream to any entities that manufactured the Product or any component parts thereof, or any distributors or suppliers who sold the Product or any component parts thereof to the Settling Entity, the merchants of the Products limited to sales made on xxxx.xxx, and the releasees. Additionally, nothing Nothing in this subsection affects subsection, therefore, shall affect Xxxxxxx’x right to commence or prosecute an action under Proposition 65 against a Releasee the Settling Entity and its releasees that does do not involve the Product Products covered by this Settlement Agreement. However, as of the time of this Settlement Agreement, neither Xxxxxxx nor its attorneys have any specific knowledge of the presence of any other products sold on the site operated by the Settling Entity that, in their opinion, fail to comply with Proposition 65’s warning requirement. To the extent Xxxxxxx identifies any such product in the future, Xxxxxxx agrees to advise the Settling Entity in the manner set forth in Section 7, and provide the Settling Entity with 45 business days (calculated from the date notice is provided electronically) to cure any alleged violation prior to issuing any 60-day notice to the Settling Entity. If the alleged violation is cured, Xxxxxxx agrees not to take any action to enforce Proposition 65 with respect to the Settling Entity. Xxxxxxx represents and warrants neither he nor his agents or Related Productsattorneys have assigned or otherwise transferred, or attempted to assign, or transfer, any claim or claims against the Settling Entity. Xxxxxxx further warrants that neither he nor his agents or attorneys are aware of any other potential private enforcer or attorney who intends to bring litigation based on the subject matter of the Settlement Agreement.

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), 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, its Amazon and each of their parents, subsidiaries, affiliated entities under common ownership, directors, officers, employees, attorneys, and each entity to whom the Settling Entity directly or indirectly distribute distributes or sell sells the Product Products including, but not limited, to downstream distributors, wholesalers, customersCustomers, retailers (such as Dick’s Sporting Goods, Inc.)online and brick & mortar retailers, franchisees, cooperative members, and licensees (collectively, Releaseesreleasees), based on their failure to warn about alleged exposures to lead contained in the Product Products that were manufactured, distributed, sold and/or offered for sale by the Settling Entity and its Releasees in California before March 31, 2021the Effective Date, 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 Product, as alleged in the Notice, manufactured, distributedProducts, sold and/or offered for sale by Folsom & Biminithe Settling Entity, before March 31, 2021 (collectively, Claims)the Effective Date, against Folsom & Bimini the Settling Entity and its Releaseesthe releasees. The Parties further understand and agree that this subsection 4.1 release shall not extend upstream to any entities that manufactured the Product Products or any component parts thereof, or any distributors distributors, importers or suppliers who sold the Product or any component parts thereof Products to the Settling Entity. Additionally, nothing Nothing in this subsection affects Xxxxxxx’x Xxxxxxx'x right to commence or prosecute an action under Proposition 65 against a Releasee releasee that does not involve the Product or Related ProductsProducts 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), 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, Entity and each of its parents, subsidiaries, affiliated entities under common ownership, directors, officers, employees, attorneys, and each entity to whom the Settling Entity directly or indirectly distribute distributes or sell sells the Product Products including, but not limited, to downstream distributors, wholesalers, customers, online and brick & mortar retailers (such as Dick’s Sporting Goods, Inc.)Walmart, franchisees, cooperative members, and licensees (collectively, Releaseesreleasees), based on their failure to warn about alleged exposures to lead contained in the Product Products that were manufactured, distributed, sold and/or offered for sale by the Settling Entity and its Releasees in California before March 31, 2021the 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, as alleged in the Notice, manufactured, distributedProducts, sold and/or offered for sale by Folsom & Biminithe Settling Entity, before March 31, 2021 (collectively, Claims)the Effective Date, against Folsom & Bimini the Settling Entity and its Releaseesthe releasees. The Parties further understand and agree that this subsection 4.1 release shall not extend upstream to any entities that manufactured the Product Products or any component parts thereof, or any distributors distributors, importers or suppliers who sold the Product or any component parts thereof Products to the Settling Entity. Additionally, nothing Nothing in this subsection affects Xxxxxxx’x Xxxxxxx'x right to commence or prosecute an action under Proposition 65 against a Releasee releasee that does not involve the Product or Related ProductsProducts 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), 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, its Xxxxxx.xxx, Inc., and each of their parents, subsidiaries, affiliated entities under common ownership, directors, officers, employees, attorneys, and each entity to whom the Settling Entity directly or indirectly distribute distributes or sell sells the Product including, but not limited, to downstream distributors, wholesalers, customers, retailers (such as Dick’s Sporting Goods, Inc.)retailers, franchisees, cooperative members, and licensees (collectively, Releasees), based on their 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 by the Settling Entity and its Releasees in California before March 31, 2021the 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 ProductProduct or Related Products, as alleged in the Noticeany sixty- day notices issued by Xxxxxxx, manufactured, distributed, sold and/or offered for sale by Folsom & BiminiJORCC, before March 31, 2021 the Effective Date (collectively, Claims), against Folsom & Bimini JORCC and its Releasees. The Parties further understand and agree that this subsection 4.1 release shall not extend upstream to any entities that manufactured the Product or any component parts thereof, or any distributors distributors, importers or suppliers who sold the Product or any component parts thereof Related Products to the Settling Entity. Additionally, nothing 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 Product or Related ProductsProducts branded by the Settling Entity.