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 parents, subsidiaries, affiliated entities under common ownership, directors, officers, employees, attorneys (releasees), based on their 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 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 and assignees, against the Settling Entity, Amazon Walmart Inc., Wal-Mart Stores, Inc., Wal-Mart Stores East, Inc., Wal-Mart Stores East, LP, Walmart Apollo, LLC, Xxx-Xxxx.xxx, Inc., Xxx-Xxxx.xxx USA, LLC, and each of their respective parents, direct and indirect subsidiaries, affiliated entities under common ownershipaffiliates, past and current agents, directors, officers, employees, attorneys representatives, attorneys, successors, and assignees (releaseescollectively, “Released Parties”), based on their failure to warn about alleged exposures to lead contained in the Products that were sold and/or or offered for sale in California by the Settling Entity Entity, or that were offered for sale by Walmart Inc. or the other Walmart-related entities referenced above, through Xxxxxx.xxx xxxxxxx.xxx before the 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 and 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 and expenses including, but not exclusively, investigation fees, expert fees, and attorneys’ fees arising under Proposition 65 with respect to lead in the Products, Products sold and/or or offered for sale by the Settling EntityEntity on xxxxxxx.xxx or in Walmart, or offered for sale by Walmart Inc. or the other Walmart-related entities referenced above, before the Effective Date, against the Settling Entity Entity, Walmart Inc., the other Walmart-related entities references above, and the releaseesReleased Parties. The Parties further understand and agree that this subsection 4.1 release shall not extend upstream to any entities that manufactured sales of the Products sold 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 branded offered for sale on xxxxxxx.xxx by the Settling Entitythird-party sellers and suppliers.

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 its parents, subsidiaries, affiliated entities under common ownership, directors, officers, employees, attorneys attorneys, 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, and licensees (releasees), based on their 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 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 parents, subsidiaries, affiliated entities under common ownership, directors, officers, employees, attorneys attorneys, 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 (releasees), based on their 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 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 parents, subsidiaries, affiliated entities under common ownership, directors, officers, employees, attorneys (releasees), based on their 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 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. The Parties also understand and agree that this subsection 4.1 release shall not extend to sales of the Products transacted through Xxxxxx.xxx by third-party entities. 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 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 its parents, subsidiaries, affiliated entities under common ownership, directors, officers, employees, attorneys attorneys, 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, and licensees (releasees), based on their 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 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 parents, subsidiaries, affiliated entities under common ownership, directors, officers, employees, attorneys (releasees), based on their 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 Xxxxxxx'x right to commence or prosecute an action under Proposition 65 against a releasee that does not involve the 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 and each of their parents, subsidiaries, affiliated entities under common ownership, directors, officers, employees, attorneys attorneys, 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 (releasees), based on their 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 Xxxxxxx'x right to commence or prosecute an action under Proposition 65 against a releasee that does not involve the 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 Entity and each of their its parents, subsidiaries, affiliated entities under common ownership, directors, officers, employees, attorneys attorneys, 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, and licensees (releasees), based on their 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 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 Etsy and each of their its parents, subsidiaries, affiliated entities under common ownership, directors, officers, employees, and attorneys (releasees), based on their 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 Products against the Settling Entity, before the Effective Datemerchants of the Products limited to sales made on xxxx.xxx, 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 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 Products branded 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 attorneys 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, 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 parents, subsidiaries, affiliated entities under common ownershipownership (including, but not limited to, PLUSINNO and Plus Innovations Co., Ltd.), directors, officers, employees, attorneys attorneys, 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, and licensees (releaseescollectively, 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 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 EntityShenzhen, before the Effective DateDate (collectively, Claims), against the Settling Entity Shenzhen 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 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 parents, subsidiaries, affiliated entities under common ownership, directors, officers, employees, attorneys attorneys, 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 (releaseesincluding 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 in California by the Settling Entity through Xxxxxx.xxx and its Releasees in California before the 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 or Related Products, as alleged in any sixty- day notices issued by Xxxxxxx, manufactured, distributed, sold and/or offered for sale by the Settling EntityFang Li, before the Effective DateDate (collectively, Claims), against the Settling Entity Fang Li 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 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 parents, subsidiaries, affiliated entities under common ownership, directors, officers, employees, attorneys attorneys, 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 (releaseesincluding 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 in California by the Settling Entity through Xxxxxx.xxx and its Releasees in California before the 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 or Related Products, as alleged in any sixty- day notices issued by Xxxxxxx, manufactured, distributed, sold and/or offered for sale by the Settling EntityXinkangde, before the Effective DateDate (collectively, Claims), against the Settling Entity Xxxxxxxxx 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 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 its parents, subsidiaries, affiliated entities under common ownership, directors, officers, employees, attorneys attorneys, 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, and licensees (releasees), based on their 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 branded 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, 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 parents, subsidiaries, affiliated entities under common ownership, directors, officers, employees, attorneys attorneys, 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 (releaseesincluding 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 in California by the Settling Entity through Xxxxxx.xxx and its Releasees in California before the 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 or Related Products, as alleged in any sixty- day notices issued by Xxxxxxx, manufactured, distributed, sold and/or offered for sale by the Settling EntityGlarks, before the Effective DateDate (collectively, Claims), against the Settling Entity Glarks 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 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 parents, subsidiaries, affiliated entities under common ownership, directors, officers, employees, attorneys attorneys, 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 (releaseesincluding 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 in California by the Settling Entity through Xxxxxx.xxx and its Releasees in California before the 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 or Related Products, as alleged in any sixty- day notices issued by Xxxxxxx, manufactured, distributed, sold and/or offered for sale by the Settling EntitySwpeet, before the Effective DateDate (collectively, Claims), against the Settling Entity Swpeet 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 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 parents, subsidiaries, affiliated entities under common ownership, directors, officers, employees, attorneys attorneys, 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, marketplace hosts, franchisees, cooperative members, and licensees (releasees), based on their 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 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 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 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 its parents, subsidiaries, affiliated entities under common ownership, directors, officers, employees, attorneys attorneys, 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, and licensees (releasees), based on their 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 Xxxxxxx'x right to commence or prosecute an action under Proposition 65 against a releasee that does not involve the 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 Walmart and each of their parents, subsidiaries, affiliated entities under common ownership, directors, officers, employees, attorneys attorneys, 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 (releasees), based on their 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 Xxxxxxx'x right to commence or prosecute an action under Proposition 65 against a releasee that does not involve the 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 and each of their its parents, subsidiaries, affiliated entities under common ownership, directors, officers, employees, attorneys 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 (releaseessuch 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 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 DateMarch 31, 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 EntityFolsom & Bimini, before the Effective DateMarch 31, 2021 (collectively, Claims), against the Settling Entity Folsom & Bimini 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 Additionally, 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 branded by the Settling EntityProduct 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, 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 parents, subsidiaries, affiliated entities under common ownership, directors, officers, employees, attorneys attorneys, 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 (releasees), based on their 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, including all Amazon Standard Identification Number (ASIN) within the product category 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 to (a) upstream to any entities that manufactured the Products or any component parts thereof, or (b) any distributors, importers or suppliers who sold the 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. 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 branded by the Settling Entitysuch 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, 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 parents, subsidiaries, affiliated entities under common ownership, directors, officers, employees, attorneys attorneys, 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 (releasees), based on their 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 Xxxxxxx'x right to commence or prosecute an action under Proposition 65 against a releasee that does not involve the 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., 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, 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 or Jing Su 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 EntityEntity or Xxxx Xx, 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, except for Jing Su. 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 branded that were sold and/or offered for sale in California by the Settling EntityEntity or Jing 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, 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 parents, subsidiaries, affiliated entities under common ownership, directors, officers, employees, attorneys attorneys, 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, and licensees (releaseescollectively, 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 in California by the Settling Entity through Xxxxxx.xxx and its Releasees in California before the 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 or Related Products, as alleged in any sixty- day notices issued by Xxxxxxx, manufactured, distributed, sold and/or offered for sale by the Settling EntityChillax- US, before the Effective DateDate (collectively, Claims), against the Settling Entity Chillax-US 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 branded by the Settling Entity.