Xxxxxxx’x Release of Xxxxx. Xxxxxxx, on behalf of itself, its past and current agents, representatives, attorneys, successors, and assignees, hereby waives any and all claims against Xxxxx and his attorneys and other representatives, for any and all actions taken or statements made (or those that could have been taken or made) by Xxxxx and his attorneys and other representatives, whether in the course of investigating claims or otherwise seeking to enforce Proposition 65 against it in this matter with respect to the Products.
Xxxxxxx’x Release of Xxxxx. This Settlement Agreement is a full, final and binding resolution between Xxxxxxx and Xxxxx, of any violation of Proposition 65 that was or could have been asserted by Xxxxxxx and his past and current agents, representatives, attorneys, successors, and/or assignees, against Xxxxx, its parents, subsidiaries, affiliated entities that are under common ownership, directors, officers, employees, attorneys, and each entity to whom Xxxxx directly or indirectly distributes or sells Products, including but not limited to downstream distributors, wholesalers, customers, retailers, franchisees, cooperative members, licensors, and licensees (“Releasees”), based on their failure to warn about alleged exposures to DEHP contained in the Products manufactured, distributed, sold or offered for sale by Xxxxx in California before the Effective Date. In further consideration of the promises and agreements herein contained, Xxxxxxx, and his past and current agents, representatives, attorneys, successors, and/or assignees, hereby waives any right 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 and in equity, all suits, liabilities, demands, obligations, damages, costs, fines, penalties, losses, or expenses including, but not exclusively, investigation fees, expert fees, and attorneys’ fees, but exclusive of fees and costs on appeal, if any, arising under Proposition 65 with respect to exposures to DEHP from Products manufactured, distributed, sold and/or offered for sale by Xxxxx before the Effective Date. Xxxxxxx, and his attorneys, representatives, successors, and/or assignees, represents and warrants that, as of the date of his execution of this Settlement Agreement, other than the violations alleged in the Notice as to the Products described in this Settlement Agreement, he has no current knowledge or information based on any investigation or otherwise that Xxxxx is currently manufacturing, distributing, shipping, selling or offering for sale in California any product(s) that Xxxxxxx believes is causing a violation of Proposition 65, and that Xxxxxxx has no present intention of filing suit or issuing a 60-Day Notice to Xxxxx with respect to any other listed chemical under Proposition 65 with respect to any products manufactured, distributed or sold by Xxxxx, including but not limited to, the Products.
