Xxxxxxxxx’x Individual Release of Claims. XXXXXXXXX, in her individual capacity only and not in her representative capacity, provides a release herein which shall be effective as a full and final accord and satisfaction, as a bar to all actions, causes of action, obligations, damages, losses, claims, liabilities, and demands of XXXXXXXXX of any nature, character, or kind, whether known or unknown, suspected or unsuspected, limited to and arising out of alleged or actual exposures to DEHP in the Products manufactured, imported, distributed, or sold by CORE prior to the Effective Date, except for XXXXXXXXX’X claim for attorneys’ fees and costs which are yet to be adjudicated. The Parties further understand and agree that this Section 4.2 release shall not extend upstream to any entities that manufactured the Products, or any component parts thereof, or any distributors or suppliers who sold the Products, or any component parts thereof to CORE. Nothing in this Section affects XXXXXXXXX’X right to commence or prosecute an action under Proposition 65 against a Releasee that does not involve CORE’S Products.
Xxxxxxxxx’x Individual Release of Claims. Xxxxxxxxx, in her individual capacity only and not in her representative capacity, provides a release herein which shall be effective as a full and final accord and satisfaction, as a bar to all actions, causes of action, obligations, costs, expenses, attorneys’ fees, damages, losses, claims, liabilities, and demands of Xxxxxxxxx of any nature, character, or kind, whether known or unknown, suspected or unsuspected, arising out of alleged or actual exposures to DEHP in the Products manufactured, imported, distributed, or sold by 99 Cents Only prior to the Effective Date.
Xxxxxxxxx’x Individual Release of Claims. Xxxxxxxxx, in her individual capacity only and not in her representative capacity , provides a release herein which shall be effective as a full and final accord and satisfaction and operate as a bar to all actions, causes of action, obligations, costs, expenses, attorneys’ fees, damages, losses, claims, liabilities, and demands of Xxxxxxxxx of any nature, character, or kind, whether known or unknown, suspected or unsuspected, including but not limited to all failure to warn claims, arising out of alleged or actual exposures to DEHP in the Products manufactured, imported, distributed, and/or sold by Settling Defendants or Releasees prior to the Effective Date. Xxxxxxxxx acknowledges that she is familiar with Section 1542 of the California Civil Code, which provides as follows: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT IF KNOWN BY HIM OR HER WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY. Xxxxxxxxx expressly waives and relinquishes any and all rights and benefits that she may have under, or which may be conferred on her by the provisions of Section 1542 of the California Civil Code as well as under any other state or federal statute or common law principle of similar effect, to the fullest extent that she may lawfully waive such rights or benefits pertaining to the released matters. In furtherance of such intention, the release hereby given shall be and remain in effect as a full and complete release notwithstanding the discovery or existence of any such additional or different claims or facts arising out of the released matters. The Parties further understand and agree that this Section 4.2 release shall not extend upstream to any entities that manufactured the Products, or any component parts thereof, or any distributors or suppliers who sold the Products, or any component parts thereof to Settling Defendants. Nothing in this Section affects Xxxxxxxxx’x right to commence or prosecute an action under Proposition 65 against a Releasee that does not involve Settling Defendants’ Products.
Xxxxxxxxx’x Individual Release of Claims. Xxxxxxxxx, in her individual capacity only and not in her representative capacity, provides a release herein which shall be effective as a full and final accord and satisfaction, as a bar to all actions, causes of action, obligations, costs, expenses, attorneys’ fees, damages, losses, claims, liabilities, and demands of Xxxxxxxxx of any nature, character, or kind, whether known or unknown, suspected or unsuspected, including but not limited to all failure to warn claims, arising out of alleged or actual exposures to Proposition 65-listed chemicals in the Products manufactured, imported, distributed, or sold by Evriholder prior to the Effective Date. The Parties further understand and agree that this Section 4.2 release shall not extend upstream to any entities that manufactured the Products, or any component parts thereof, or any distributors or suppliers who sold the Products, or any component parts thereof to Evriholder. Nothing in this Section affects Xxxxxxxxx’x right to commence or prosecute an action under Proposition 65 against a Releasee that does not involve Evriholder’s Products.
Xxxxxxxxx’x Individual Release of Claims. Xxxxxxxxx, in her individual capacity only and not in her representative capacity, provides a release herein which shall be effective as a full and final accord and satisfaction, as a bar to all actions, causes of action, obligations, costs, expenses, attorneys’ fees, damages, losses, claims, liabilities, and demands of Xxxxxxxxx of any nature, character, or kind, whether known or unknown, suspected or unsuspected, limited to and arising out of alleged or actual exposures to lead in the Products manufactured, imported, distributed, or sold by Kikkerland prior to the Effective Date. The Parties further understand and agree that this Section 4.2 release shall not extend upstream to any entities that manufactured the Products, or any component parts thereof, or any distributors or suppliers who sold the Products, or any component parts thereof to Kikkerland. Nothing in this Section affects Xxxxxxxxx’x right to commence or prosecute an action under Proposition 65 against a Releasee that does not involve Kikkerland’s Products.
Xxxxxxxxx’x Individual Release of Claims. Xxxxxxxxx, in her individual capacity only and not in her representative capacity, provides a release herein which shall be effective as a full and final accord and satisfaction, as a bar to all actions, causes of action, obligations, costs, expenses, attorneys’ fees, damages, losses, claims, liabilities, and demands of Xxxxxxxxx of any nature, character, or kind, whether known or unknown, suspected or unsuspected, limited to and arising out of alleged or actual exposures to lead from the Products manufactured, imported, distributed, or sold by Xxx Xxx prior to the Effective Date. Nothing in this Section affects Xxxxxxxxx’x right to commence or prosecute an action under Proposition 65 against a Releasee that does not involve Xxx Xxx’x Products.
Xxxxxxxxx’x Individual Release of Claims. In further consideration of the promises and agreements contained herein, and for the payments to be made pursuant to Section 3 above, Xxxxxxxxx, on behalf of herself, her past and current agents, representatives, attorneys, successors and/or assignees, hereby covenants not to xxx and waives any right to institute, participate in, directly or indirectly, any form of legal action and releases all claims that she may have, including, without limitation, all actions and causes of action in law and in equity, all obligations, expenses (including without limitation all attorneys’ fees, expert fees, and investigation fees, and costs), damages, losses, liabilities and demands against any of the Releasees of any nature, character, or kind, whether known or unknown, suspected or unsuspected, arising out of alleged or actual exposures to DEHP, DINP, DIDP, DnHP, DBP, and/or BBP in the Products manufactured, imported, otherwise acquired, distributed, or sold by Xxxxxxxx-Sonoma or the Releasees prior to the Effective Date.
Xxxxxxxxx’x Individual Release of Claims. Xxxxxxxxx, in her individual capacity only and not in her representative capacity, provides a release herein which shall be effective as a full and final accord and satisfaction, as a bar to all actions, causes of action, obligations, costs, expenses, attorneys’ fees, damages, losses, claims, liabilities, and demands of Xxxxxxxxx of any nature, character, or kind, whether known or unknown, suspected or unsuspected, including but not limited to all failure to warn claims, arising out of alleged or actual exposures to DEHP in the Products manufactured, imported, distributed, or sold by Big Lots prior to the Effective Date. Nothing in this Section affects Xxxxxxxxx’x right to commence or prosecute an action under Proposition 65 against a Releasee that does not involve Big Lots’ Products.
Xxxxxxxxx’x Individual Release of Claims. Donaldson, in her individual capacity only and not in her representative capacity, provides a release herein which shall be effective as a full and final accord and satisfaction, as a bar to all actions, causes of action, obligations, costs, expenses, attorneys’ fees, damages, losses, claims, liabilities, and demands of Donaldson of any nature, character, or kind, whether known or unknown, suspected or unsuspected, arising out of alleged or actual exposures to DEHP in the Products manufactured, imported, distributed, or sold by Harvest Lane Honey prior to the Effective Date. The Parties further understand and agree that this Section 4.2 release shall not extend upstream to any entities that manufactured the Products, or any component parts thereof, or any distributors or suppliers who sold the Products, or any component parts thereof to Harvest Lane Honey. Nothing in this Section affects Xxxxxxxxx’x right to commence or prosecute an action under Proposition 65 against a Releasee that does not involve Harvest Lane Honey’s Products.
Xxxxxxxxx’x Individual Release of Claims. Xxxxxxxxx, in her individual capacity only and not in her representative capacity, provides a release herein which shall be effective as a full and final accord and satisfaction, as a bar to all actions, causes of action, obligations, costs, expenses, attorneys’ fees, damages, losses, claims, liabilities, and demands of Xxxxxxxxx of any nature, character, or kind, whether known or unknown, suspected or unsuspected, arising out of alleged or actual exposures to DEHP in the Products manufactured, imported, distributed, or sold by Core Home prior to the Effective Date. The Parties further understand and agree that this Section 4.2 release shall not extend upstream to any entities that manufactured the Products, or any component parts thereof, or any distributors or suppliers who sold the Products, or any component parts thereof to Core Home. Nothing in this Section affects Xxxxxxxxx’x right to commence or prosecute an action under Proposition 65 against a Releasee that does not involve Core Home’s Products.
