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 Xxxxxx 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 Xxxxxx. Nothing in this Section affects Xxxxxxxxx’x right to commence or prosecute an action under Proposition 65 against a Releasee that does not involve Xxxxxx’x 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 Xxxxxxx 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 Xxxxxxx. Nothing in this Section affects Xxxxxxxxx’x right to commence or prosecute an action under Proposition 65 against a Releasee that does not involve Xxxxxxx’x 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, 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 Fringe 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 Fringe. Nothing in this Section affects Xxxxxxxxx’x right to commence or prosecute an action under Proposition 65 against a Releasee that does not involve Fringe’s Products. In connection with the release set forth in this Section 4.2, Xxxxxxxxx specifically waives the provisions of California Civil Code Section 1542, 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 hereby agrees, represents, and warrants that she is familiar with, has read, understands, and has consulted legal counsel of her choosing with respect to California Civil Code Section 1542 and the matters now unknown to her, which may have given, or which may hereinafter give rise to actions, legal or administrative proceedings, claims, demands, debts, controversies, damages, costs, losses, liabilities and expenses which are presently unknown, unanticipated and unsuspected, and Xxxxxxxxx further agrees, represents and warrants that the provisions of this Section 4.2 have been negotiated and agreed upon in light of that realization and that Xxxxxxxxx nevertheless hereby intends to release, discharge and acquit the Releasees from any such unknown causes of action, legal or administrative proceedings, claims, demands, debts, controversies, damages, costs, losses, liabilities and expenses which are in any way related to the release contained in this Section 4.2.
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 Xxxxxx 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 may have manufactured the Products or any component parts thereof for Xxxxxx, or any distributors or suppliers who may have sold the Products or any component parts thereof to Xxxxxx. Nothing in this Section affects Xxxxxxxxx’x right to commence or prosecute an action under Proposition 65 against a Releasee that does not involve Xxxxxx’x 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. In further consideration of the promises and agreements herein contained, 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..
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 lead in the Products manufactured, imported, distributed, or sold by Diageo. Nothing in this Section affects Xxxxxxxxx’x right to commence or prosecute an action under Proposition 65 against a Releasee that does not involve the 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. 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 Releasees 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 Simple Symbol. Nothing in this Section affects Xxxxxxxxx’x right to commence or prosecute an action under Proposition 65 against a Releasee that does not involve Simple Symbol’s Products.
