Common use of Xxxxxxxxx’x Individual Release of Claims Clause in Contracts

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 Picnic Time 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 Picnic Time. Nothing in this Section affects Xxxxxxxxx’x right to commence or prosecute an action under Proposition 65 against a Releasee that does not involve Picnic Time’s Products.

Appears in 1 contract

Samples: Settlement Agreement

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Xxxxxxxxx’x Individual Release of Claims. Xxxxxxxxx, 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 DEHP lead in the Products manufactured, imported, distributed, or sold by Picnic Time IG Design 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 Picnic TimeIG Design. Nothing in this Section affects Xxxxxxxxx’x right to commence or prosecute an action under Proposition 65 against a Releasee that does not involve Picnic TimeIG Design’s Products.

Appears in 1 contract

Samples: Settlement Agreement

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 DEHP lead in the Products manufactured, imported, distributed, or sold by Picnic Time Galison 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 Picnic TimeGalison. Nothing in this Section affects Xxxxxxxxx’x right to commence or prosecute an action under Proposition 65 against a Releasee that does not involve Picnic TimeGalison’s Products.

Appears in 1 contract

Samples: Settlement Agreement

Xxxxxxxxx’x Individual Release of Claims. Xxxxxxxxx, in her individual capacity only 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 Lead in the Products manufactured, imported, distributed, or sold by Picnic Time the Alleged Violators prior to the Effective DateJune 10, 2020. 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 Picnic TimeAnthropologie. Nothing in this Section affects Xxxxxxxxx’x right to commence or prosecute an action under Proposition 65 against a Releasee that does not involve Picnic TimeAnthropologie’s Products.

Appears in 1 contract

Samples: Settlement Agreement

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 DEHP lead in the Products manufactured, imported, distributed, or sold by Picnic Time 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 Picnic TimeSimple 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 Picnic TimeSimple Symbol’s Products.

Appears in 1 contract

Samples: Settlement Agreement

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 DEHP lead in the Products manufactured, imported, distributed, or sold by Picnic Time Daiso 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 Picnic TimeDaiso. Nothing in this Section affects Xxxxxxxxx’x right to commence or prosecute an action under Proposition 65 against a Releasee that does not involve Picnic TimeDaiso’s Products.

Appears in 1 contract

Samples: Settlement Agreement

Xxxxxxxxx’x Individual Release of Claims. Xxxxxxxxx, in her individual capacity only and not in her his 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 DEHP lead in the Products manufactured, imported, distributed, or sold by Picnic Time Xxxxx 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 Picnic TimeXxxxx 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 Picnic Time’s Xxxxx Xxxxxx’x Products.

Appears in 1 contract

Samples: Settlement Agreement

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 DEHP in lead from the Products manufactured, imported, distributed, or sold by Picnic Time 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, Products or any component parts thereofthereof for Xxxxxx, or any distributors or suppliers who may have sold the Products, Products or any component parts thereof to Picnic TimeXxxxxx. Nothing in this Section affects Xxxxxxxxx’x right to commence or prosecute an action under Proposition 65 against a Releasee that does not involve Picnic Time’s Xxxxxx’x Products.

Appears in 1 contract

Samples: Settlement Agreement

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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 DEHP lead in the Products manufactured, imported, distributed, or sold by Picnic Time BBR 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 Picnic TimeBBR. Nothing in this Section affects Xxxxxxxxx’x right to commence or prosecute an action under Proposition 65 against a Releasee that does not involve Picnic TimeBBR’s Products.

Appears in 1 contract

Samples: Settlement Agreement

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 DEHP lead in the Products manufactured, imported, distributed, or sold by Picnic Time Dolgen 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 Picnic TimeDolgen. Nothing in this Section affects Xxxxxxxxx’x right to commence or prosecute an action under Proposition 65 against a Releasee that does not involve Picnic TimeDolgen’s Products.

Appears in 1 contract

Samples: Settlement Agreement

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 DEHP lead in the Products manufactured, imported, distributed, or sold by Picnic Time Xxxxxxx Painting 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 Picnic TimeXxxxxxx Painting. Nothing in this Section affects Xxxxxxxxx’x right to commence or prosecute an action under Proposition 65 against a Releasee that does not involve Picnic TimeXxxxxxx Painting’s Products.

Appears in 1 contract

Samples: Settlement Agreement

Xxxxxxxxx’x Individual Release of Claims. Xxxxxxxxx, in her individual capacity only 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 Lead in the Products manufactured, imported, distributed, or sold by Picnic Time Decathlon 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 Picnic TimeDecathlon. Nothing in this Section affects Xxxxxxxxx’x right to commence or prosecute an action under Proposition 65 against a Releasee that does not involve Picnic TimeDecathlon’s Products.

Appears in 1 contract

Samples: Settlement Agreement

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 Picnic Time 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 Picnic TimeXxxxxxx. Nothing in this Section affects Xxxxxxxxx’x right to commence or prosecute an action under Proposition 65 against a Releasee that does not involve Picnic Time’s Xxxxxxx’x Products.

Appears in 1 contract

Samples: Settlement Agreement

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