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, 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. XXXXXXXXXXxxxxxxxx, 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 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 CORE Xxxxxx 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 COREXxxxxx. Nothing in this Section affects XXXXXXXXX’X Xxxxxxxxx’x right to commence or prosecute an action under Proposition 65 against a Releasee that does not involve CORE’S Xxxxxx’x Products.

Xxxxxxxxx’x Individual Release of Claims. XXXXXXXXXXxxxxxxxx, 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 Xxxxxxxxx of any nature, character, or kind, whether known or unknown, suspected or unsuspected, including but not limited to and all failure to warn claims, arising out of alleged or actual exposures to DEHP lead in the Products manufactured, imported, distributed, or sold by CORE Xxxx 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 COREXxxx. Nothing in this Section affects XXXXXXXXX’X Xxxxxxxxx’x right to commence or prosecute an action under Proposition 65 against a Releasee that does not involve CORE’S Izzo’s Products.

Xxxxxxxxx’x Individual Release of Claims. XXXXXXXXXXxxxxxxxx, 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 Xxxxxxxxx of any nature, character, or kind, whether known or unknown, suspected or unsuspected, including but not limited to and all failure to warn claims, arising out of alleged or actual exposures to DEHP lead in the Products manufactured, imported, distributed, or sold by CORE Macy’s 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 COREMacy’s. Nothing in this Section affects XXXXXXXXX’X Xxxxxxxxx’x right to commence or prosecute an action under Proposition 65 against a Releasee that does not involve CORE’S Macy’s’ Products.

Xxxxxxxxx’x Individual Release of Claims. XXXXXXXXXXxxxxxxxx, 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 Xxxxxxxxx of any nature, character, or kind, whether known or unknown, suspected or unsuspected, including but not limited to and all failure to warn claims, arising out of alleged or actual exposures to DEHP lead in the Products manufactured, imported, distributed, or sold by CORE Polder 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 COREPolder. Nothing in this Section affects XXXXXXXXX’X Xxxxxxxxx’x right to commence or prosecute an action under Proposition 65 against a Releasee that does not involve CORE’S Polder’s Products.

Xxxxxxxxx’x Individual Release of Claims. XXXXXXXXXXxxxxxxxx, 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 Xxxxxxxxx of any nature, character, or kind, whether known or unknown, suspected or unsuspected, including but not limited to and all failure to warn claims, arising out of alleged or actual exposures to DEHP lead in the Products manufactured, imported, distributed, or sold by CORE Tzumi 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 CORETzumi. Nothing in this Section affects XXXXXXXXX’X Xxxxxxxxx’x right to commence or prosecute an action under Proposition 65 against a Releasee that does not involve CORE’S Tzumi’s Products.