Common use of Claims Covered and Released Clause in Contracts

Claims Covered and Released. 4.1 CRC’s Release of N Nat4life CRC, acting on its own behalf and not on behalf of the public, fully releases and discharges Nat4life and its respective officers, directors, shareholders, members, employees, agents, parent companies, subsidiaries, divisions, affiliates, franchisees, licensees, customers, suppliers, distributors (the “ Nat4life Releasees”) and all entities to which Nat4lifeReleasees directly or indirectly distribute or sell the Product, and any other distributors, wholesalers, customers, retailers, franchisees, licensors, and licensees, (collectively, the "Released Parties" and individually, a “Released Party”). CRC, on behalf of itself and its officers, directors, shareholders, employees, agents, parent companies, subsidiaries and divisions hereby fully releases and discharges the Released Parties from any and all claims, actions, causes of action, suits, demands, liabilities, damages, penalties, fees, costs, and expenses asserted, or that could have been asserted based on or related to the manufacturing, marketing, handling, use, sale, distribution or consumption of the Product in California, as well as any alleged violation of Proposition 65 or its implementing regulations, including without limitation any failure to provide Proposition 65 warnings on the Product with respect to exposures to lead. 4.2 Nat4life ’s Release of CRC BLU on behalf of its past and current agents, representatives, attorneys, successors and assignees hereby waives any and all claims against CRC and its attorneys and other representatives, for any and all actions taken, or statements made by CRC and its attorneys and other representatives, whether in the course of investigating claims, otherwise seeking to enforce Proposition 65 against it in this matter, or with respect to the Product.

Claims Covered and Released. 4.1 CRC’s Release of N Nat4life LAF CRC, acting on its own behalf and not on behalf of the public, fully releases and discharges Nat4life LAF and its respective officers, directors, shareholders, members, employees, agents, parent companies, subsidiaries, divisions, affiliates, franchisees, licensees, customers, suppliers, distributors (the “ Nat4life “Defendant Releasees”) and all entities to which Nat4lifeReleasees Defendant Releasees directly or indirectly distribute or sell the Product, and any other distributors, wholesalers, customers, retailers, franchisees, licensors, and licensees, including but not limited to Chedraui USA, Inc. (formerly Bodega Latina Corporation dba El Super) (“Downstream Releasee”) (collectively, the "Released Parties" and individually, a “Released Party”). CRC, on behalf of itself and its officers, directors, shareholders, employees, agents, parent companies, subsidiaries and divisions hereby fully releases and discharges the Released Parties from any and all claims, actions, causes of action, suits, demands, liabilities, damages, penalties, fees, costs, and expenses asserted, or that could have been asserted based on or related to the manufacturing, marketing, handling, use, sale, distribution or consumption of the Product in California, as well as to any alleged violation of Proposition 65 or its implementing regulations, including without limitation any failure to provide Proposition 65 warnings on the Product with respect to exposures to lead. 4.2 Nat4life LAF’s Release of CRC BLU LAF on behalf of its past and current agents, representatives, attorneys, successors and assignees hereby waives any and all claims against CRC and its attorneys and other representatives, for any and all actions taken, taken or statements made by CRC and its attorneys and other representatives, whether in the course of investigating claims, otherwise seeking to enforce Proposition 65 against it in this matter, or with respect to the Product.

Claims Covered and Released. 4.1 CRCEHA’s Release of N Nat4life CRCDeLallo This Settlement Agreement is a full, acting final, and binding resolution between EHA, on its own behalf and not on behalf of the public, fully releases and discharges Nat4life and its respective officers, directors, shareholders, members, employees, agents, parent companies, subsidiaries, divisions, affiliates, franchisees, licensees, customers, suppliers, distributors (the “ Nat4life Releasees”) and all entities to which Nat4lifeReleasees directly DeLallo of any violation of Proposition 65 that was or indirectly distribute or sell the Product, and any other distributors, wholesalers, customers, retailers, franchisees, licensors, and licensees, (collectively, the "Released Parties" and individually, a “Released Party”). CRC, on behalf of itself and its officers, directors, shareholders, employees, agents, parent companies, subsidiaries and divisions hereby fully releases and discharges the Released Parties from any and all claims, actions, causes of action, suits, demands, liabilities, damages, penalties, fees, costs, and expenses asserted, or that could have been asserted based by EHA, on or related to the manufacturingits own behalf, marketing, handling, use, sale, distribution or consumption of the Product in California, as well as any alleged violation of Proposition 65 or its implementing regulations, including without limitation any failure to provide Proposition 65 warnings on the Product with respect to exposures to lead. 4.2 Nat4life ’s Release of CRC BLU on behalf of its past and current agents, representatives, attorneys, successors and assignees, against DeLallo and each of its respective parents, subsidiaries, affiliated entities under common ownership, directors, officers, members, employees, attorneys, each upstream entity from whom the Product was purchased by DeLallo and each entity to whom DeLallo directly or indirectly distributes or sells the Product, including, but not limited to, Ralph’s Grocery Company and any other of DeLallo’s downstream distributors, wholesalers, customers, retailers, franchisees, cooperative members and licensees (“Releasees”), based on the failure to warn about exposures to Acrylamide in the Product manufactured, sold or distributed for sale in California by DeLallo before the Effective Date, as alleged in the Notice. In further consideration of the promises and agreements herein contained, EHA on its own behalf and not on behalf of the public, on behalf of its past and current agents, representatives, attorneys, successors, and assignees hereby waives any and all rights it may have to institute or participate in, directly or indirectly, any form of legal action and releases all claims against DeLallo and Releasees including, without limitation, all actions and causes of action, suits, liabilities, demands, obligations, damages, costs, fines, penalties, losses, or expenses including, but not exclusively, investigation fees, expert fees and attorney fees arising under Proposition 65 with respect to the alleged or actual failure to warn about exposures to Acrylamide in the Product manufactured, distributed, sold or offered for sale by DeLallo, before the Effective Date. 4.2 ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Company Inc.’s Release of EHA DeLallo, on its own behalf and on behalf of its past and current agents, representatives, attorneys, successors, and assignees, hereby waives any and all claims against CRC EHA and its attorneys and other representatives, for any and all actions taken, taken or statements made by CRC EHA and its attorneys and other representatives, whether in the course of investigating claims, otherwise seeking to enforce Proposition 65 against it in this matter, or with respect to the Product.