Common use of ▇▇▇▇▇’▇ Release of ▇▇▇▇▇▇ Clause in Contracts

▇▇▇▇▇’▇ Release of ▇▇▇▇▇▇. This Settlement Agreement is a full, final, and binding resolution between ▇▇▇▇▇ and ▇▇▇▇▇▇ of any violation of Proposition 65 that was or could have been asserted by ▇▇▇▇▇ on behalf of himself, his past and current agents, representatives, attorneys, successors and/or assignees, against ▇▇▇▇▇▇, its directors, officers, employees, attorneys, parent and corporate affiliates, and each entity to whom ▇▇▇▇▇▇ directly or indirectly distributes or sells Products including, but not limited to, downstream distributors, wholesalers, customers, retailers (including, but not limited to ▇▇-▇▇▇ Stores), franchisees, cooperative members and licensees (“Releasees”), based on the alleged or actual failure to warn about exposures to DEHP in the Products as they were manufactured or distributed before the Effective Date. This release is provided in ▇▇▇▇▇’▇ individual capacity and is not a release on behalf of the public. In further consideration of and reliance on the representations and warranties provided by ▇▇▇▇▇▇ in Section 2.3 above, ▇▇▇▇▇ on behalf of himself, his past and current agents, representatives, attorneys, successors and/or assignees, hereby waives all of his rights to institute or participate in, directly or indirectly, any form of legal action and releases all claims that he may have including, without limitation, all actions, and causes of action, in law or in equity, suits, liabilities, demands, obligations, damages, costs, fines, penalties, losses or expenses, including, but not limited to, investigation fees, expert fees and attorneys’ fees, with respect to Listed Chemicals in the Products as manufactured or distributed before the Effective Date. This release is also provided in ▇▇▇▇▇’▇ individual capacity and is not a release on behalf of the public.