Common use of ▇▇▇▇▇▇▇’▇ Release of The Settling Entity Clause in Contracts

▇▇▇▇▇▇▇’▇ Release of The Settling Entity. This Settlement Agreement is a full, final and binding resolution between ▇▇▇▇▇▇▇, as an individual (and not on behalf of the public yet furthers its health interest), and the Settling Entity, 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 the Settling Entity, Amazon and each of their parents, subsidiaries, affiliated entities under common ownership, directors, officers, employees, attorneys (releasees), based on their failure to warn about alleged exposures to lead contained in the Products that were sold and/or offered for sale in California by the Settling Entity through ▇▇▇▇▇▇.▇▇▇ before the Effective Date, as alleged in the notice. In further consideration of the promises and agreements herein contained, ▇▇▇▇▇▇▇ as an individual and not on behalf of the public, 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 exclusively, investigation fees, expert fees, and attorneys’ fees arising under Proposition 65 with respect to lead in the Products, sold and/or offered for sale by the Settling Entity, before the Effective Date, against the Settling Entity and the releasees. The Parties further understand and agree that this subsection 4.1 release shall not extend upstream to any entities that manufactured the Products or any component parts thereof, or any distributors, importers or suppliers who sold the Products to the Settling Entity. Nothing in this subsection affects ▇▇▇▇▇▇▇’▇ right to commence or prosecute an action under Proposition 65 against a releasee that does not involve the Products branded by the Settling Entity.

▇▇▇▇▇▇▇’▇ Release of The Settling Entity. This Settlement Agreement is a full, final and binding resolution between ▇▇▇▇▇▇▇, as an individual (and not on behalf of the public yet furthers its health interest, unless it is judicially approved, in which case the release would be in furtherance of the public interest), and the Settling Entity, 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 the Settling Entity, Amazon and each of their parents, subsidiaries, affiliated entities under common ownership, directors, officers, employees, attorneys (releasees), based on their failure to warn about alleged exposures to lead contained in the Products that were sold and/or offered for sale in California by the Settling Entity through ▇▇▇▇▇▇.▇▇▇ before the Effective Date, as alleged in the notice. In further consideration of the promises and agreements herein contained, ▇▇▇▇▇▇▇ as an individual and not on behalf of the public, 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 exclusively, investigation fees, expert fees, and attorneys’ fees arising under Proposition 65 with respect to lead in the Products, sold and/or offered for sale by the Settling Entity, before the Effective Date, against the Settling Entity and the releasees. The Parties further understand and agree that this subsection 4.1 release shall not extend upstream to any entities that manufactured the Products or any component parts thereof, or any distributors, importers or suppliers who sold the Products to the Settling Entity. Nothing in this subsection affects ▇▇▇▇▇▇▇’▇ right to commence or prosecute an action under Proposition 65 against a releasee that does not involve the Products branded by the Settling Entity.

▇▇▇▇▇▇▇’▇ Release of The Settling Entity. This Settlement Agreement is a full, final and binding resolution between ▇▇▇▇▇▇▇, as an individual (and not on behalf of the public yet furthers its health interest), and the Settling Entity, 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 the Settling Entity, Amazon and each of their parents, subsidiaries, affiliated entities under common ownership, directors, officers, employees, attorneys (releasees), based on their failure to warn about alleged exposures to lead contained in the Products that were sold and/or offered for sale in California by the Settling Entity settling entity through ▇▇▇▇▇▇.▇▇▇ before the Effective Date, as alleged in the notice. In further consideration of the promises and agreements herein contained, ▇▇▇▇▇▇▇ as an individual and not on behalf of the public, 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 exclusively, investigation fees, expert fees, and attorneys’ fees arising under Proposition 65 with respect to lead in the Products, sold and/or offered for sale by the Settling Entity, before the Effective Date, against the Settling Entity and the releasees. The Parties further understand and agree that this subsection 4.1 release shall not extend upstream to any entities that manufactured the Products or any component parts thereof, or any distributors, importers or suppliers who sold the Products to the Settling Entity. The Parties also understand and agree that this subsection 4.1 release shall not extend to sales of the Products transacted through ▇▇▇▇▇▇.▇▇▇ by third-party entities. Nothing in this subsection affects ▇▇▇▇▇▇▇’▇ right to commence or prosecute an action under Proposition 65 against a releasee that does not involve the Products branded by the Settling Entity.

▇▇▇▇▇▇▇’▇ Release of The Settling Entity. This Settlement Agreement is a full, final and binding resolution between ▇▇▇▇▇▇▇, as an individual (and not on behalf of the public yet furthers its health interest), and the Settling Entity, 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 the Settling Entity, Amazon and each of their parents, subsidiaries, affiliated entities under common ownership, directors, officers, employees, attorneys (releasees), based on their failure to warn about alleged exposures to lead contained in the Products that were sold and/or offered for sale in California by the Settling Entity through ▇▇▇▇▇▇.▇▇▇ before the Effective Date, as alleged in the notice. In further consideration of the promises and agreements herein contained, ▇▇▇▇▇▇▇ as an individual and not on behalf of the public, 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 exclusively, investigation fees, expert fees, and attorneys’ ' fees arising under Proposition 65 with respect to lead in the Products, sold and/or offered for sale by the Settling Entity, before the Effective Date, against the Settling Entity and the releasees. The Parties further understand and agree that this subsection 4.1 release shall not extend upstream to any entities that manufactured the Products or any component parts thereof, or any distributors, importers or suppliers who sold the Products to the Settling Entity. Nothing in this subsection affects ▇▇▇▇▇▇▇’'▇ right to commence or prosecute an action under Proposition 65 against a releasee that does not involve the Products branded by the Settling Entity.

▇▇▇▇▇▇▇’▇ Release of The Settling Entity. This Settlement Agreement is a full, final and binding resolution between ▇▇▇▇▇▇▇, as an individual (and not on behalf of the public yet furthers its health interest), and the Settling Entity, 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 the Settling Entity, Amazon Etsy and each of their its parents, subsidiaries, affiliated entities under common ownership, directors, officers, employees, and attorneys (releasees), based on their failure to warn about alleged exposures to lead contained in the Products that were sold and/or offered for sale in California by the Settling Entity through ▇▇▇▇▇▇.▇▇▇ before the Effective Date, as alleged in the notice. In further consideration of the promises and agreements herein contained, ▇▇▇▇▇▇▇ as an individual and not on behalf of the public, 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 exclusively, investigation fees, expert fees, and attorneys’ fees arising under Proposition 65 with respect to lead in the Products, sold and/or offered for sale by Products against the Settling Entity, before the Effective Datemerchants of the Products limited to sales made on ▇▇▇▇.▇▇▇, against the Settling Entity and the releasees. The Parties further understand and agree that this subsection 4.1 release shall not extend upstream to any entities that manufactured the Products or any component parts thereof, or any distributors, importers or suppliers who sold the Products to the Settling Entity. Nothing in this subsection affects subsection, therefore, shall affect ▇▇▇▇▇▇▇’▇ right to commence or prosecute an action under Proposition 65 against a releasee the Settling Entity and its releasees that does do not involve the Products branded covered by this Settlement Agreement. However, as of the time of this Settlement Agreement, neither ▇▇▇▇▇▇▇ nor its attorneys have any specific knowledge of the presence of any other products sold on the site operated by the Settling Entity that, in their opinion, fail to comply with Proposition 65’s warning requirement. To the extent ▇▇▇▇▇▇▇ identifies any such product in the future, ▇▇▇▇▇▇▇ agrees to advise the Settling Entity in the manner set forth in Section 7, and provide the Settling Entity with 45 business days (calculated from the date notice is provided electronically) to cure any alleged violation prior to issuing any 60-day notice to the Settling Entity. If the alleged violation is cured, ▇▇▇▇▇▇▇ agrees not to take any action to enforce Proposition 65 with respect to the Settling Entity. ▇▇▇▇▇▇▇ represents and warrants neither he nor his agents or attorneys have assigned or otherwise transferred, or attempted to assign, or transfer, any claim or claims against the Settling Entity. ▇▇▇▇▇▇▇ further warrants that neither he nor his agents or attorneys are aware of any other potential private enforcer or attorney who intends to bring litigation based on the subject matter of the Settlement Agreement.