INJUNCTIVE RELIEF: REFORMULATION AND WARNINGS. As of the Effective Date, Xxxxxxxx shall manufacture, import, or otherwise source for authorized sale in California only Reformulated Products, as defined pursuant to Section 2.1 below, unless such Products are labeled with a clear and reasonable Proposition 65 warning pursuant to Section 2.2 below. Products that were supplied to third parties by Xxxxxxxx prior to the Effective Date shall be deemed exempted from the requirements of this Section 2 and shall be permitted to be sold through as previously manufactured, packaged and labeled.
INJUNCTIVE RELIEF: REFORMULATION AND WARNINGS. As of the Effective Date, Empire, at its sole discretion, agrees to either (a) cease selling, offering for sale or distributing the Products in California, (b) manufacture, import, or otherwise source for authorized sale in California only Reformulated Products, as defined pursuant to Section 2.1 below, or (c) provide a clear and reasonable Proposition 65 warning on the Products pursuant to Section 2.2 below.
INJUNCTIVE RELIEF: REFORMULATION AND WARNINGS. Not later than 90 days after the Effective Date, the Products that Harbor Freight manufactures, imports, or otherwise sources for authorized sale in California shall be: (a) Reformulated Products, as defined pursuant to Section 2.1 below; or (b) labeled with a clear and reasonable Proposition 65 warning pursuant to Section 2.2 below; or (c) discontinued for sale in California. This Section and its subsections shall not apply to Products that are in Harbor Freight’s inventory or that were supplied to third parties by Harbor Freight or that are otherwise placed in the stream of commerce at any time up to 90 days after the Effective Date. Such Products shall be deemed exempted from the requirements of this Section 2 and shall be permitted to be sold through as previously manufactured, packaged and labeled.
INJUNCTIVE RELIEF: REFORMULATION AND WARNINGS. As of the Effective Date, Daesang, at its sole discretion, agrees to either (a) cease selling, offering for sale or distributing the Products in California, (b) manufacture, import, or otherwise source for authorized sale in California only Reformulated Products, as defined pursuant to Section 2.1 below, or (c) provide a clear and reasonable Proposition 65 warning on the Products pursuant to Section 2.2 below. Products manufactured within six (6) months after the Effective Date are not bound by the injunctive terms set forth in this Section 2, and are instead permitted to be sold as is to California consumers and are expressly released by Section 5 of this Agreement.
INJUNCTIVE RELIEF: REFORMULATION AND WARNINGS. 2.1 Commencing on the Effective Date and continuing thereafter, Starwest shall only ship, sell, or offer for sale in California Reformulated Products pursuant to Section 2.2, or Products bearing Proposition 65 warnings pursuant to Section 2.3.
INJUNCTIVE RELIEF: REFORMULATION AND WARNINGS. As of the Effective Date, Xx Xxxxx, at its sole discretion, agrees to either (a) cease selling, offering for sale or distributing the Products in California, (b) manufacture, import, or otherwise source for authorized sale in California only Reformulated Products, as defined pursuant to Section 2.1 below, or (c) provide a clear and reasonable Proposition 65 warning on the Products pursuant to Section 2.2 below.
INJUNCTIVE RELIEF: REFORMULATION AND WARNINGS. As of the Effective Date, Momentum, at its sole discretion, agrees to either (a) cease selling, offering for sale or distributing the Products in California, (b) manufacture, import, or otherwise source for authorized sale in California only Reformulated Products, as defined pursuant to Section 2.1 below, or (c) provide a clear and reasonable Proposition 65 warning on the Products pursuant to Section 2.2 below.
INJUNCTIVE RELIEF: REFORMULATION AND WARNINGS. As of the Effective Date, MTC, at its sole discretion, agrees to either (a) cease selling, offering for sale or distributing the Products in California, (b) manufacture, import, or otherwise source for authorized sale in California only Reformulated Products, as defined pursuant to Section 2.1 below, or (c) provide a clear and reasonable Proposition 65 warning to accompany the Products pursuant to Section 2.2 below.
INJUNCTIVE RELIEF: REFORMULATION AND WARNINGS. As of the Effective Date, Blue Chip, at its sole discretion, agrees to either (a) cease selling, offering for sale or distributing the Products in California, (b) manufacture, import, or otherwise source for authorized sale in California only Reformulated Products, as defined pursuant to Section 2.1 below, or (c) provide a clear and reasonable Proposition 65 warning on the Products pursuant to Section 2.2 below.
INJUNCTIVE RELIEF: REFORMULATION AND WARNINGS. As of the Effective Date, Pacific shall manufacture, import, or otherwise source for authorized sale in California only Reformulated Products, as defined pursuant to Section 2.1 below, unless such Products are labeled with a clear and reasonable Proposition 65 warning pursuant to Section 2.2 below. Products that were supplied to Pacific by third parties and/or by Pacific to third parties prior to the Effective Date shall be deemed exempted from the requirements of this Section 2 and shall be permitted to be sold through as previously manufactured, packaged and labeled. Compliance by Pacific with this Settlement Agreement constitutes compliance with Proposition 65 with respect to exposure to DEHP from use of the Products.
