Accrual of Seniority Seniority shall accrue during:
Public Benefit It is Xxxxx Xxxx’x understanding that the commitments it has agreed to herein, and actions to be taken by Xxxxx Xxxx under this Settlement Agreement, would confer a significant benefit to the general public, as set forth in Code of Civil Procedure § 1021.5 and Cal. Admin. Code tit. 11, § 3201. As such, it is the intent of Xxxxx Xxxx that to the extent any other private party initiates an action alleging a violation of Proposition 65 with respect to Xxxxx Xxxx failure to provide a warning concerning exposure to DEHP prior to use of the Products it has manufactured, distributed, sold, or offered for sale in California, or will manufacture, distribute, sell, or offer for sale in California, such private party action would not confer a significant benefit on the general public as to those Products addressed in this Settlement Agreement, provided that Xxxxx Xxxx is in material compliance with this Settlement Agreement.