Common use of Clear and Reasonable Warnings Clause in Contracts

Clear and Reasonable Warnings. For any Covered Products manufactured after the Effective Date that do not qualify as Reformulated Covered Products and are directly sold or offered for sale in California by Lost Empire after the Effective Date, Lost Empire shall only sell or offer said non-reformulated Covered Products for sale in California when accompanied with one of the following warnings: WARNING: Consuming this product can expose you to [chemicals including] lead which is [are] known to the State of California to cause [cancer and] birth defects and other reproductive harm. For more information go to: xxx.X00xxxxxxxx.XX.xxx/xxxx” OR: WARNING: [Cancer and] Reproductive Harm – xxx.X00Xxxxxxxx.xx.xxx/xxxx” Lost Empire shall use the phrase “cancer and” in the warning if Lost Empire has reason to believe that the “Daily Lead Exposure Level” is greater than 15 micrograms of lead or if Lost Empire has reason to believe that another Proposition 65 chemical is present which may require a cancer warning. The words “chemicals including” may be omitted from the warning content if the warning is being provided for an exposure to lead only. The Warning shall be provided through one of the following methods: (1) a product- specific warning provided on a posted sign, shelf tag, or shelf sign, for the consumer product at each point of display of the product; or (2) a product-specific warning provided via any electronic device or process that automatically provides the warning to the purchaser prior to or during the purchase of the consumer product, without requiring the purchaser to seek out the warning; or (3) a warning on the label that is securely affixed to or printed upon the label and complies with this Section 2.3. If the warning is provided on the label, it must be set off from other surrounding information and enclosed in a box. In addition, for any Covered Product sold over the internet where a California delivery address is indicated, the warning shall be provided either by including the warning on the product display page, by otherwise prominently displaying the warning to the purchaser during the checkout process prior to completing the purchase, or by any other means authorized under Section 25607.1 of Title 27 of the California Code of Regulations. An asterisk or other identifying method must be utilized to identify which products on the checkout page are subject to the warning. Given Lost Empire’s lack of control over third-party websites, the online warning requirements expressed in this Section apply only to Covered Products sold through Lost Empire’s website. With respect to any downstream reseller customers of Lost Empire who are subject to Proposition 65, Lost Empire may give written notice, including labels, labeling, shelf signs, or tags bearing the warning, and all other necessary warning materials, to the authorized agent of such downstream reseller customers. Such written notice shall instruct the downstream reseller customers that the labels, labeling, shelf signs, or tags bearing the warning must be displayed on or in proximity to the Covered Products with such conspicuousness, as compared with other words, statements or designs as to render the warning likely to be seen, read, and understood by an ordinary individual prior to sale. In the event Lost Empire provides the warning pursuant to OPTION 2, above, the entire warning must be in a type size no smaller than the largest size used for other consumer information on the product, and in no case shall the warning appear in a type size smaller than 6-point type. For all warnings, the word “WARNING” shall be in all capital letters in bold print. Any additional statements in the warning shall comply with Title 27, California Code of Regulations, Section 25601(e). If subsequently enacted changes to Proposition 65 or its implementing regulations require the use of additional or different information on any warning specifically applicable to the Covered Products (the “New Safe Harbor Warning”), the Parties agree that the New Safe Harbor warning may be utilized in place of or in addition to, as applicable, the warnings set forth in this Section.

Clear and Reasonable Warnings. For any Covered Products manufactured after that are not Reformulated Products, such Products shall be accompanied by a clear and reasonable warning. Xxxxx Xxxxxxxx shall provide a warning statement substantially similar to the Effective Date that do not qualify as Reformulated Covered Products and are directly sold or offered for sale in California by Lost Empire after the Effective Date, Lost Empire shall only sell or offer said non-reformulated Covered Products for sale in California when accompanied with one of the following warningsfollowing: WARNING: Consuming this This product can expose you to [chemicals including] lead Lead which is [are] known to the State of California to cause [cancer and] and birth defects and or other reproductive harm. For more information go to: xxx.X00xxxxxxxx.XX.xxx/xxxx” OR: to xxx.X00Xxxxxxxx.xx.xxx. OR WARNING: [Cancer and] and Reproductive Harm – xxx.X00Xxxxxxxx.xx.xxx/xxxxxxx.X00Xxxxxxxx.xx.xxx If Xxxxx Xxxxxxxx has reason to believe the Products may expose consumers to additional chemicals listed under Proposition 65, then it may replace “Lead which is” Lost Empire shall use the phrase with “cancer andchemicals, including Lead, which are” in the warning if Lost Empire has reason to believe that the “Daily Lead Exposure Level” is greater than 15 micrograms of lead or if Lost Empire has reason to believe that another Proposition 65 chemical is present which may require a cancer warningstatement. The words “chemicals including” may be omitted from the warning content if the warning is being provided for an exposure to lead only. The Warning shall be provided through one of the following methods: (1) a product- specific warning provided on a posted sign, shelf tag, or shelf sign, for the consumer product at each point of display of the product; or (2) a product-specific warning provided via any electronic device or process that automatically provides the warning to the purchaser prior to or during the purchase of the consumer product, without requiring the purchaser to seek out the warning; or (3) a warning on the label that is securely affixed to or printed upon the label and complies with this Section 2.3. If the warning is provided on the label, it must be set off from other surrounding information and enclosed in a box. In addition, for any Covered Product sold over the internet where a California delivery address is indicated, the warning shall be provided either accompanied by including a symbol consisting of a black exclamation point in a yellow equilateral triangle with a bold black outline. Where the warning on label for the product display pageis not printed using the color yellow, by otherwise prominently displaying the warning symbol may be printed in black and white. The symbol shall be placed to the purchaser during the checkout process prior to completing the purchase, or by any other means authorized under Section 25607.1 of Title 27 left of the California Code text of Regulations. An asterisk or other identifying method must be utilized to identify which products on the checkout page are subject to the warning. Given Lost Empire’s lack of control over third-party websites, the online warning requirements expressed in this Section apply only to Covered Products sold through Lost Empire’s website. With respect to any downstream reseller customers of Lost Empire who are subject to Proposition 65, Lost Empire may give written notice, including labels, labeling, shelf signs, or tags bearing the warning, and all other necessary in a size no smaller than the height of the word “WARNING”. The Products shall carry said warning materialsdirectly on each unit, to the authorized agent of such downstream reseller customers. Such written notice shall instruct the downstream reseller customers that the labels, labeling, shelf signslabel, or tags bearing the warning must be displayed on or in proximity to the Covered Products package, with such conspicuousness, conspicuousness as compared with other words, statements or designs as to render the warning it likely to be seen, read, read and understood by an ordinary individual consumer prior to sale. In A Product that is sold by Xxxxx Xxxxxxxx on the event Lost Empire provides internet to persons located in California shall also provide the warning pursuant to OPTION 2, above, the entire warning must be in message by a type size no smaller than the largest size used for other consumer information clearly marked hyperlink on the productproduct display page, and in no case or otherwise prominently displayed to the purchaser before the purchaser completes his or her purchase of the Product. For Products that Xxxxx Xxxxxxxx provides for a downstream entity to sell on the internet, Xxxxx Xxxxxxxx shall include an instruction that the entity comply with the warning appear in a type size smaller than 6-point type. For all warnings, the word “WARNING” shall be in all capital letters in bold print. Any additional statements in the warning shall comply with Title 27, California Code requirements of Regulations, Section 25601(e). If subsequently enacted changes to Proposition 65 or its implementing regulations require the use of additional or different information on any warning specifically applicable to the Covered Products (the “New Safe Harbor Warning”), the Parties agree that the New Safe Harbor warning may be utilized in place of or in addition to, as applicable, the warnings set forth in this Sectionsection.

Clear and Reasonable Warnings. For any A Covered Products manufactured Product shipped, sold or offered for sale by the IKEA Parties after the Effective Date that do not qualify may, as Reformulated Covered Products and are directly an alternative to meeting the Reformulation Levels, be sold or offered for sale in California by Lost Empire after with a Clear and Reasonable Warning that complies with the Effective Date, Lost Empire provisions of Section 3.2. A Clear and Reasonable Warning under this Agreement shall only sell or offer said non-reformulated Covered Products for sale in California when accompanied with one of the following warningsstate either: WARNING: Consuming this This product can expose you to contains [chemicals includinga] lead which is [arechemical[s] known to the State of California to cause cancer [cancer and] and birth defects and or other reproductive harm]. Or Consuming this product can expose you to chemicals including acrylamide, which is known to the State of California to cause cancer [and birth defects or other reproductive harm]. For more information go to xxx.X00Xxxxxxxx.xx.xxx/xxxx. Or Consuming this product can expose you to chemicals including acrylamide [ and ], which are known to the State of California to cause cancer [and birth defects or other reproductive harm]. For more information go to xxx.X00Xxxxxxxx.xx.xxx/xxxx. In any case, the word “WARNING” shall be displayed in all capital letters and bold print, and the bracketed text may, but is not required to: xxx.X00xxxxxxxx.XX.xxx/xxxx” OR: WARNING: [Cancer and] Reproductive Harm – xxx.X00Xxxxxxxx.xx.xxx/xxxx” Lost Empire shall use the phrase “cancer and” in the warning if Lost Empire has reason to believe that the “Daily Lead Exposure Level” is greater than 15 micrograms of lead or if Lost Empire has reason to believe that another Proposition 65 chemical is present which may require a cancer warning, be used. The words “chemicals including” may be omitted from the warning content if the warning is being provided for an exposure to lead only. The Warning statement shall be provided through one of the following methods: (1) a product- specific warning provided prominently displayed on a posted label, labeling or sign, shelf tag, or shelf sign, for the consumer product at each point of display of the product; or (2) a product-specific warning provided via any electronic device or process that automatically provides the warning to the purchaser prior to or during the purchase of the consumer product, without requiring the purchaser to seek out the warning; or (3) a warning on the label that is securely affixed to or printed upon the label and complies with this Section 2.3. If the warning is provided on the label, it must be set off from other surrounding information and enclosed in a box. In addition, for any Covered Product sold over the internet where a California delivery address is indicated, the warning shall be provided either by including the warning on the product display page, by otherwise prominently displaying the warning to the purchaser during the checkout process prior to completing the purchase, or by any other means authorized under Section 25607.1 of Title 27 of the California Code of Regulations. An asterisk or other identifying method must be utilized to identify which products on the checkout page are subject to the warning. Given Lost Empire’s lack of control over third-party websites, the online warning requirements expressed in this Section apply only to Covered Products sold through Lost Empire’s website. With respect to any downstream reseller customers of Lost Empire who are subject to Proposition 65, Lost Empire may give written notice, including labels, labeling, shelf signs, or tags bearing the warning, and all other necessary warning materials, to the authorized agent of such downstream reseller customers. Such written notice shall instruct the downstream reseller customers that the labels, labeling, shelf signs, or tags bearing the warning must be displayed on or in proximity to the Covered Products with such conspicuousness, as compared with other words, statements designs or designs devices on the label, labeling, or sign, as to render the warning likely to be seen, read, read and understood by an ordinary individual prior to saleunder customary conditions of purchase or use. In the event Lost Empire provides the warning pursuant to OPTION 2, above, the entire warning must be in a type size no smaller than the largest size used for other consumer information on the product, and in no case shall the warning appear in a type size smaller than 6-point type. For all warnings, the word “WARNING” shall be in all capital letters in bold print. Any additional statements in the The warning shall otherwise comply with Title 27, applicable provisions of 27 California Code of RegulationsRegulations § 25601, Section 25601(e)et seq. If subsequently enacted changes as currently in force and as they may be amended from time to Proposition 65 or its implementing time, including with respect to those regulations require which shall become operative on August 30, 2018. For the use avoidance of additional or different information on any warning specifically applicable to the Covered Products (the “New Safe Harbor Warning”)doubt, the Parties parties agree that the New Safe Harbor form of warning may be utilized in place use by IKEA Parties at the time of or in addition tothe execution of this Agreement, a copy of which is attached hereto as applicableExhibit “A”, the warnings set forth in this Sectionconforms to existing law.

Clear and Reasonable Warnings. 2.2.1 For any Covered Products manufactured after that are not Reformulated Products, such Products shall be accompanied by a clear and reasonable warning. Zoetop shall use a warning with the Effective Date that do not qualify as Reformulated Covered Products capitalized and are directly sold or offered for sale in California by Lost Empire after emboldened wording substantially similar to the Effective Date, Lost Empire shall only sell or offer said nonfollowing: (Long-reformulated Covered Products for sale in California when accompanied with one of the following warnings: Form Warning): WARNING: Consuming this This product can expose you to chemicals including DEHP [chemicals includingand/or DBP and/or Lead] lead 1, which is [are] are known to the State of California to cause [cancer and] and birth defects and or other reproductive harm. For more information go to: xxx.X00xxxxxxxx.XX.xxx/xxxx” OR: WARNING: [Cancer and] Reproductive Harm – xxx.X00Xxxxxxxx.xx.xxx/xxxx” Lost Empire to xxx.X00Xxxxxxxx.xx.xxx. Or (Short-Form Warning): The warning shall use be accompanied by a symbol consisting of a black exclamation point in a yellow equilateral triangle with a bold black outline. Where the phrase “cancer and” label for the product is not printed using the color yellow, the symbol may be printed in black and 1 In accordance with 27 Cal. Code Regs., section 25603, operative Aug. 30, 2018, the warning if Lost Empire has reason to believe that the “Daily Lead Exposure Level” is greater than 15 micrograms of lead or if Lost Empire has reason to believe that another Proposition 65 chemical is present which may require a cancer warning. The words “chemicals including” may be omitted from the warning content if the warning is being provided for an exposure to lead only. The Warning shall be provided through must expressly identify at least one of the following methods: (1) a product- specific warning provided on a posted signListed Chemicals present in the Product, shelf tag, or shelf sign, for as applicable. Language within the consumer product at each point of display brackets is optional. white. The symbol shall be placed to the left of the product; text of the warning, in a size no smaller than the height of the word “WARNING”. 2.2.2 Each Product sold in a physical store in California shall carry a warning directly on each unit or (2) a productits label or package, with such conspicuousness as compared with other words, statements or designs as to render it likely to be read and understood by an ordinary consumer prior to sale. Alternatively, Zoetop may provide the Long-specific Form warning provided via any through an electronic device or process that automatically provides the warning to the purchaser (e.g., such as on a self-checkout screen and not solely on a purchase receipt) prior to or during completion of the purchase of the consumer product, without requiring . 2.2.3 Zoetop shall provide the purchaser to seek out the warning; or (3) a Long-Form warning for each Product it sells on the label that internet (or the Short-Form Warning, but only if it is securely affixed to or printed upon the label and complies with this Section 2.3. If the warning is also provided on the label, it must be set off from other surrounding information and enclosed in Product or its label or package) by a box. In addition, for any Covered Product sold over the internet where a California delivery address is indicated, the warning shall be provided either by including the warning clearly marked hyperlink on the product display page, or by otherwise prominently displaying the warning to the purchaser during before the checkout process prior to completing the purchase, purchaser completes his or by any other means authorized under Section 25607.1 of Title 27 her purchase of the California Code of RegulationsProduct. An asterisk or other identifying method must be utilized For Products that Zoetop provides for another entity to identify which products sell on the checkout page are subject internet, Zoetop shall provide notice to the warningsuch entity pursuant to 27 Cal. Given Lost Empire’s lack Code Regs. § 25600.2(b) of control over third-party websites, the online warning requirements expressed in this Section apply only to Covered Products sold through Lost Empire’s website. With respect to any downstream reseller customers of Lost Empire who are subject to Proposition 65, Lost Empire may give written notice, including labels, labeling, shelf signs, or tags bearing the warning, and all other necessary warning materials, to the authorized agent of such downstream reseller customers. Such written notice shall instruct the downstream reseller customers that the labels, labeling, shelf signs, or tags bearing the warning must be displayed on or in proximity to the Covered Products with such conspicuousness, as compared with other words, statements or designs as to render the warning likely message to be seen, read, and understood by an ordinary individual prior to sale. In provided for any online sales of the event Lost Empire provides the warning pursuant to OPTION 2, above, the entire warning must be in a type size no smaller than the largest size used for other consumer information on the product, and in no case shall the warning appear in a type size smaller than 6-point type. For all warnings, the word “WARNING” shall be in all capital letters in bold print. Any additional statements in the warning shall comply with Title 27, California Code of Regulations, Section 25601(e). If subsequently enacted changes to Proposition 65 or its implementing regulations require the use of additional or different information on any warning specifically applicable to the Covered Products (the “New Safe Harbor Warning”), the Parties agree that the New Safe Harbor warning may be utilized in place of or in addition to, as applicable, the warnings set forth in this SectionProduct.