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: OPTION 1: 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: OPTION 2: 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 Commencing on the Effective Date that do not qualify as Reformulated Covered and continuing thereafter, for any Products and are directly sold or offered distributed for sale in California by Lost Empire after U.S. Wire that are not Reformulated Products, U.S. Wire will only offer such Products with a clear and reasonable warning in accordance with this Section and/or Title 27 California Code of Regulations section 25600, et seq., as amended from time to time.1 U.S. Wire further agrees that any warning used will be prominently placed in relation to the Effective DateProducts with such conspicuousness when compared with other words, Lost Empire shall only sell statements, designs, or offer said non-reformulated Covered Products for sale in California when accompanied with devices as to render it likely to be read and understood by an ordinary individual under customary conditions of purchase or use. For purposes of this Settlement Agreement, a legible warning transmitted according to the above criteria, and affixed directly to a Product or its accompanying labeling or packaging containing one of the following warnings: OPTION 1statements shall be deemed clear and reasonable: WARNING: Consuming this This product can expose you to chemicals [chemicals including] lead [lead,] [DINP,] [and] [DEHP], 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 toto www.P65Warnings.ca.gov2 1 Products that were acquired or supplied to third parties (including Airgas) by U.S. Wire prior to the Effective Date, which contain some attempt to transmit health hazard warnings to the end user shall be deemed exempted from the requirements of Section 2 and are permitted to be sold through as previously manufactured, packaged and labeled. 2 The bracketed language shown above is semi-optional subject to the following: xxx.X00xxxxxxxx.XX.xxx/xxxxGiven the variable nature of the chemical content of the feedstock used for the PVC jacketing on the Products, U.S. Wire may elect to use one or more of the bracketed references to the chemicals shown above; however, if U.S. Wire elects to use only the reference to DINP, it shall end the sentence in question immediately following the word “cancer” OR: OPTION 2: and or WARNING: This product can expose you to chemicals [Cancer including] [lead,] [DINP,] [and] Reproductive Harm – xxx.X00Xxxxxxxx.xx.xxx/xxxx” Lost Empire shall use [DEHP], which are known to the phrase “State of California to cause cancer and” and birth defects or other reproductive harm. For more information go to www.P65Warnings.ca.gov.3 If U.S. Wire sells Products via an internet website to customers located in California, the warning if Lost Empire has reason to believe that the “Daily Lead Exposure Level” is greater than 15 micrograms requirements 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 this section, where applicable, shall be omitted from the warning content satisfied if the foregoing warning is being provided for an exposure to lead only. The Warning shall be provided through one of the following methodsappears either: (1a) on the same web page on which a product- specific warning provided Product is displayed and/or described; (b) on a posted sign, shelf tag, or shelf sign, the same page as the price for the consumer product at each point of display of the productProduct; or (2c) a product-specific warning provided via any electronic device on one or process that automatically provides the warning to the purchaser more web pages displayed 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 process. Alternatively, a symbol consisting of a black exclamation point in a yellow or white equilateral triangle may appear adjacent to completing or immediately following the purchasedisplay, description, price, or by any other means authorized under Section 25607.1 of Title 27 checkout listing of the California Code of Regulations. An asterisk or other identifying method must be utilized to identify which products Product, provided the warning statement appears elsewhere on the checkout same web page are subject in a manner that clearly associates it with the product(s) 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 which 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 Sectionapplies.

Clear and Reasonable Warnings. For any As of the Effective Date, Fulham Group includes with all 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 one of the Effective Datewarning statements set forth on Exhibit A, Lost Empire shall only sell or offer said non-reformulated attached hereto. When Fulham Group next changes the packaging for the Covered Products but in any event no later than August 31, 2018, for all Covered Products offered for sale in California when accompanied with California, Fulham Group shall include one of the following warnings: OPTION 1warning statements: WARNING: Consuming Chemicals known to the state of California to cause birth defects or other reproductive harm, including carbon monoxide, are produced by combustion of propane, charcoal or wood when used with this product. Or, WARNING: Use of this product with propane, charcoal or wood can expose you to [chemicals including] lead carbon monoxide, which is [are] a combustion byproduct known to the State of California to cause [cancer and] birth defects and or other reproductive harm. For more information go to: xxx.X00xxxxxxxx.XX.xxx/xxxx” OR: OPTION 2: 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 warningxxx.X00Xxxxxxxx.xx.xxx. 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 statements 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 on packaging for Covered Products, as well as printed in the label and complies with this Section 2.3Covered Products’ instruction booklets (if any). 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 The warnings 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 statements, designs, or designs devices as to render the warning them likely to be seen, read, read and understood by an ordinary individual prior to saleunder customary conditions of purchase or use. Warnings may be contained in the same section of the instruction booklets that contain other safety warnings concerning the use of the Covered Products. The type size of the warning must be legible, and no smaller than any other warning provided with the Covered Products. The word “WARNING:” shall be in upper case letters and bold text. Fulham Group may utilize a symbol consisting of a black exclamation point in a yellow equilateral triangle with a bold black outline or a black exclamation point in a white triangle with black border if no yellow is used in the section of the packaging, print or online material regarding the Covered Products that contains other warning language regarding use of the Covered Products. In the event Lost Empire provides that the Office of Environmental Health Hazard Assessment promulgates one or more regulations requiring or permitting warning pursuant to OPTION 2, text and/or methods of transmission different from those set forth 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” Fulham Group shall be entitled to use, at its discretion, such other warning text and/or method of transmission without being deemed in all capital letters in bold print. Any additional statements in the warning shall comply with Title 27, California Code breach 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 SectionAgreement.

Clear and Reasonable Warnings. For any Covered Products manufactured after the Effective Date that do not qualify as Reformulated Covered Products and that are directly sold or offered for sale in California by Lost Empire Chemi-Source after the Effective Date, Lost Empire Chemi-Source shall only sell or offer for sale said non-non- reformulated Covered Products for sale in California when accompanied with by one of the following Proposition 65 warnings: OPTION 1: [California Proposition 65] 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 or other reproductive harm. For more information go to: xxx.X00xxxxxxxx.XX.xxx/xxxxxxx.X00Xxxxxxxx.xx.xxx/xxxx” OROr: OPTION 2: [California Proposition 65] WARNING: [Cancer and] Reproductive Harm – xxx.X00Xxxxxxxx.xx.xxx/xxxx” Lost Empire Language in brackets is optional, but Chemi-Source shall use the phrase “cancer and” in the warning if Lost Empire Chemi-Source has reason to believe that the “Daily Lead Exposure Level” is greater than 15 micrograms of lead or if Lost Empire Chemi-Source has reason to believe that another Proposition 65 listed 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 warning provided pursuant to Section 2.3 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 prominently affixed to or printed upon on the Covered Product’s container, packaging, or label with such conspicuousness, as compared with other words, statements, or designs, as to render it likely to be read and complies with this Section 2.3understood by an ordinary individual under customary conditions of purchase or use. If the warning is provided on the Covered Product 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 from Chemi-Source’s website where a California delivery address is indicated, the warning or a clearly marked hyperlink to the warning using the word(s) “[California Proposition 65] WARNING” (language in brackets optional) 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 25600 et seq. 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 Chemi-Source 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 information” on the productproduct label as defined in 27 Cal. Code of Regs. § 25600(c), 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 No later than 120 days after the Effective Date that do not qualify as Reformulated Date, Covered Products and are directly sold distributed, 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 include one of the following warnings: OPTION 1warning statements: WARNING: Consuming Chemicals known to the state of California to cause birth defects or other reproductive harm, including carbon monoxide, are produced by combustion of propane, charcoal or wood when used with this product. Or, WARNING: This product can expose you to [chemicals including] lead carbon monoxide, which is [are] a combustion byproduct known to the State of California to cause [cancer and] birth defects and or other reproductive harm. For more information go to: xxx.X00xxxxxxxx.XX.xxx/xxxx” OR: OPTION 2: 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 warningxxx.X00Xxxxxxxx.xx.xxx. 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 statements 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 on packaging for Covered Products, as well as printed in the label and complies with this Section 2.3Covered Products’ instruction booklets (if any). 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 The warnings 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 statements, designs, or designs devices as to render the warning them likely to be seen, read, read and understood by an ordinary individual prior to saleunder customary conditions of purchase or use. In Warnings may be contained in the event Lost Empire provides same section of the warning pursuant to OPTION 2, above, instruction booklets that contains other safety warnings concerning the entire use of the Covered Products. The type size of the warning must be in a type size legible, and no smaller than any other warning provided with 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 typeCovered Products. For all warnings, the The word “WARNING:” shall be in all capital upper case letters and bold text. Defendant may utilize a symbol consisting of a black exclamation point in a yellow equilateral triangle with a bold print. Any additional statements black outline or a black exclamation point in a white triangle with black border if no yellow is used in the warning shall comply with Title 27section of the packaging, California Code of Regulations, Section 25601(e). If subsequently enacted changes to Proposition 65 print or its implementing regulations require the use of additional or different information on any warning specifically applicable to online material regarding the Covered Products (that contains other warning language regarding use of 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 SectionCovered Products.

Clear and Reasonable Warnings. For any Covered Products manufactured after Commencing on the Effective Date that do not qualify as Reformulated Covered and continuing thereafter, for any Products and are directly sold or offered distributed for sale in California by Lost Empire after the Effective DateWirthCo that are not Reformulated Products, Lost Empire shall only WirthCo agrees to sell or only offer said non-reformulated Covered such Products for sale with a clear and reasonable warning in accordance with this Section or title 27, California Code of Regulations section 25601, et seq. WirthCo further agrees that any warning used will be prominently placed in relation to the Product with such conspicuousness when accompanied compared with one other words, statements, designs, or devices as to render it likely to be read and understood by an ordinary individual under customary conditions of purchase or use. For purposes of this Settlement Agreement, a clear and reasonable warning for the Products satisfying the above criteria that is affixed directly to a Product or its accompanying labeling or packaging containing the following warnings: OPTION 1statement shall be deemed clear and reasonable: WARNING: Consuming this This product can expose you to chemicals including Di(2-ethylhexyl)phthalate (DEHP) [chemicals including] lead optional identification of additional chemical(s) in product], 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/xxxxto xxx.X00Xxxxxxxx.xx.xxx or the following “short-form” OR: OPTION 2warning: WARNING: [Cancer and] and Reproductive Harm – xxx.X00Xxxxxxxx.xx.xxx/xxxx” Lost Empire shall use the phrase “cancer and” in the - www.P65Warnings.ca.gov1 1 This short-form 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 used only on the warning content if the warning is being provided for an exposure to lead onlyProduct, Product label (as defined in 27 Cal. The Warning shall be provided through one of the following methods: (1) a product- specific warning provided on a posted sign, shelf tagCode Regs. § 25600.1(i), or shelf sign, for the consumer product at each point as part 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 an 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 type size used for other consumer information (as defined in section 25600.1(c)) on the productProduct or Product label, and If WirthCo sells Products via an internet website to customers located in no case shall California, the warning appear requirements of this section shall be satisfied if the foregoing warning appears either: (a) on the same page on which a Product is displayed and/or described; (b) in a type size smaller than 6-point type. For all warnings, clearly marked hyperlink using the word “WARNING” shall be on the Product display page; (c) on the same page as the price for the Product; or (d) on one or more web pages displayed to a purchaser prior to purchase during the checkout process. Alternatively, a symbol consisting of a black exclamation point in all capital letters in bold print. Any additional statements in a yellow or white equilateral triangle may appear adjacent to or immediately following the display, description, price, or checkout listing of the Product, provided that the warning shall comply statement appears elsewhere on the same web page in a manner that clearly associates it with Title 27, California Code of Regulations, Section 25601(e). If subsequently enacted changes the Product(s) to Proposition 65 or its implementing regulations require which 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 Sectionapplies.

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 Giant Sports International Limited Liability Company after the Effective Date, Lost Empire Giant Sports International Limited Liability Company shall only sell or offer said non-reformulated Covered Products for sale in California when accompanied with one of the following warnings: OPTION 1: WARNING: Consuming this product can expose you to chemicals including [chemicals includinglead] lead [and] [cadmium] 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: OPTION 2: WARNING: [Cancer and] Reproductive Harm – xxx.X00Xxxxxxxx.xx.xxx/xxxx” Lost Empire Giant Sports International Limited Liability Company shall use the phrase “cancer and” in the warning if Lost Empire Giant Sports International Limited Liability Company has reason to believe that the “Daily Lead Exposure Level” is greater than 15 micrograms of lead or if Lost Empire Giant Sports International Limited Liability Company has reason to believe that another Proposition 65 chemical is present which may require a cancer warning. As identified in the brackets, the warning shall appropriately reflect whether there is lead or cadmium present in each of the Covered Products. The words “chemicals including” may be omitted deleted from the warning content if the warning is being provided for an exposure to lead onlya single chemical. The Warning warning provided pursuant to Section 2.3 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 prominently affixed to or printed upon on the Covered Product’s packaging or label with such conspicuousness, as compared with other words, statements, or designs as to render it likely to be read and complies with this Section 2.3understood by an ordinary individual under customary conditions of purchase or use. 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 Giant Sports International Limited Liability Company 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 the Effective Date that do not qualify as Reformulated Covered Products and are directly sold or offered for sale in California by Lost Empire Apothekary after the Effective Date, Lost Empire Apothekary shall only sell or offer said non-reformulated Covered Products for sale in California when accompanied with one of the following warnings: OPTION 1: 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: OPTION 2: WARNING: [Cancer and] Reproductive Harm – xxx.X00Xxxxxxxx.xx.xxx/xxxx” Lost Empire shall use the phrase “cancer and” in the The warning if Lost Empire has reason provided pursuant 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 Section 2.3 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 prominently affixed to or printed upon on the Covered Product’s packaging or label with such conspicuousness, as compared with other words, statements, or designs as to render it likely to be read and complies with this Section 2.3understood by an ordinary individual under customary conditions of purchase or use. If the warning is provided on the label, it must be set off from other surrounding information and enclosed in a box. In the event Apothekary 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. Further, for Option 2 Warning, a symbol consisting of a black exclamation point in a yellow equilateral triangle with a bold black outline must be placed to the left of the text of the warning in a size no smaller than the height of the word “WARNING”. If the sign, label, or shelf tag for the product is not printed using the color yellow, the symbol may be provided in black and white. 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). In the event that warnings requirements under Proposition 65 are modified after the Effective Date, Apothekary reserves the right to amend the form and content of its warning label so long as it remains consistent with legal and regulatory requirements. 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. The Warning may be provided with a conspicuous hyperlink stating “WARNING” in all capital and bold letters so long as the hyperlink goes to a page directly to a page prominently displaying the Warning without content that detracts from the Warning. Given Lost EmpireApothekary’s lack of control over third-party websites, the online warning requirements expressed in this Section section only apply only to the Covered Products when sold through Lost EmpireApothekary’s website. With respect to any downstream reseller customers of Lost Empire Apothekary who are subject to Proposition 65, Lost Empire Apothekary may give written notice, including labels, labeling, shelf signs, or tags bearing the warning, Warning and all other necessary warning materials, 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 Warning must be displayed on or in proximity to the Covered Products with such conspicuousness, as compared with other words, statements statements, or designs designs, as to render the warning 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 that warnings requirements under Proposition 65 or are modified after the Effective Date, Apothekary reserves the right to amend the form and content of 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, label so long as applicable, the warnings set forth in this Sectionit remains consistent with legal and regulatory requirements.

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 state either: [PROPOSITION 65] WARNING: This product contains [a] chemical[s] known to the State of California to cause cancer [and birth defects or offer said non-reformulated Covered Products for sale in California when accompanied with one of the following warnings: OPTION 1: other reproductive harm]. Or [PROPOSITION 65] WARNING: Consuming this product can expose you to [chemicals including] lead including acrylamide, which is [are] known to the State of California to cause cancer [cancer and] and birth defects and or other reproductive harm]. For more information go to: xxx.X00xxxxxxxx.XX.xxx/xxxx” OR: OPTION 2: to xxx.X00Xxxxxxxx.xx.xxx/xxxx. Or [PROPOSITION 65] WARNING: Consuming this product can expose you to chemicals including acrylamide [ and ], which are known to the State of California to cause cancer [Cancer and] Reproductive Harm – and birth defects or other reproductive harm]. For more information go to xxx.X00Xxxxxxxx.xx.xxx/xxxx. In any case, the word “WARNING” Lost Empire shall use be displayed in all capital letters and bold print, and the phrase “cancer and” in the warning if Lost Empire has reason to believe that the “Daily Lead Exposure Level” bracketed text may, but 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 warningnot required to, 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. For any XYZ affixed the warnings below to the packaging for all filament Covered Products manufactured after beginning on July 15, 2019. XYZ has affixed the Effective Date that do not qualify as Reformulated warnings below to the packaging for all 3D printer Covered Products and are directly sold or offered for sale in California by Lost Empire after the Effective Datebeginning on January 20, Lost Empire shall only sell or offer said non-reformulated Covered Products for sale in California when accompanied with one of the following warnings: OPTION 1: 2020. WARNING: Consuming this This product can expose you to [chemicals including] lead including styrene which is [are] known to the State of California to cause [cancer and] birth defects and other reproductive harmcancer. For more information go to: xxx.X00xxxxxxxx.XX.xxx/xxxx” OR: OPTION 2: information, visit xxx.X00Xxxxxxxx.xx.xxx. XYZ will continue to provide such warnings for all Covered Products distributed or offered for sale in California, but will modify the warning for 3D printers as follows within 45 days of the Effective Date. For 3D Printers WARNING: [Cancer and] Reproductive Harm – xxx.X00Xxxxxxxx.xx.xxx/xxxx” Lost Empire This 3D Printer - when used with a styrene filament (ABS / HIPS / or PC- ABS) can expose you to chemicals, including Styrene, which is known to the State of California to cause cancer. For more information, visit www.P65 Xxxxxxxx.xx.xxx. XYZ shall use affix the phrase “cancer and” above warning statements to or print them on the Covered Products packaging, and print the warning statements in the warning Covered Products’ instruction booklets (if Lost Empire has reason to believe any). XYZ shall also ensure 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 warning statements are included in any online material promoting the Covered Products 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 viewed by consumers in California - on a posted sign, shelf tag, each Covered Products’ display page 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 statement 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 The 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 statements 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 statements, designs, or designs devices as to render the warning them likely to be seen, read, read and understood by an ordinary individual prior to saleunder customary conditions of purchase or use. In Warnings may be contained in the event Lost Empire provides same section of the warning pursuant to OPTION 2, above, instruction booklets that contains other safety warnings concerning the entire use of the Covered Products. The type size of the warning must be in a type size legible, and no smaller than any other warning provided with the largest size used for other consumer information on the product, Covered Products and in no case shall the warning appear in a type size smaller less than 6-twelve (12) point typefont. 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.The word