Common use of Clear and Reasonable Warnings Clause in Contracts

Clear and Reasonable Warnings. If Mindful is required to provide a warning pursuant to Section 2.1, one of the following warnings must be utilized ("Warning"): Option 1: WARNING: Consuming this product can expose you to lead, 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 WARNING: Cancer and Reproductive Harm – xxxx://xxx.X00Xxxxxxxx.xx.xxx/food Mindful shall use the phrase “cancer and” in the Warning only if Mindful has reason to believe that the daily lead exposure is greater than 15 micrograms of lead or if Mindful has reason to believe that another Proposition 65 chemical is present which may require a cancer warning. The Warning shall be securely affixed to or printed upon the label of each Covered Product set off from other surrounding information. In addition, for any Covered Product sold over the internet, the Warning shall appear on the product display page, or by otherwise prominently displaying the warning to the purchaser prior to completing the purchase in full text (either the Option 1 Warning or the Option 2 Warning consistent with the option selected for the label warning) or through a clearly marked hyperlink using the word "WARNING" in all capital and bold letters when a California delivery address is indicated for any purchaser of any Covered Product. If a hyperlink is used, the hyperlink must go directly to a page prominently displaying either the Option 1 Warning or the Option 2 Warning without content that detracts from the Warning. An asterisk or other identifying method must be utilized to identify which products on the checkout page are subject to the Warning. The Warning shall be at least the same size as the largest of any other health or safety warnings also appearing on the website or on the label and the word "WARNING" shall be in all capital letters and in bold print. No statements intended to or likely to have the effect of diminishing the impact of the Warning on the average lay person shall accompany the Warning. Further, no statements may accompany the Warning that state or imply that the source of the listed chemical has an impact on or results in a less harmful effect of the listed chemical. Mindful must display the above Warning with such conspicuousness, as compared with other words, statements or designs on the label, or on its website, if applicable, to render the Warning likely to be read and understood by an ordinary individual under customary conditions of purchase or use of the product. For purposes of this Settlement Agreement, the term "label" means a display of written, printed or graphic material that is printed on or affixed to a Covered Product or its immediate container or wrapper.

Clear and Reasonable Warnings. If Mindful Nuzest USA is required to provide a warning pursuant to Section 2.13.1, one of the following warnings warning must be utilized ("“Warning"): 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 and] birth defects or other reproductive harm. For more information go to xxx.X00Xxxxxxxx.xx.xxx/xxxx WARNING: Cancer and Reproductive Harm – xxxx://xxx.X00Xxxxxxxx.xx.xxx/food Mindful xxx.X00Xxxxxxxx.xx.xxx/xxxx. Nuzest USA shall use the phrase “cancer and” in the Warning only if Mindful has reason to believe that the daily lead exposure “Daily Lead Exposure Level” is greater than 15 micrograms of lead as determined pursuant to the quality control methodology set forth in Section 3.4 or if Mindful Nuzest USA has reason to believe that another Proposition 65 chemical is present which may require at a level requiring the cancer warning. The Warning shall be securely affixed to or printed upon the label labels of each the Covered Product Products and it must be set off from other surrounding informationinformation and enclosed in a box. Nuzest USA represents that it complied with this warning method, without the phrase “cancer and,” prior to receiving the Notices and it agrees that it shall continue that practice. In addition, for any Covered Product sold over the internet, the Warning shall appear either on the product Covered Product’s primary display page, page or by otherwise prominently displaying on the warning to the purchaser prior to completing the purchase in full text (either the Option 1 Warning or the Option 2 Warning consistent with the option selected for the label warning) or through a clearly marked hyperlink using the word "WARNING" in all capital and bold letters checkout page when a California delivery address is indicated for any purchaser purchase of any Covered Product. If a hyperlink is usedthe Warning appears on the checkout page, the hyperlink must go directly to a page prominently displaying either the Option 1 Warning or the Option 2 Warning without content that detracts from the Warning. An an asterisk or other identifying method must be utilized to identify which products product on the checkout page are is 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 directly to a page prominently displaying the Warning without content that detracts from the Warning. Nuzest USA represents that it has added a clearly marked hyperlink using the word “WARNING” on the primary product display pages for the Covered Products. The hyperlink links to the Warning. Except as provided in the next paragraph, below, Nuzest USA shall continue to provide the Warning on labels and for internet sales in accordance with this Section 3.2 after the Effective Date, so long as the Warning is required pursuant to Section 3.1 of this Agreement. The label Warning is not required if: (1) Nuzest USA provides notice and warning materials to the “authorized agent” for a business or retail seller in full compliance with Title 27, Cal Code of Regs., Section 25600.2(b)-(c) (in effect as of the Effective Date of this Agreement); or (2) a packing insert no smaller than 3 inches by 5 inches or the invoice accompanies the Covered Product(s) and provides the clear and conspicuous Warning in accordance with this Section 3.2 and identifies which product(s) are subject to it. When the Warning is provided on the label, however, as an alternative to printing the Warning on the label, the warning may be securely affixed to the label, e.g., via sticker. The Warning shall be at least the same size as the largest of any other health or safety warnings also appearing on the website or on the label and the label. The word "“WARNING" ” shall be in all capital letters and in bold print. No statements intended to or likely to have the effect of diminishing the impact of of, or reducing the clarity of, the Warning on the average lay person shall accompany the Warning. Further, no statements may accompany the Warning that state or imply that the source of the listed chemical has an impact on or results in a less harmful effect of the listed chemical. Mindful Nuzest USA must display the above Warning with such conspicuousness, as compared with other words, statements statements, or designs on the label, or on its website, if as applicable, to render the Warning likely to be read and understood by an ordinary individual under customary conditions of purchase or use of the product. For purposes of this Settlement Agreement, the term "label" means a display of written, printed or graphic material that is printed on or affixed to a Covered Product or its immediate container or wrapper.

Clear and Reasonable Warnings. If Mindful is required to provide a warning pursuant to Section 2.1No later than 120 days after the Effective Date, Covered Products distributed, or offered for sale in California shall include one of the following warnings must be utilized ("Warning"): 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 leadcarbon monoxide, which is a combustion byproduct 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 WARNING: Cancer and Reproductive Harm – xxxx://xxx.X00Xxxxxxxx.xx.xxx/food Mindful shall use the phrase “cancer and” in the Warning only if Mindful has reason to believe that the daily lead exposure is greater than 15 micrograms of lead or if Mindful has reason to believe that another Proposition 65 chemical is present which may require a cancer warningxxx.X00Xxxxxxxx.xx.xxx. The Warning warning statements shall be securely affixed to or printed upon on packaging for Covered Products, as well as printed in the label of each Covered Product set off from other surrounding information. In addition, for any Covered Product sold over the internet, the Warning shall appear on the product display page, or by otherwise prominently displaying the warning to the purchaser prior to completing the purchase in full text Products’ instruction booklets (either the Option 1 Warning or the Option 2 Warning consistent with the option selected for the label warning) or through a clearly marked hyperlink using the word "WARNING" in all capital and bold letters when a California delivery address is indicated for any purchaser of any Covered Product. If a hyperlink is used, the hyperlink must go directly to a page prominently displaying either the Option 1 Warning or the Option 2 Warning without content that detracts from the Warning. An asterisk or other identifying method must be utilized to identify which products on the checkout page are subject to the Warningif any). The Warning warnings shall be at least the same size as the largest of any other health or safety warnings also appearing on the website or on the label and the word "WARNING" shall be in all capital letters and in bold print. No statements intended to or likely to have the effect of diminishing the impact of the Warning on the average lay person shall accompany the Warning. Further, no statements may accompany the Warning that state or imply that the source of the listed chemical has an impact on or results in a less harmful effect of the listed chemical. Mindful must display the above Warning displayed with such conspicuousness, as compared with other words, statements or designs on the labelstatements, designs, or on its website, if applicable, devices as to render the Warning them likely to be read and understood by an ordinary individual under customary conditions of purchase or use. Warnings may be contained in the same section of the instruction booklets that contains other safety warnings concerning the use of the productCovered Products. For purposes The type size of this Settlement Agreementthe warning must be legible, and no smaller than any other warning provided with the term "label" means Covered Products. The word “WARNING:” shall be in upper case letters and bold text. Defendant may utilize a display symbol consisting of writtena 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, printed print or graphic online material regarding the Covered Products that is printed on or affixed to a contains other warning language regarding use of the Covered Product or its immediate container or wrapperProducts.

Clear and Reasonable Warnings. If Mindful is required In the alternative to provide a warning pursuant to Section 2.1reformulation, GFV shall use one of the following warnings must be utilized ("Warning"):) for the Covered Products: Option 1: WARNING: Consuming this product can expose you to chemicals including lead, which is known to the State of California to cause [cancer and and], birth defects or other reproductive harm. For more information go to xxx.X00Xxxxxxxx.xx.xxx/xxxx WARNING: [Cancer and and] Reproductive Harm – xxxx://xxx.X00Xxxxxxxx.xx.xxx/food Mindful xxxx://xxx.x00xxxxxxxx.xx.xxx/food GFV shall use the phrase “"cancer and” " in the Warning only if Mindful GFV has reason to believe that the daily lead exposure level is greater than 15 micrograms of lead or if Mindful GFV has reason to believe that another Proposition 65 chemical is present which may require a cancer warning. The Warning shall be securely affixed to or printed upon the label of each Covered Product and it must be set off from other surrounding information. GFV shall provide the same Warning—in full text or through a hyperlink—on any website it controls that sells the Covered Products in California. In addition, for GFV shall inform any third-party website to which it sells its Covered Product sold over Products to include the internet, the Warning shall appear on the product display page, or by otherwise prominently displaying the warning to the purchaser prior to completing the purchase same Warning—in full text (either the Option 1 Warning or the Option 2 Warning consistent with the option selected for the label warning) or through a clearly marked hyperlink using hyperlink—as a condition of selling the word "WARNING" in all capital and bold letters when a California delivery address is indicated for any purchaser of any Covered ProductProducts. If a hyperlink is used, the hyperlink must go directly to a page prominently displaying either the Option 1 Warning or the Option 2 Warning without content that detracts from the Warning. An asterisk or other identifying method must be utilized to identify which products on the checkout page are subject to the Warning. The Warning shall be at least the same size as the largest of any other health or safety warnings also appearing on the website or on the label and the word "WARNING" shall be in all capital letters and in bold print. No statements intended to or likely to have the effect of significantly diminishing the impact of the Warning on the average lay person shall accompany the Warning. Further, no statements may accompany the Warning that state or imply that the source of the listed chemical has an impact on or results in a less harmful effect of the listed chemical. Mindful must display For the above Warning Option 2 Warning, a symbol consisting of a black exclamation point in a yellow equilateral triangle with such conspicuousness, as compared with other words, statements or designs on a bold black outline shall be placed to the label, or on its website, if applicable, to render the Warning likely to be read and understood by an ordinary individual under customary conditions of purchase or use left of the product. text of the Warning, in a size no smaller than the height of the word ''WARNING." For purposes of this Settlement Agreement, the term "label" means a display of written, printed or graphic material that is printed on or affixed to a Covered Product or its immediate container or wrapper. For purposes of this Settlement Agreement, GFV may satisfy the warning requirement by providing the required information in compliance with 27 C.C.R. § 25600.2 (2020) to any business that is subject to Proposition 65 to which it is selling or transferring the Covered Products.

Clear and Reasonable Warnings. If Mindful is required to provide a As of the Effective Date, Fulham Group includes with all Covered Products offered for sale in California one of the warning pursuant to Section 2.1statements set forth on Exhibit A, 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, Fulham Group shall include one of the following warnings must be utilized ("Warning"): 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 leadcarbon monoxide, which is a combustion byproduct 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 WARNING: Cancer and Reproductive Harm – xxxx://xxx.X00Xxxxxxxx.xx.xxx/food Mindful shall use the phrase “cancer and” in the Warning only if Mindful has reason to believe that the daily lead exposure is greater than 15 micrograms of lead or if Mindful has reason to believe that another Proposition 65 chemical is present which may require a cancer warningxxx.X00Xxxxxxxx.xx.xxx. The Warning warning statements shall be securely affixed to or printed upon on packaging for Covered Products, as well as printed in the label of each Covered Product set off from other surrounding information. In addition, for any Covered Product sold over the internet, the Warning shall appear on the product display page, or by otherwise prominently displaying the warning to the purchaser prior to completing the purchase in full text Products’ instruction booklets (either the Option 1 Warning or the Option 2 Warning consistent with the option selected for the label warning) or through a clearly marked hyperlink using the word "WARNING" in all capital and bold letters when a California delivery address is indicated for any purchaser of any Covered Product. If a hyperlink is used, the hyperlink must go directly to a page prominently displaying either the Option 1 Warning or the Option 2 Warning without content that detracts from the Warning. An asterisk or other identifying method must be utilized to identify which products on the checkout page are subject to the Warningif any). The Warning warnings shall be at least the same size as the largest of any other health or safety warnings also appearing on the website or on the label and the word "WARNING" shall be in all capital letters and in bold print. No statements intended to or likely to have the effect of diminishing the impact of the Warning on the average lay person shall accompany the Warning. Further, no statements may accompany the Warning that state or imply that the source of the listed chemical has an impact on or results in a less harmful effect of the listed chemical. Mindful must display the above Warning displayed with such conspicuousness, as compared with other words, statements or designs on the labelstatements, designs, or on its website, if applicable, devices as to render the Warning them likely to be read and understood by an ordinary individual under 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 productCovered Products. For purposes 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 that the Office of Environmental Health Hazard Assessment promulgates one or more regulations requiring or permitting warning text and/or methods of transmission different from those set forth above, Fulham Group shall be entitled to use, at its discretion, such other warning text and/or method of transmission without being deemed in breach of this Settlement Agreement, the term "label" means a display of written, printed or graphic material that is printed on or affixed to a Covered Product or its immediate container or wrapper.

Clear and Reasonable Warnings. If Mindful Calbee is required to provide a warning pursuant to Section 2.1, one of the following warnings must be utilized ("Warning"): Option 1: WARNING: Consuming this product can expose you to chemicals including lead, which is known to the State of California to cause [cancer and and] birth defects or other reproductive harm. For more information go to xxx.X00Xxxxxxxx.xx.xxx/xxxx WARNING: [Cancer and and] Reproductive Harm – xxxx://xxx.X00Xxxxxxxx.xx.xxx/food Mindful xxxx://xxx.x00xxxxxxxx.xx.xxx/food Calbee shall use the phrase “"cancer and” " in the Warning only if Mindful Calbee has reason to believe that in some batches of the daily lead exposure is Covered Products, the "Daily Lead Exposure Level" may be greater than 15 micrograms of lead or if Mindful Calbee has reason to believe that another Proposition 65 chemical is present which may require a cancer warning. The Warning shall be securely affixed to or printed upon the label of each of the Covered Product Products, and it must be set off from other surrounding information. In addition, for any Covered Product Products sold over the internetinternet by Calbee or its distributor(s), the Warning shall appear on the product display page, or by otherwise prominently displaying the warning to the purchaser prior to completing the purchase checkout page in full text (either the Option 1 Warning or the Option 2 Warning consistent with the option selected for the label warning) or through a clearly marked hyperlink using the word "WARNING" in all capital and bold letters when a California delivery address is indicated for any purchaser purchase of any Covered Product. If a hyperlink is used, the hyperlink must go directly to a page prominently displaying either the Option 1 Warning or the Option 2 Warning without content that detracts from the Warning. An asterisk or other identifying method must be utilized to identify which products on the checkout page are subject to the Warning. The Warning shall be at least the same size as the largest of any other health or safety warnings also appearing on the website or on the label and the word "WARNING" shall be in all capital letters and in bold print. No statements intended to or likely to have the effect of diminishing the impact of the Warning on the average lay person shall accompany the Warning. Further, no statements may accompany the Warning that state or imply that the source of the listed chemical has an impact on or results in a less harmful effect of the listed chemical. Mindful For the Option 2 Warning, a symbol consisting of a black exclamation point in a yellow equilateral triangle with a bold black outline shall be placed to the left of the text of the Warning, in a size no smaller than the height of the word ''WARNING." Calbee must display the above Warning with such conspicuousness, as compared with other words, statements or designs on the label, or on its website, if applicable, to render the Warning likely to be read and understood by an ordinary individual under customary conditions of purchase or use of the product. For purposes of this Settlement Agreement, the term "label" means a display of written, printed or graphic material that is printed on or affixed to a the Covered Product Products or its their immediate container containers or wrapperwrappers. For purposes of this Settlement Agreement, Calbee may satisfy the warning requirement by providing the required information in compliance with 27 C.C.R. § 25600.2 (2020) to any business that is subject to Proposition 65 to which it is selling or transferring the Covered Products.

Clear and Reasonable Warnings. If Mindful is required In the alternative to provide a warning pursuant to Section 2.1reformulation, GFV shall use, one of the following warnings must be utilized ("Warning"):) for the Covered Product: Option 1: WARNING: Consuming this product can expose you to chemicals including lead, which is known to the State of California to cause [cancer and and], birth defects or other reproductive harm. For more information go to xxx.X00Xxxxxxxx.xx.xxx/xxxx WARNING: [Cancer and and] Reproductive Harm – xxxx://xxx.X00Xxxxxxxx.xx.xxx/food Mindful xxxx://xxx.x00xxxxxxxx.xx.xxx/food GFV shall use the phrase “"cancer and” " in the Warning only if Mindful GFV has reason to believe that the daily lead exposure level is greater than 15 micrograms of lead or if Mindful GFV has reason to believe that another Proposition 65 chemical is present which may require a cancer warning. The Warning shall be securely affixed to or printed upon the label of each the Covered Product and it must be set off from other surrounding information. GFV shall provide the same Warning—in full text or through a hyperlink—on any website it controls that sells the Covered Product in California. In addition, for GFV shall inform any third-party website to which it sells its Covered Product sold over to include the internet, the Warning shall appear on the product display page, or by otherwise prominently displaying the warning to the purchaser prior to completing the purchase same Warning—in full text (either the Option 1 Warning or the Option 2 Warning consistent with the option selected for the label warning) or through a clearly marked hyperlink using hyperlink—as a condition of selling the word "WARNING" in all capital and bold letters when a California delivery address is indicated for any purchaser of any Covered Product. If a hyperlink is used, the hyperlink must go directly to a page prominently displaying either the Option 1 Warning or the Option 2 Warning without content that significantly detracts from the Warning. An asterisk or other identifying method must be utilized to identify which products product on the checkout page are subject to the Warning. The Warning shall be at least the same size as the largest of any other health or safety warnings also appearing on the website or on the label and the word "WARNING" shall be in all capital letters and in bold print. No statements intended to or likely to have the effect of significantly diminishing the impact of the Warning on the average lay person shall accompany the Warning. Further, no statements may accompany the Warning that state or imply that the source of the listed chemical has an impact on or results in a less harmful effect of the listed chemical. Mindful must display For the above Warning Option 2 Warning, a symbol consisting of a black exclamation point in a yellow equilateral triangle with such conspicuousness, as compared with other words, statements or designs on a bold black outline shall be placed to the label, or on its website, if applicable, to render the Warning likely to be read and understood by an ordinary individual under customary conditions of purchase or use left of the product. text of the Warning, in a size no smaller than the height of the word ''WARNING." For purposes of this Settlement Agreement, the term "label" means a display of written, printed or graphic material that is printed on or affixed to a the Covered Product or its immediate container or wrapper. For purposes of this Settlement Agreement, GFV may satisfy the warning requirement by providing the required information in compliance with 27 C.C.R. § 25600.2 (2020) to any business that is subject to Proposition 65 to which it is selling or transferring the Covered Product.

Clear and Reasonable Warnings. If Mindful Forager is required to provide a warning pursuant to Section 2.13.1, one of the following warnings must be utilized ("Warning"):) unless the law, regulations, or case law requires otherwise: Option 1: WARNING: Consuming this product can expose you to chemicals including lead, which is known to the State of California to cause cancer cancer, birth defects, and birth defects or other reproductive and developmental harm. For more information go to xxx.X00Xxxxxxxx.xx.xxx/xxxx WARNING: [Cancer and] Reproductive and Reproductive Developmental Harm – xxxx://xxx.X00Xxxxxxxx.xx.xxx/food Mindful xxxx://xxx.x00xxxxxxxx.xx.xxx/food Forager shall use the phrase “"cancer and” " in the Warning only if Mindful Forager has reason to believe that the daily lead exposure "Daily Lead Exposure Level" is greater than 15 micrograms of lead or if Mindful Forager has reason to believe that another Proposition 65 chemical is present which may require a cancer warning. The Warning shall be securely affixed to or printed upon the label of each Covered Product and it must be set off from other surrounding information. In addition, for any Covered Product sold over the internet, the Warning shall appear on the product display page, or by otherwise prominently displaying the warning to the purchaser prior to completing the purchase checkout page in full text (either the Option 1 Warning or the Option 2 Warning consistent with the option selected for the label warning) or through a clearly marked hyperlink using the word "WARNING" in all capital and bold letters when a California delivery address is indicated for any purchaser purchase of any Covered Product. If a hyperlink is used, the hyperlink must go directly to a page prominently displaying either the Option 1 Warning or the Option 2 Warning without content that detracts from the Warning. An asterisk or other identifying method must be utilized to identify which products on the checkout page are subject to the Warning. The Warning shall be at least the same size as the largest of any other health or safety warnings also appearing on the website or on the label and the word "WARNING" shall be in all capital letters and in bold print. No statements intended to or likely to have the effect of diminishing the impact of the Warning on the average lay person shall accompany the Warning. Further, no statements may accompany the Warning that state or imply that the source of the listed chemical has an impact on or results in a less harmful effect of the listed chemical. Mindful must For the Option 2 Warning, a symbol consisting of a black exclamation point in a yellow equilateral triangle with a bold black outline shall be placed to the left of the text of the Warning, in a size no smaller than the height of the word ''WARNING." Forager will display the above Warning with such conspicuousness, as compared with other words, statements or designs on the label, or on its website, if applicable, to render the Warning likely to be read and understood by an ordinary individual under customary conditions of purchase or use of the product. For purposes of this Settlement Agreement, the term "label" means a display of written, printed or graphic material that is printed on or affixed to a Covered Product or its immediate container or wrapper. For purposes of this Settlement Agreement, when Forager is required to provide a warning for a Covered Product pursuant to Section 2.1, Forager may satisfy the warning requirement by providing the required information in compliance with 27 C.C.R. § 25600.2 (2020) to any business that is subject to Proposition 65 to which it is selling or transferring the Covered Product. If Xxxxxxxxxx alleges that any Covered Product fails to adhere to this Agreement, then Xxxxxxxxxx shall inform Forager in a reasonably prompt manner of its test results, including information sufficient to permit Forager to identify the Covered Products at issue and investigate. The Parties shall first attempt to resolve the matter prior to Xxxxxxxxxx taking any further legal action.

Clear and Reasonable Warnings. If Mindful is required to provide a warning pursuant to Section 2.1For 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 Giant Sports International Limited Liability Company after the Effective Date, 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 must be utilized ("Warning"): Option 1warnings: WARNING: Consuming this product can expose you to chemicals including [lead, ] [and] [cadmium] which is [are] known to the State of California to cause [cancer and and] birth defects or and other reproductive harm. For more information go to xxx.X00Xxxxxxxx.xx.xxx/xxxx to: xxx.X00xxxxxxxx.XX.xxx/xxxx” OR: WARNING: [Cancer and and] Reproductive Harm – xxxx://xxx.X00Xxxxxxxx.xx.xxx/food Mindful xxx.X00Xxxxxxxx.xx.xxx/xxxx” Giant Sports International Limited Liability Company shall use the phrase “cancer and” in the Warning only warning if Mindful Giant Sports International Limited Liability Company has reason to believe that the daily lead exposure “Daily Lead Exposure Level” is greater than 15 micrograms of lead or if Mindful 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 Warning words “chemicals including” may be deleted from the warning content if the warning is being provided for an exposure to a single chemical. The warning provided pursuant to Section 2.3 shall be 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 understood by an ordinary individual under customary conditions of each Covered Product purchase or use. If the warning is provided on the label, it must be set off from other surrounding informationinformation and enclosed in a box. In addition, for any Covered Product sold over the internetinternet where a California delivery address is indicated, the Warning warning shall appear be provided either by including the warning on the product display page, or by otherwise prominently displaying the warning to the purchaser during the checkout process prior to completing the purchase in full text (either purchase, or by any other means authorized under Section 25607.1 of Title 27 of the Option 1 Warning or the Option 2 Warning consistent with the option selected for the label warning) or through a clearly marked hyperlink using the word "WARNING" in all capital and bold letters when a California delivery address is indicated for any purchaser Code of any Covered Product. If a hyperlink is used, the hyperlink must go directly to a page prominently displaying either the Option 1 Warning or the Option 2 Warning without content that detracts from the WarningRegulations. An asterisk or other identifying method must be utilized to identify which products on the checkout page are subject to the Warningwarning. The Warning shall In the event Giant Sports International Limited Liability Company provides the warning pursuant to OPTION 2, above, the entire warning must be at least the same in a type size as no smaller than the largest of any size used for other health or safety warnings also appearing consumer information on the website or on product, and in no case shall the label and warning appear in a type size smaller than 6-point type. For all warnings, the word "“WARNING" ” shall be in all capital letters and in bold print. No Any additional statements intended to or likely to have in the effect warning shall comply with Title 27, California Code of diminishing the impact of the Warning on the average lay person shall accompany the Warning. FurtherRegulations, no statements may accompany the Warning that state or imply that the source of the listed chemical has an impact on or results in a less harmful effect of the listed chemical. Mindful must display the above Warning with such conspicuousness, as compared with other words, statements or designs on the label, or on its website, if applicable, to render the Warning likely to be read and understood by an ordinary individual under customary conditions of purchase or use of the product. For purposes of this Settlement Agreement, the term "label" means a display of written, printed or graphic material that is printed on or affixed to a Covered Product or its immediate container or wrapperSection 25601(e).

Clear and Reasonable Warnings. If Mindful Bedrock is required to provide a warning pursuant to Section 2.13.1, one of the following warnings must be utilized ("Warning"): 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 and] birth defects or other reproductive harm. For more information go to xxx.X00Xxxxxxxx.xx.xxx/xxxx WARNING: Cancer and Reproductive Harm – xxxx://xxx.X00Xxxxxxxx.xx.xxx/food Mindful xxxx://xxx.x00xxxxxxxx.xx.xxx/food Bedrock shall use the phrase “"cancer and” " in the Warning only if Mindful Bedrock has reason to believe that the daily lead exposure "Daily Lead Exposure Level" is greater than 15 micrograms of lead or if Mindful Bedrock has reason to believe that another Proposition 65 chemical is present which may require a cancer warning. The Warning shall be securely affixed to or printed upon the label of each Covered Product and it must be set off from other surrounding information. In addition, for any Covered Product sold by Bedrock over the internet, the Warning shall appear on the product Covered Product’s primary display page, page or by otherwise prominently displaying on the warning to the purchaser prior to completing the checkout page when a California delivery address is indicated for any purchase of any Covered Product in full text (either the Option 1 Warning or the Option 2 Warning consistent with the option selected for the label warning) or through a clearly marked hyperlink using the word "WARNING" in all capital and bold letters when a California delivery address is indicated for any purchaser of any Covered Productletters. If a hyperlink is used, the hyperlink must go directly to a page or popup prominently displaying either the Option 1 Warning or the Option 2 Warning without content that detracts from the Warning. An Where the warning is given at checkout, an asterisk or other identifying method must be utilized to identify which products on the checkout page are subject to the Warning. The Warning shall be at least the same size as the largest of any other health or safety warnings also appearing on the website or on the label and the word "WARNING" shall be in all capital letters and in bold print. No statements intended to or likely to have the effect of diminishing the impact of the Warning on the average lay person shall accompany the Warning. Further, no statements may accompany the Warning that state or imply that the source of the listed chemical has an impact on or results in a less harmful effect of the listed chemical. Mindful Bedrock must display the above Warning with such conspicuousness, as compared with other words, statements or designs on the label, or on its website, if applicable, to render the Warning likely to be read and understood by an ordinary individual under customary conditions of purchase or use of the product. For purposes of this Settlement Agreement, the term "label" means a display of written, printed or graphic material that is printed on or affixed to a Covered Product or its immediate container or wrapper. For purposes of this Settlement Agreement, when Bedrock is required to provide a warning for a Covered Product pursuant to Section 2.1, Bedrock may satisfy the warning requirement by providing the required information in compliance with 27 C.C.R. § 25600.2 (2020) to any business that is subject to Proposition 65 to which it is selling or transferring the Covered Product. If subsequently enacted changes to Proposition 65 or its implementing regulations permit or require the use of additional or different information on any warning specifically applicable to the Covered Products, the Parties agree that such new warning may be utilized in place of or in addition to, as applicable, the Warning set forth in this Section.