Common use of Clear and Reasonable Warnings Clause in Contracts

Clear and Reasonable Warnings. If 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], 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 shall use the phrase "cancer and" in the Warning if has reason to believe that the "Daily Lead Exposure Level" is greater than 15 micrograms of lead or if 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 checkout page in full text 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 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. 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." 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, 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 Xxxxx 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 leadCadmium, 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 shall use the phrase "cancer and" in the Warning if has reason to believe that the "Daily Lead Exposure Level" is greater than 15 micrograms of lead or if has reason to believe that another Proposition 65 chemical is present which may require a cancer warning. – xxx.X00Xxxxxxxx.xx.xxx/xxxx 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 checkout page in full text 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 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. 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." Xxxxx 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 If Proposition 65 warnings for cadmium should no longer be required, Xxxxx shall have no further obligations pursuant to this Settlement Agreement, 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 PastryBase 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 leadCadmium, 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 shall use the phrase "cancer and" in the Warning if has reason to believe that the "Daily Lead Exposure Level" is greater than 15 micrograms of lead or if has reason to believe that another Proposition 65 chemical is present which may require a cancer warning. – xxx.X00Xxxxxxxx.xx.xxx/xxxx 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 checkout page 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 purchase 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. 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." PastryBase 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 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, 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 Productcontainer.

Clear and Reasonable Warnings. If FWF 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 – xxxx://xxx.X00Xxxxxxxx.xx.xxx/food FWF shall use the phrase "“cancer and" ” in the Warning only if FWF has reason to believe that the "Daily Lead Exposure Level" daily lead exposure is greater than 15 micrograms of lead or if has reason to believe that another Proposition 65 chemical is present which may require a cancer warninglead. 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 checkout page 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 purchase 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. 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." FWF 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, 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 DITK 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 leadcadmium, 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 shall use the phrase "cancer and" in the Warning if has reason to believe that the "Daily Lead Exposure Level" is greater than 15 micrograms of lead or if has reason to believe that another Proposition 65 chemical is present which may require a cancer warning. – xxx.X00Xxxxxxxx.xx.xxx/xxxx 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 checkout page in full text 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 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. 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." The warning must be set off from other surrounding information, enclosed in a box. If consumer information on the package is in a foreign language, the warning must also be provided in the foreign language. DITK 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, 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 Xxx Xxxx 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], ] 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 – xxx.X00Xxxxxxxx.xx.xxx/xxxx Xxx Xxxx shall use the phrase "“cancer and" ” in the Warning if has reason to believe that the "“Daily Lead Exposure Level" ” is greater than 15 micrograms of lead or if has reason to believe that another Proposition 65 chemical is present which may require a cancer warningLead. 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 checkout page in full text 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 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. 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." If consumer information on the package is in a foreign language, the warning must also be provided in the foreign language. Xxx Xxxx 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, 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 Xxxxxx 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], ] birth defects or other reproductive harm. For more information go to xxx.X00Xxxxxxxx.xx.xxx/xxxx Option 2: WARNING: [Cancer and] Reproductive Harm xxxx://xxx.x00xxxxxxxx.xx.xxx/food – xxx.X00Xxxxxxxx.xx.xxx/xxxx Xxxxxx shall use the phrase "“cancer and" ” in the Warning if has reason to believe that the "“Daily Lead Exposure Level" ” is greater than 15 micrograms of lead or if has reason to believe that another Proposition 65 chemical is present which may require a cancer warninglead. 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 checkout page in full text 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 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. 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." If consumer information on the package is in a foreign language, the warning must also be provided in the foreign language. Xxxxxx 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. 3. For purposes PENALTIES PURSUANT TO HEALTH & SAFETY CODE SECTION In settlement of all the claims referred to in this Settlement Agreement, may satisfy $1,500.00 shall be considered a “civil penalty.” The penalty payment will be allocated in accordance with California Health & Safety Code section 25249.12(c)(1) & (d), with 75% (i.e., $1,125.00) of the warning requirement by providing funds remitted to the required information in compliance with 27 C.C.R. § 25600.2 California Office of Environmental Health Hazard Assessment (2020"OEHHA") and the remaining 25% (i.e., $375.00) of the penalty remitted to any business that is subject to Proposition 65 to which it is selling or transferring the Covered ProductXxxxxxxxxx.