Common use of Clear and Reasonable Warnings Clause in Contracts

Clear and Reasonable Warnings. Coda agrees that as of the Effective Date and continuing thereafter, all Products it sells and/or distributes in California (except for those Products already in the stream of commerce, as provided in Section 2.3, below) which do not qualify as Reformulated Products, will bear a clear and reasonable warning pursuant to this Section. Coda further agrees that the warning will be prominently placed with such conspicuousness when compared with other words, statements, designs or devices as to render it likely to be read and understood by an ordinary individual under customary conditions of use. For purposes of this Settlement Agreement, a clear and reasonable warning for the Product shall consist of a warning affixed to the packaging, label, tag, or directly to a Product sold in California and containing one of the following statements: WARNING: This product contains DEHP, a chemical known to the State of California to cause birth defects or other reproductive harm. Or WARNING: This product contains chemicals known to the State of California to cause cancer and birth defects (and other reproductive harm).

Clear and Reasonable Warnings. Coda agrees that as of Commencing the Effective Date and continuing thereafter, all for any Products it sells and/or distributes sold or distributed for sale in California (except for those Products already in the stream of commerce, as provided in Section 2.3, below) which by Bigmouth that do not qualify as Reformulated ProductsProducts under Section 2.2, will bear above, Bigmouth agrees to only offer such Products for sale with a clear and reasonable warning pursuant to in accordance with this Section. Coda Bigmouth further agrees that the any warning will be prominently placed in relation to the Product with such conspicuousness when compared with other words, statements, designs designs, or devices devises 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 Product Products satisfying these criteria shall consist of a warning affixed to the packaging, label, tag, or directly to a Product sold in California and or its accompanying labeling or packaging containing one of the following statements: WARNING: This product contains DEHP, a chemical known to the State of California to cause birth defects or other reproductive harm. Or or WARNING: This product contains chemicals Lead, a chemical known to the State of California to cause cancer and birth defects (and or other reproductive harm). or WARNING: This product contains Lead and DEHP, chemicals that are known to the State of California to cause birth defects or other reproductive harm.