Compliance with Proposition 65. The Parties agree and intend for compliance with the terms of this Section 2 to constitute compliance with Proposition 65 with respect to exposures to lead from the Covered Products. The requirements for warnings, set forth above, are imposed pursuant to the terms of this Settlement Agreement. The Parties recognize that these are not the exclusive methods of providing a warning under Proposition 65 and its implementing regulations. The Parties agree that Sunwarrior and Releasees (as defined herein) shall be deemed to be in compliance with Proposition 65 and this Agreement as it relates to Covered Products by adhering to this Section 2 or by complying with warning requirements set forth under California Health & Safety Code §25249.5, et seq. and/or adopted by the State of California’s Office of Environmental Health Hazard Assessment (“OEHHA”) applicable to the product and the exposure at issue that are in effect after the Effective Date.
Compliance with Proposition 65. The Parties agree that compliance with the terms of this Agreement shall constitute compliance by Harbor Freight with Proposition 65 for the Products with respect to any alleged failure to warn about DEHP and/or Lead from the Products manufactured, distributed, or sold by Harbor Freight after the Effective Date.
Compliance with Proposition 65. The Parties intend and agree that compliance by Lifestyle Products with this Settlement Agreement constitutes compliance with Proposition 65 with respect to exposure to DEHP from the Products.
Compliance with Proposition 65. Compliance with the terms of this Agreement shall be deemed to constitute compliance with Proposition 65 by any of the Released Parties regarding alleged exposures to lead in the Covered Products.
Compliance with Proposition 65. SUBCONTRACTOR shall comply with all provisions of "Proposition 65" (California State Drinking Water Act of 1986, California statutes) which shall include, but not be limited to, posting with the prior written submission to, at the time submittals are made and with the written permission of PRESTON PIPELINES, any required notices. SUBCONTRACTOR shall not use or bring on to the PROJECT any of the chemicals or compounds listed by the California State Attorney General from time to time under the provisions of Proposition 65 (the List) without delivering a clear written notice, at the time submittals are written, to PRESTON PIPELINES, General Contractor, and OWNER informing them of the dates and locations where such items shall be delivered, used, or stored. Notwithstanding anything to the contrary contained or indicated herein or in any of the contract documents or purchase orders or anywhere else, SUBCONTRACTOR shall not incorporate into the work, or allow to be incorporated into the work, any of the items on such list without specific advanced written notice having first been delivered to PRESTON PIPELINES prior to SUBCONTRACTOR becoming actually contractually obligated to purchase or take delivery thereof from its suppliers, and then only to the extent PRESTON PIPELINES gives clear written approval of the uses proposed in the notice. The notice shall contain clear descriptions of the type, amount, uses, locations and content of such items incorporated into or used in said work. SUBCONTRACTOR expressly acknowledges and agrees that it shall indemnify and hold harmless PRESTON PIPELINES, General Contractor and OWNER from any and all claims, demands, suits or liability of whatsoever nature by reason of the use or possession of the items set forth on the list at the PROJECT.
Compliance with Proposition 65. Contractor is required to comply with the provisions of California Health and Safety Code § 25249.5, et seq., which requires the posting and giving of notice to persons who may be exposed to any chemical known to the State of California to cause cancer. The Contractor agrees to familiarize itself with such statutory provisions and to fully comply with the requirements set forth therein.
