Enforcement of Settlement Agreement. 11.1 Any party may file suit before the Superior Court of the County of Los Angeles, consistent with the terms and conditions set forth in paragraphs 11.2 and 11.3 of this Settlement Agreement, to enforce the terms and conditions contained in this Settlement Agreement. 11.2 The prevailing party shall be entitled to its reasonable attorneys' fees and costs associated with such enforcement. 11.3 No action to enforce this Settlement Agreement may be commenced or maintained, and no notice of violation related to the Covered Products may be served or filed against B&S by SHEFA, unless the party seeking enforcement or alleging violation notifies the other party of the specific acts alleged to breach this Settlement Agreement at least 90 days before serving or filing any action or Notice of Violation and the entity receiving the notice fails to comply with the requirements set forth in Section 11.3 below. 11.4 Any notice to B&S must contain (a) the name of the product, (b) specific dates when the product was sold after the Effective Date in California without reformulation, (c) the store or other place at which the product was available for sale to consumers, and (d) any other evidence or other support for the allegations in the notice. 11.5 Within thirty (30) days of receiving the notice described in Section 11.2, B&S shall either (1) send the store or other place at which the product was available for sale to the public a letter directing that the offending product be immediately removed from inventory and returned to B&S, or (2) refute the information provided under Section 11.2. 11.6 Should the parties be unable to resolve the dispute, any party may seek relief under Section 11.1.
Appears in 2 contracts
Samples: Settlement Agreement, Settlement Agreement
Enforcement of Settlement Agreement. 11.1 10.1 Any party may file suit before the Superior Court of the County of Los Angeles, consistent with the terms and conditions set forth in paragraphs 11.2 and and
11.3 of this Settlement Agreement, to enforce the terms and conditions contained in this Settlement Agreement.
11.2 . The prevailing party shall be entitled to its reasonable attorneys' fees and costs associated with such enforcement.
11.3 10.2 No action to enforce this Settlement Agreement may be commenced or maintained, and no notice of violation related to the Covered Products Product may be served or filed against B&S Powsa by SHEFACAG, unless the party seeking enforcement or alleging violation notifies the other party of the specific acts alleged to breach this Settlement Agreement at least 90 days before serving or filing any action or Notice Notices of Violation and the entity receiving the notice fails to comply with the requirements set forth in Section 11.3 below.
11.4 . Any notice to B&S Powsa must contain contain
(a) the name of the product, (b) specific dates when the product was sold after the Effective Date in California without reformulation, (c) the store or other place at which the product was available for sale to consumers, and (d) any other evidence or other support for the allegations in the notice.
11.5 10.3 Within thirty (30) 30 days of receiving the notice described in Section 11.2, B&S Powsa shall either (1) send the store or other place at which the product was available for sale to the public a letter directing that the offending product be immediately removed from inventory and returned to B&SPowsa for full credit, including shipping costs, or (2) refute the information provided under Section 11.2.
11.6 . Should the parties be unable to resolve the dispute, any party may seek relief under Section 11.1.
Appears in 1 contract
Samples: Settlement Agreement
Enforcement of Settlement Agreement. 11.1 Any party Party may file suit before the Superior Court of the County of Los Angeles, consistent with the terms and conditions set forth in paragraphs 11.2 and 11.3 of this Settlement Agreement, to enforce the terms and conditions contained in this Settlement Agreement.
11.2 . The prevailing party Party shall be entitled to its reasonable attorneys' ’ fees and costs associated with such enforcement.
11.3 11.2 No action to enforce this Settlement Agreement may be commenced or maintained, and no notice of violation related to the Covered Products Product may be served or filed against B&S Accessories Design Group or Downstream Releasee by SHEFACAG, unless the party Party seeking enforcement or alleging violation notifies the other party Party of the specific acts alleged to breach this Settlement Agreement at least 90 days before serving or filing any action or Notice Notices of Violation and the entity receiving the notice fails to comply with the requirements set forth in Section 11.3 below.
11.4 . Any notice to B&S Accessories Design Group must contain (a) the name of the product, (b) specific dates when the product was sold after the Effective Date in California without reformulation, (c) the store or other place at which the product was available for sale to consumers, and (d) any other evidence or other support for the allegations in the notice.
11.5 11.3 Within thirty (30) 30 days of receiving the notice described in Section 11.2, B&S Accessories Design Group shall either (1) send the store or other place at which the product was available for sale to the public a letter directing that the offending product be immediately removed from inventory and returned to B&SAccessories Design Group for full credit, including shipping costs, or (2) refute the information provided under Section 11.2.
11.6 . Should the parties be unable to resolve the dispute, any party Party may seek relief under Section 11.1.
Appears in 1 contract
Samples: Settlement Agreement
Enforcement of Settlement Agreement. 11.1 Any party may file suit before the Superior Court of the County of Los Angeles, consistent with the terms and conditions set forth in paragraphs 11.2 and 11.3 of this Settlement Agreement, to enforce the terms and conditions contained in this Settlement Agreement.
11.2 . The prevailing party shall be entitled to its reasonable attorneys' fees and costs associated with such enforcement.
11.3 11.2 No action to enforce this Settlement Agreement may be commenced or maintained, and no notice of violation related to the Covered Products may be served or filed against B&S Qiantong by SHEFACAG, unless the party seeking enforcement or alleging violation notifies the other party of the specific acts alleged to breach this Settlement Agreement at least 90 days before serving or filing any action or Notice of Violation and the entity receiving the notice fails to comply with the requirements set forth in Section 11.3 below.
11.4 . Any notice to B&S Qiantong must contain (a) the name of the product, (b) specific dates when the product was sold after the Effective Date in California without reformulation, (c) the store or other place at which the product was available for sale to consumers, and (d) any other evidence or other support for the allegations in the notice.
11.5 11.3 Within thirty (30) 30 days of receiving the notice described in Section 11.2, B&S Qiantong shall either (1) send the store or other place at which the product was available for sale to the public a letter directing that the offending product be immediately removed from inventory and returned to B&SQiantong for full credit, including shipping costs, or (2) refute the information provided under Section 11.2.
11.6 . Should the parties be unable to resolve the dispute, any party may seek relief under Section 11.1.
Appears in 1 contract
Samples: Settlement Agreement
Enforcement of Settlement Agreement. 11.1 Any party may file suit before the Superior Court of the County of Los Angeles, consistent with the terms and conditions set forth in paragraphs 11.2 and 11.3 of this Settlement Agreement, to enforce the terms and conditions contained in this Settlement Agreement.
11.2 . The prevailing party shall be entitled to its reasonable attorneys' fees and costs associated with such enforcement.
11.3 11.2 No action to enforce this Settlement Agreement may be commenced or maintained, and no notice of violation related to the Covered Products may be served or filed against B&S First World by SHEFACAG, unless the party seeking enforcement or alleging violation notifies the other party of the specific acts alleged to breach this Settlement Agreement at least 90 days before serving or filing any action or Notice of Violation and the entity receiving the notice fails to comply with the requirements set forth in Section 11.3 below.
11.4 . Any notice to B&S First World must contain (a) the name description of the product, Covered Product,
(b) the specific dates when date(s) upon which the product Covered Product was sold discovered to be available for sale after the Effective Date in California without reformulation, (c) the store or other place at which the product was found to remain available for sale to consumers, and (d) any other evidence or other support for the allegations in the notice.
11.5 11.3 Within thirty (30) 30 days of receiving the notice described in Section 11.2, B&S First World shall either (1) send the store or all stores and other place places at which the product Covered Product was available for sale to the public a letter directing that the offending product be immediately removed from inventory and returned to B&SFirst World for full credit, including shipping costs, or (2) refute the information provided under Section 11.2.
11.6 11.2 to CAG’s satisfaction. Should the parties be unable to resolve the dispute, any party may seek relief under Section 11.1.
Appears in 1 contract
Samples: Settlement Agreement
Enforcement of Settlement Agreement. 11.1 Any party may file suit before the Superior Court of the County of Los Angeles, consistent with the terms and conditions set forth in paragraphs 11.2 and and
11.3 of this Settlement Agreement, to enforce the terms and conditions contained in this Settlement Agreement.
11.2 . The prevailing party shall be entitled to its reasonable attorneys' fees and costs associated with such enforcement.
11.3 11.2 No action to enforce this Settlement Agreement may be commenced or maintained, and no notice of violation related to the Covered Products Product may be served or filed against B&S XXXXXX by SHEFACAG, unless the party seeking enforcement or alleging violation notifies the other party of the specific acts alleged to breach this Settlement Agreement at least 90 days before serving or filing any action or Notice Notices of Violation and the entity receiving the notice fails to comply with the requirements set forth in Section 11.3 below.
11.4 . Any notice to B&S XXXXXX must contain (a) the name of the product, (b) specific dates when the product was sold after the Effective Date in California without reformulation, (c) the store or other place at which the product was available for sale to consumers, and (d) any other evidence or other support for the allegations in the notice.
11.5 11.3 Within thirty (30) 30 days of receiving the notice described in Section 11.2, B&S XXXXXX shall either (1) send the store or other place at which the product was available for sale to the public a letter directing that the offending product be immediately removed from inventory and returned to B&SXXXXXX for full credit, including shipping costs, or (2) refute the information provided under Section 11.2.
11.6 . Should the parties be unable to resolve the dispute, any party may seek relief under Section 11.1.
Appears in 1 contract
Samples: Settlement Agreement
Enforcement of Settlement Agreement. 11.1 Any party may file suit before the Superior Court of the County of Los Angeles, consistent with the terms and conditions set forth setforth in paragraphs 11.2 and 11.2and 11.3 of this Settlement Agreement, to enforce the terms and conditions contained in this Settlement Agreement.
11.2 The prevailing party shall be entitled to its reasonable attorneys' fees and costs associated with such enforcement.
11.3 No action to enforce this Settlement Agreement may be commenced or maintained, and no notice of violation related to the Covered Products may be served or filed against B&S TPP by SHEFA, unless the party seeking enforcement or alleging violation notifies the other party in writing, served by means providing for third-party proof of delivery of said notice, of the specific acts alleged to breach this Settlement Agreement at least 90 days before serving or filing any action or Notice of Violation and the entity receiving the notice fails to comply with the requirements set forth in Section 11.3 below.
11.4 . Any notice to B&S TPP must contain (a) the name of the product, (b) specific dates when the product was sold after the Effective Date in California without reformulation, (c) the store or other place at which the product was available for sale to consumers, and (d) any other evidence or other support for the allegations in the notice.
11.5 11.3 Within thirty (30) 30 days of receiving the notice described in Section 11.2, B&S TPP shall either (1) send the store or other place at which the product was available for sale to the public a letter directing that the offending product be immediately removed from inventory and returned to B&STPP, or (2) refute the information provided under Section 11.2.
11.6 . Should the parties be unable to resolve the dispute, any party may seek relief under Section 11.1.
Appears in 1 contract
Samples: Settlement Agreement
Enforcement of Settlement Agreement. 11.1 Any party may file suit before the Superior Court of the County of Los Angeles, consistent with the terms and conditions set forth in paragraphs 11.2 and 11.3 of this Settlement Agreement, to enforce the terms and conditions contained in this Settlement Agreement.
11.2 The prevailing party shall be entitled to its reasonable attorneys' fees and costs associated with such enforcement.
11.3 No action to enforce this Settlement Agreement may be commenced or maintained, and no notice of violation related to the Covered Products may be served or filed against B&S LORNAMEAD by SHEFA, unless the party Party seeking enforcement or alleging violation notifies the other party in writing, served by means providing for third-party proof of delivery of said notice, of the specific acts alleged to breach this Settlement Agreement at least 90 days before serving or filing any action or Notice of Violation and the entity Pa r t y receiving the notice fails to comply with the requirements set forth in Section 11.3 below.
11.4 . Any notice to B&S LORNAMEAD must contain (a) the name of the product, (b) specific dates when the product was sold after the Effective Date in California without reformulationreformulation or proper warning, (c) the store or other place at which the product was available for sale to consumers, and (d) any other evidence or other support for the allegations in the notice.
11.5 11.3 Within thirty (30) 30 days of receiving the notice described in Section 11.2, B&S LORNAMEAD shall either (1) send the store or other place at which the product was available for sale to the public a letter directing that the offending product be immediately removed from inventory and returned to B&SLORNAMEAD, or (2) refute the information provided under Section 11.2.
11.6 . Should the parties be unable to resolve the dispute, any party Party may seek relief under Section 11.1.
Appears in 1 contract
Samples: Settlement Agreement
Enforcement of Settlement Agreement. 11.1 10.1 Any party may file suit before the Superior Court of the County of Los Angeles, consistent with the terms and conditions set forth in paragraphs 11.2 and 11.3 of this Settlement Agreement, to enforce the tbe terms and and-conditions contained in this Settlement Agreement.
11.2 The . Tbe prevailing party shall be entitled to its reasonable .reasonable attorneys' fees and costs associated with such enforcementenToreement.
11.3 10.2 No action to enforce this 'Settlement Agreement may be commenced or maintained, and no notice of violation related to the Covered the.covered Products may be served or "Servedor filed against B&S H&R by SHEFACAG, unless the party seeking enforcement or alleging violation notifies the tbe other party of the specific acts 'specifICacts alleged to breach this Settlement Agreement at least 90 60 days before serving or filing any action or Notice of Violation and the entity receiving the notice fails to comply with the requirements set forth in Section 11.3 below.
11.4 . Any notice to B&S H&R must contain contain
(a) the name of the product, (b) specific dates when the product was sold after the Effective Date in California without reformulation, (c) the store or other place at which other
10.2.1. Notwithstanding the product was available for sale above, CAG may bring an action to consumersenforce any breach of the monetaiy settlement terms in Section 4.0, and above, upon five (d) any other evidence or other support for the allegations in the notice.
11.5 Within thirty (305) days written notice by CAG to H&R of receiving the alleged breach in accordance with thenotitkation requirements set forth in Section 12.0, helow. ",10.3 Within 30 days ofreceiving the notice described descrihed in Section 11.2, B&S H&R shall either (1I) send the store -sendthe ~tore or other place at which the product was available for sale [onale to the public a letter directing that the offending product be immediately removed from inventory and returned to B&SH&R for full credit, including ~hipping costs, or (2) refute the information provided under Section 11.2.
11.6 . Should the parties be unable to resolve the dispute, any party may seek maywek relief under Section 11.1.
Appears in 1 contract
Samples: Settlement Agreement
Enforcement of Settlement Agreement. 11.1 Any party may file suit before the Superior Court of the County of Los Angeles, consistent with the terms and conditions set forth in paragraphs 11.2 and and
11.3 of this Settlement Agreement, to enforce the terms and conditions contained in this Settlement Agreement.
11.2 . The prevailing party shall be entitled to its reasonable attorneys' fees and costs associated with such enforcement.
11.3 11.2 No action to enforce this Settlement Agreement may be commenced or maintained, and no notice of violation related to the Covered Products Product may be served or filed against B&S SFC by SHEFACAG, unless the party seeking enforcement or alleging violation notifies the other party of the specific acts alleged to breach this Settlement Agreement at least 90 days before serving or filing any action or Notice of Violation and the entity receiving the notice fails to comply with the requirements set forth in Section 11.3 below.
11.4 . Any notice to B&S SFC, the Releasees, or the Downstream Releasees must contain (a) the name of the product, (b) specific dates when the product was sold after the Effective Date in California without reformulation, (c) the store or other place at which the product was available for sale to consumers, and (d) any other evidence or other support for the allegations in the notice.
11.5 11.3 Within thirty (30) 30 days of receiving the notice described in Section 11.2, B&S SFC shall either (1) send the store or other place at which the product was available for sale to the public a letter directing that the offending product be immediately removed from inventory and returned to B&SSFC for full credit, including shipping costs, or (2) refute the information provided under Section 11.2.
11.6 . Should the parties be unable to resolve the dispute, any party may seek relief under Section 11.1.
Appears in 1 contract
Samples: Settlement Agreement
Enforcement of Settlement Agreement. 11.1 12.1 Any party may file suit before the Superior Court of the County of Los Angeles, consistent with the terms and conditions set forth in paragraphs 11.2 and and
11.3 of this Settlement Agreement, to enforce the terms and conditions contained in this Settlement Agreement.
11.2 . The prevailing party shall be entitled to its reasonable attorneys' fees and costs associated with such enforcement.
11.3 12.2 No action to enforce this Settlement Agreement may be commenced or maintained, and no notice of violation related to the Covered Products Product may be served or filed against B&S LA MODERNA by SHEFACAG, unless the party seeking enforcement or alleging violation notifies the other party of the specific acts alleged to breach this Settlement Agreement at least 90 days before serving or filing any action or Notice of Violation and the entity receiving the notice fails to comply with the requirements set forth in Section 11.3 below.
11.4 . Any notice to B&S LA MODERNA, the Releasees, or the Downstream Releasees must contain (a) the name of the product, (b) specific dates when the product was sold after the Effective Date in California without reformulationwarning, (c) the store or other place at which the product was available for sale to consumers, and (d) any other evidence or other support for the allegations in the notice.
11.5 12.3 Within thirty (30) 30 days of receiving the notice described in Section 11.2, B&S LA MODERNA shall either (1) send the store or other place at which the product was available for sale to the public a letter directing that the offending product be immediately removed from inventory and returned to B&SLA MODERNA for full credit, including shipping costs, or (2) refute the information provided under Section 11.2.
11.6 . Should the parties be unable to resolve the dispute, any party may seek relief under Section 11.1.
Appears in 1 contract
Samples: Settlement Agreement