Common use of Enforcement of Settlement Agreement Clause in Contracts

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 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 Everstar by CAG, unless the party seeking enforcement or alleging violation notifies the other party of the specific acts alleged to breach this Settlement Agreement at least 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. Any notice to Everstar 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, including complete test data, or other support for the allegations in the notice. 11.2.1. Notwithstanding the above, CAG may bring an action to enforce any breach of the monetary settlement terms in Section 4.0, above, upon five (5) days written notice by CAG to Everstar of the alleged breach in accordance with the notification requirements set forth in Section 12.0, below. 11.3 Within 30 days of receiving the notice described in Section 11.2, Everstar 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 Everstar for full credit, including shipping costs, or (2) refute the information provided under Section 11.2. Should the parties be unable to resolve the dispute, any party may seek relief under Section 11.1.

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 Section 10 of this Settlement Agreement, to enforce the terms and conditions contained in this Settlement Agreement. The prevailing party shall be entitled to its reasonable attorneys' fees and costs associated with such enforcement. 11.2 10.2 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 Everstar Smart Works by CAG, unless the party seeking enforcement or alleging violation notifies the other party of the specific acts alleged to breach this Settlement Agreement at least 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 below10.3 of this Settlement Agreement. Any notice to Everstar Smart Works 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) the specific provisions of this Settlement Agreement allegedly breached, and (e) any other evidence, including complete test data, evidence or other support for the allegations in the notice. 11.2.110.2.1. Notwithstanding the above, CAG may bring an action to enforce any breach of the monetary settlement terms in Section 4.0, above, upon five (5) days business days’ written notice by CAG to Everstar Smart Works of the alleged breach in accordance with the notification requirements set forth in Section 12.011.0, belowof this Settlement Agreement. 11.3 10.3 Within 30 days of receiving the notice described in Section 11.210.2 of this Settlement Agreement, Everstar Smart Works 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 Everstar Smart Works for full credit, including shipping costs, or (2) refute the information provided under Section 11.210.2. Should the parties be unable to resolve the dispute, any party may seek relief under Section 11.1. 10.3.1. The Parties shall use reasonably good faith efforts to resolve all disputes related to this 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 10.2 and 10.3 of this Settlement Agreement, to enforce the terms and conditions contained in this Settlement Agreement. The prevailing party shall be entitled to its reasonable attorneys' fees and costs associated with such enforcement. 11.2 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 Everstar Westwood by CAG, unless the party seeking enforcement or alleging violation notifies the other party of the specific acts alleged to breach this Settlement Agreement at least 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 10.3 below. Any notice to Everstar Westwood 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, including complete test data, evidence or other support for the allegations in the notice. 11.2.1. 10.2.1 Notwithstanding the above, CAG may bring an action to enforce any breach of the monetary settlement terms in Section 4.0, above, upon five ten (510) business days written notice by CAG to Everstar Westwood of the alleged breach in accordance with the notification requirements set forth in Section 12.011.0, below. 11.3 10.3 Within 30 days of receiving the notice described in Section 11.210.2, Everstar Westwood 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 Everstar Westwood for full credit, including shipping costs, or (2) refute the information provided under Section 11.2. Should the parties be unable to resolve the dispute, any party may seek relief under Section 11.1.Section

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. The prevailing Party in any such enforcement action shall be entitled to its reasonable attorneys’ fees and costs associated with such enforcement. 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 Everstar Ella’s or any Releasee by CAGKey Sciences, unless the party Party seeking enforcement or alleging violation notifies the other party Party in writing of the specific acts alleged to breach this Settlement Agreement (“Section 11 Notice”) at least 60 45 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 belowViolation. Any notice Section 11 Notice issued to Everstar Ella’s alleging a violation of Section 3 must contain contain (a) the name of the product, (b) specific dates when the product was sold after the Effective Date in California without reformulationreformulation or warning, (c) the store or other place at which the product was available for sale to consumers, and (d) any other evidence, including complete test data, evidence or other support for the allegations in the notice. 11.2.1. Notwithstanding the above, CAG may bring an action to enforce any breach of the monetary settlement terms in Section 4.0, above, upon five (5) days written notice by CAG to Everstar of the alleged breach in accordance with the notification requirements set forth in Section 12.0, below. 11.3 Within 30 days of receiving the notice described in Section 11.2, Everstar shall Ella’s may 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 at issue in the Section 11 Notice be immediately removed from inventory and returned to Everstar Ella’s for full credit, including shipping costs, costs and notifies Key Sciences of this corrective action within 15 days thereafter or (2) refute the information alleged violation provided under Section 11.2. In the event that Ella’s takes the corrective action in subsection (1) of this Section 11.3, Key Sciences shall not seek judicial relief with respect to that Notice of Violation. Should the parties Parties be unable to resolve the disputedispute in the Section 11 Notice, any party Party may seek relief under Section 11.1.