Final Civil Penalty. Pursuant to Health & Safety Code § 25249.7(b), on May 1, 2015, Xxxxxx Xxxx shall pay a final civil penalty in the amount $10,000.00. The final civil penalty shall be waived in its entirety, if, on or before April 15, 2015, an officer of Xxxxxx Xxxx certifies to Held’s counsel, in writing, that all Products sold or offered for sale by Xxxxxx Xxxx in California after May 1, 2015, are Reformulated Products, and that Xxxxxx Xxxx will continue to do so after the date of certification. Unless waived, the final civil penalty shall be allocated according to Health & Safety Code § 25249.7(c)(1) and (d), with 75% of the penalty payment earmarked for OEHHA, and the remaining 25% of the penalty earmarked for Held. Xxxxxx Xxxx shall issue two separate checks for the final penalty payment: (a) one check made payable to OEHHA in the amount of $7,500.00 representing 75% of the total penalty; and (b) one check to “The Chanler Group in Trust for Xxxxxxx X. Held” in the amount of $2,500.00, representing 25% of the total penalty. Two separate 1099s shall be issued for the above payments. The checks and 1099s shall be delivered to the addresses listed in Section 3.3 below.
Final Civil Penalty. AP LLC shall pay a final civil penalty of $7,500 on or before July 30, 2015. The final civil penalty shall be waived in its entirety, however, if, no later than July 15, 2015, an officer of AP LLC provides Xxxxxx with written certification that, as of the date of such certification and continuing into the future, AP LLC has met the reformulation standard specified in Section 2.1 above, such that all Products manufactured, imported, distributed, sold and offered for sale in California by AP LLC are Reformulated Products. Xxxxxx must receive any such certification on or before July 15, 2015. The certification in lieu of a final civil penalty payment provided by this Section is a material term, and time is of the essence. If the certification contemplated herein has not been delivered as set forth above, AP LLC shall issue a check to “Xxxxxxx X. Xxxxxx, Ph.D., Client Trust Account” in the amount of $7,500.
Final Civil Penalty. Homestead shall pay a final civil penalty of $11,000 on or before March 1, 2015. The final civil penalty shall be waived in its entirety, however, if, no later than February 15, 2015, an officer of Homestead provides Xxxxxxx with written certification that, as of the date of such certification and continuing into the future, Homestead has met the reformulation standard specified in Section 2.1 above, such that all Products manufactured, imported, distributed, sold and offered for sale in California by Homestead are Reformulated Products. Xxxxxxx must receive any such certification on or before February 15, 2015. The certification in lieu of a final civil penalty payment provided by this Section is a material term, and time is of the essence.
Final Civil Penalty. ICUP shall pay a final civil penalty of $9,000 by issuing a check in the amount of $9,000 payable to “Xxxxxxx X. Held, Client Trust Account” on or before December 15, 2015. The final civil penalty shall be waived in its entirety, however, if, no later than December 1, 2015, an officer of ICUP provides Held with written certification that, as of the date of such certification and continuing into the future, ICUP has met the reformulation standard specified in Section 2.1 above, such that all Products manufactured, imported, distributed, sold and offered for sale in California by ICUP after thirty (30) days from the Effective Date are Reformulated Products. Held must receive any such certification on or before December 1, 2015. The certification in lieu of a final civil penalty payment provided by this Section is a material term, and time is of the essence.
Final Civil Penalty. On December 15, 2014, North States shall pay a final civil penalty of $15,000. The final civil penalty shall be waived in its entirety if, within five business days of the Effective Date, an officer of North States provides Moorberg’s counsel with written certification that, as of the Effective Date, all of the Products North States ships or distributes for sale in California, directly or through nationwide retailers, are Reformulated Products, and that it will continue to offer only Reformulated Products for sale or distribution, directly or through nationwide retailers, in the State of California in the future. The option to provide a written certification of reformulation in lieu of making the final civil penalty payment otherwise required by this Settlement Agreement is a material term, and time is of the essence.
Final Civil Penalty. On February15, 2015, Picnic At Ascot shall pay a final civil penalty of $6,000. The final civil penalty shall be waived in its entirety if, no later than February 1, 2015, an officer of Picnic At Ascot provides Held’s counsel with written certification that, as of the date of its certification, all of the Products it ships or distributes for sale in California are Reformulated Products as defined by Section 2, and that it will continue to only offer Reformulated Products in the future. The option to provide a written certification of reformulation in lieu of making the final civil penalty payment otherwise required by this Settlement Agreement is a material term, and time is of the essence.
Final Civil Penalty. On November 1, 2015, Coda shall pay a final civil penalty of $15,000. Pursuant to California Code of Regulations, title 11, section 3203(c), the final civil penalty payment will be waived in its entirety if, no later than October 15, 2015, an officer of Coda provides Xxxxxx’x counsel with signed Declaration certifying that it is only selling or distributing for sale in California, Reformulated Products, and that it will continue to only offer Reformulated Products in California in the future. The option to provide a declaration certifying one-hundred percent product reformulation in lieu of making the final civil penalty payment is a material term, and time is of the essence.
Final Civil Penalty. On November 1, 2015, Stansport shall pay a final civil penalty of eight thousand dollars ($6,000). The final civil penalty shall be waived in its entirety if, no later than October 15, 2015, an officer of Stansport provides Xxxxx’x counsel with written certification that, as of the date of the certification, all of the Covered Products Stansport ships or distributes for sale in California are Reformulated Products, and that it will continue to only offer Reformulated Products in the future in California. The option to provide a written certification of reformulation in lieu of making the final civil penalty payment otherwise required by this Settlement Agreement is a material term, and time is of the essence.
Final Civil Penalty. On or before August 30, 2015, Daiso shall pay a final civil penalty in the amount of $10,000. The final civil penalty shall be waived however, if an Officer of Daiso provides Held with written certification that as of the date of such certification and continuing into the future, to the extent that Daiso continues to sell Earphones or Headphones in California, all Earphones or Headphones manufactured, imported, distributed, sold and offered for sale in California by, or on behalf of, Daiso will meet the Reformulated Products standards in Section 2.1., and to the extent that Daiso continues to sell Hijiki Seaweed in California, all Hijiki Seaweed manufactured, imported, distributed, sold and offered for sale in California by, or on behalf of, Daiso will meet the Reformulated Products standards in Section 2.1. Held must receive any such certification on or before August 15, 2015, and time is of the essence. Unless waived in full, the final civil penalty shall be apportioned in accordance with California Health & Safety Code § 25249.12 (c)(1) & (d), with 75% of these funds remitted to OEHHA and the remaining 25% of the penalty remitted to Held, as provided by California Health & Safety Code
Final Civil Penalty. On or before December 31, 2015, Xxxxx shall pay a final civil penalty in the amount of $5,000. The final civil penalty shall be waived in its entirety, however, if an Officer of 1For purposes of the Settlement Agreement, “sold in proximity” shall mean that the Product and another similar product are offered for sale close enough to each other that the consumer, under customary conditions of purchase, could not reasonably determine which of the two products is subject to the warning sign. Xxxxx provides Xxxxxxx with written certification that as of the date of such certification and continuing into the future, all Products manufactured, imported, distributed, sold and offered for sale in California by Xxxxx are Reformulated Products. Xxxxxxx must receive any such certification on or before December 15, 2015, and time is of the essence. Unless waived, the final civil penalty shall be remitted to Xxxxxxx, who shall deliver 75% to OEHHA, as provided by California Health & Safety Code § 25249.12(d). Unless waived, Xxxxx shall provide its payment in to: “Xxxxxxxx Xxxxxxx, Client Trust Account” in the amount of $5,000. All penalty payments shall be delivered to the addresses listed in Section 3.3 below.
