I njunctive Relief. The Product shall be labeled with a clear and reasonable warning as set forth in subsection 2.3. If, after May 6, 2021, the Settling Entity sells the Product without being reformulated via mail order catalog and/or online to California consumers or through its customers, the Settling Entity shall also provide health hazard warning for the Product by identifying the specific Product to which the warning applies as set forth in subsections 2.3 through 2.6 below. The Parties agree that if the OEHHA warning regulations change with respect to subsections 2.2 through 2.6 below, then the Settling Entity may either conform with the revised OEHHA regulations or continue to conform with the terms provided in this Settlement Agreement if the new implementing regulations so allow and, in doing so, will be in compliance with this Settlement Agreement as long as it continues to fulfill any warning obligations unaffected by such new changes.
I njunctive Relief. Supplier acknowledges that disclosureor useof Confidential Informationin violationof this Agreement could cause irreparable harm to Green Earth Commercial Contracting Companyforwhichmonetarydamagesmaybedifficulttoascertain or an inadequate remedy. Supplier therefore agrees that Green Earth CommercialContractingCompany willhavetheright, inadditiontoits otherrightsandremedies,toseekinjunctivereliefforanyviolationofthis Agreement. partnership or other formal business relationship or entity of any kind, or anobligationtoformanysuch relationship or entity. Each party will act as anindependent contractor and not as an agent of the other party for any purpose, and neither will havetheauthorityto bindtheother.
I njunctive Relief. In the event Invacare proceeds with the option to reformulate, commencing on September 2, 2020 (“Compliance Date”), and continuing thereafter, Invacare shall only manufacture for sale, import for sale, and purchase for resale in California Products that are Reformulated Products as defined by Section 2.2. Any Products, that are not Reformulated Products as defined by Section 2.2, which Invacare sells, ships for sale, or distributes for sale to customers or consumers in California after the Compliance Date, shall be labeled with a clear and reasonable warning as set forth in Section 2.3. If, in addition to direct sales to customers after the Compliance Date, Invacare sells Products that are not Reformulated Products via mail order catalog and/or the internet to customers located in California, Invacare shall also provide warnings for such Products by identifying the specific Product to which the warning applies as set forth in Sections 2.5 through 2.6. Section 2 shall not apply for Products that have already entered the stream of commerce prior to the Compliance Date.
I njunctive Relief. Commencing on the Effective Date and continuing thereafter, Grocery Outlet shall only manufacture for sale, import for sale, and purchase for resale in California Products that are Reformulated Products as defined by Section 2.2. Any Products, that are not Reformulated Products, which Grocery Outlet sells, ships for sale, or distributes for sale to customers or consumers in California, or to customers with nationwide distribution, after the Effective Date, shall be labeled with a clear and reasonable warning as set forth in Section 2.3. If, after the Effective Date, Grocery Outlet sells Products that are not Reformulated Products via mail order catalog and/or the internet to customers located in California, Grocery Outlet shall also provide warnings for such Products by identifying the specific Product to which the warning applies as specified in Sections 2.4 through 2.6.
I njunctive Relief. Commencing on the Effective Date and continuing thereafter, B&G shall only manufacture for sale, import for sale, and purchase for resale in California Products that are Reformulated Products as defined by Section 2.2 or Products labeled with a clear and reasonable warning as set forth in Section 2.3. If, after the Effective Date, B&G sells Products that are not Reformulated Products via mail order catalog and/or the internet to customers located in California, B&G shall also provide warnings for such Products by identifying the specific Product to which the warning applies as specified in Sections 2.4 through 2.6.
I njunctive Relief. Prospective Buyer understands and acknowledges that any disclosure or misappropriation of any of the Confidential Information in violation of this Agreement may cause Receiver irreparable harm, the amount of which may be difficult to ascertain and, therefore, agrees that Receiver shall have the right to apply to a court of competent jurisdiction for an order restraining any further disclosure or misappropriation, and for such other relief as Receiver shall deem appropriate. This right of Receiver shall be in addition to the remedies otherwise available to Receiver at law or in equity.
I njunctive Relief. A breach of any of the promises or agreements contained herein will result in irreparable and continuing damage to the District for which there will be no adequate remedy at law, and the District shall be entitled to injunctive relief and/or a decree for specific performance, and such other relief as may be proper (including monetary damages if appropriate).
I njunctive Relief. Commencing on the Effective Date and continuing thereafter, Boston shall only manufacture for sale, import for sale, and purchase for resale in California Products that are Reformulated Products as defined by Section 2.2. Any Products, that are not Reformulated Products, which Boston sells, ships for sale, or distributes for sale to customers or consumers in California, or to customers with nationwide distribution, after the Effective Date, shall be labeled with a clear and reasonable warning as set forth in Section 2.3. If, after the Effective Date, Boston sells Products that are not Reformulated Products via mail order catalog and/or the internet to customers located in California, Boston shall also provide warnings for such Products by identifying the specific Product to which the warning applies as set forth in Sections 2.4 through 2.6. This sub section shall not apply for Products that have already entered the stream of commerce prior to the Effective Date.
I njunctive Relief. Each Seller agrees that the remedy of damages at law for the breach by any of them of any of the covenants, obligations or other provisions contained in this Section is an inadequate remedy. In recognition of the irreparable harm that a violation of such covenants would cause Targets and/or Buyer, the Parties agree that in addition to any other remedies or relief that may be available to them, Buyer shall be entitled to (i) a decree or order of specific performance or mandamus to enforce the observance and performance of such covenant, obligation or other provision, and (ii) an injunction against and restraining an actual or threatened breach, violation or violations. The Parties agree that both damages and specific performance shall be proper modes of relief and are not to be considered alternative remedies.
I njunctive Relief. The Product shall be labeled with a clear and reasonable warning as set forth in subsection 2.3. If, after March 31, 2021, the Settling Entity sells the Product without being reformulated via consumer mail order catalog and/or online to California consumers or through its customers, the Settling Entity shall also provide the requisite health hazard warnings for the Product by identifying the specific Product to which the warning applies as set forth in subsections 2.3 through 2.6 below.
