INJUNCTIVE RELIEF: REFORMULATION AND WARNINGS. As of the Effective Date, Xxxxxxxx shall manufacture, import, or otherwise source for authorized sale in California only Reformulated Products, as defined pursuant to Section 2.1 below, unless such Products are labeled with a clear and reasonable Proposition 65 warning pursuant to Section 2.2 below. Products that were supplied to third parties by Xxxxxxxx prior to the Effective Date shall be deemed exempted from the requirements of this Section 2 and shall be permitted to be sold through as previously manufactured, packaged and labeled.
INJUNCTIVE RELIEF: REFORMULATION AND WARNINGS. As of the Effective Date, Empire, at its sole discretion, agrees to either (a) cease selling, offering for sale or distributing the Products in California, (b) manufacture, import, or otherwise source for authorized sale in California only Reformulated Products, as defined pursuant to Section 2.1 below, or (c) provide a clear and reasonable Proposition 65 warning on the Products pursuant to Section 2.2 below.
INJUNCTIVE RELIEF: REFORMULATION AND WARNINGS. Not later than 90 days after the Effective Date, the Products that Harbor Freight manufactures, imports, or otherwise sources for authorized sale in California shall be: (a) Reformulated Products, as defined pursuant to Section 2.1 below; or (b) labeled with a clear and reasonable Proposition 65 warning pursuant to Section 2.2 below. This Section and its subsections shall not apply to Products that are in Harbor Freight’s inventory or that were supplied to third parties by Harbor Freight or that are otherwise already in the stream of commerce at any time up to 90 days after the Effective Date. Such Products shall be deemed exempted from the requirements of this Section and its subsections and shall be permitted to be sold through as previously manufactured, packaged, and labeled.
INJUNCTIVE RELIEF: REFORMULATION AND WARNINGS. As of the Effective Date, Daesang, at its sole discretion, agrees to either (a) cease selling, offering for sale or distributing the Products in California, (b) manufacture, import, or otherwise source for authorized sale in California only Reformulated Products, as defined pursuant to Section 2.1 below, or (c) provide a clear and reasonable Proposition 65 warning on the Products pursuant to Section 2.2 below. Products manufactured within six (6) months after the Effective Date are not bound by the injunctive terms set forth in this Section 2, and are instead permitted to be sold as is to California consumers and are expressly released by Section 5 of this Agreement.
INJUNCTIVE RELIEF: REFORMULATION AND WARNINGS. 2.1 As of the Effective Date, LKK Inc., at its sole discretion, agrees to either (a) cease selling, offering for sale or distributing the Products in California, (b) manufacture, import, or otherwise source for authorized sale in California only Reformulated Products, as defined pursuant to Section 2.2 below, or (c) provide a clear and reasonable Proposition 65 warning on the Products pursuant to Section 2.3 below.
INJUNCTIVE RELIEF: REFORMULATION AND WARNINGS. 2.1 Commencing on the Effective Date and continuing thereafter, Starwest shall only ship, sell, or offer for sale in California Reformulated Products pursuant to Section 2.2, or Products bearing Proposition 65 warnings pursuant to Section 2.3.
INJUNCTIVE RELIEF: REFORMULATION AND WARNINGS. 2.1 Reformulation Standards
INJUNCTIVE RELIEF: REFORMULATION AND WARNINGS. All Products manufactured on or after 90 days from the Effective Date for authorized sale in California shall be Reformulated Products, as defined pursuant to Section 2.1 below, unless such Products are labeled with a clear and reasonable Proposition 65 warning pursuant to Section 2.2 below. Products that were supplied to third parties by Apex prior to the Effective Date shall be deemed exempted from the requirements of this Section 2 and shall be permitted to be sold as previously manufactured, packaged and labeled.
INJUNCTIVE RELIEF: REFORMULATION AND WARNINGS. As of the Effective Date, Xxxxx's, at its sole discretion, agrees to either (a) cease selling, offering for sale or distributing the Products in California, (b) manufacture, import, or otherwise source for authorized sale in California only Reformulated Products, as defined pursuant to Section 2.1 below, or (c) provide a clear and reasonable Proposition 65 warning on the Products pursuant to Section 2.2 below.
INJUNCTIVE RELIEF: REFORMULATION AND WARNINGS. As of the Effective Date, Momentum, at its sole discretion, agrees to either (a) cease selling, offering for sale or distributing the Products in California, (b) manufacture, import, or otherwise source for authorized sale in California only Reformulated Products, as defined pursuant to Section 2.1 below, or (c) provide a clear and reasonable Proposition 65 warning on the Products pursuant to Section 2.2 below.
