Common use of INJUNCTIVE RELIEF: WARNINGS AND REFORMULATION Clause in Contracts

INJUNCTIVE RELIEF: WARNINGS AND REFORMULATION. Beginning ninety (90) days after the Effective Date (the “Compliance Date”), Living Raw shall be permanently enjoined from manufacturing for sale in the State of California, "Distributing into the State of California," or directly selling in the State of California, Covered Product that exceeds the Proposition 65 "Daily Cadmium Exposure Level" of more than 4.1 micrograms of cadmium per day, unless it meets the warning requirements under Section 2.2. As used in this Settlement Agreement, the term "Distributing into the State of California" shall mean to directly ship Covered Product into California for sale in California or to sell Covered Product to a distributor that Living Raw knows or has reason to know will sell the Covered Product in California. The injunctive relief in Section 2 does not apply to Covered Product packaged, distributed, shipped or sold before the Compliance Date and all claims as to such Covered Product is released in this Settlement Agreement. For purposes of this Settlement Agreement, the "Daily Cadmium Exposure Level" shall be measured in micrograms, and shall be calculated using the following formula: micrograms of cadmium per gram of product, multiplied by grams of product per serving of the product (using the largest serving size appearing on the product label), multiplied by servings of the product per day (using the largest number of recommended daily servings appearing on the label), which equals micrograms of cadmium exposure per day. If the label contains no recommended daily servings, then the number of recommended daily servings shall be one.

INJUNCTIVE RELIEF: WARNINGS AND REFORMULATION. 2.1 Beginning ninety thirty (9030) days after from the Effective Date (the “Compliance Date”), Living Raw Bedrock shall be permanently enjoined from manufacturing for sale in the State of California, "Distributing into the State of California," or directly selling in the State of California, any Covered Product that exceeds the Proposition 65 expose a person to a "Daily Cadmium Lead Exposure Level" of more than 4.1 0.5 micrograms of cadmium lead per day, day unless it meets the warning requirements under Section 2.2. As used in this Settlement Agreement, the term "Distributing into the State of California" shall mean to directly ship a Covered Product into California for sale in California or to sell a Covered Product to a distributor that Living Raw Bedrock knows or has reason to know will sell the Covered Product in California. The injunctive relief in Section 2 does not apply to any Covered Product packagedthat has left the possession, distributed, shipped or sold before and is no longer under the Compliance control of Bedrock prior to the Effective Date and all claims as to such Covered Product is are released in this Settlement Agreement. The injunctive relief in Section 2 also has no application to any Covered Product which is distributed or sold outside the State of California. For purposes of this Settlement Agreement, the "Daily Cadmium Lead Exposure Level" shall be measured in micrograms, and shall be calculated using the following formula: micrograms of cadmium lead per gram of product, multiplied by grams of product per serving of the product (using the largest serving size appearing on the product label), multiplied by servings of the product per day (using the largest number of recommended daily servings appearing on the label), which equals micrograms of cadmium lead exposure per day. If the label contains no recommended daily servings, then the number of recommended daily servings shall be one.

INJUNCTIVE RELIEF: WARNINGS AND REFORMULATION. Beginning ninety (90) days after As of the Effective Date (the Date, ZENB shall not “Compliance Date”), Living Raw shall be permanently enjoined from manufacturing for sale in the State of California, "Distributing distribute into the State of California," ” or directly selling sell in the State of CaliforniaCalifornia any Covered Products that expose a person to more than 0.5 micrograms of lead per day based on the recommended serving size on the Covered Product’s label, unless the Covered Product bears a warning meeting the warning requirements under Section 2.1 & 2.2. Additionally, ZENB shall not “distribute into the State of California” or directly sell in the State of California any Covered Products that exceeds the Proposition 65 "Daily Cadmium Exposure Level" of expose a person to more than than 4.1 micrograms of cadmium per dayday based on the recommended serving size on the Covered Product’s label, unless it meets the Covered Product bears a warning meeting the warning requirements under Section 2.1 & 2.2. As used in this Settlement Agreement, For the term "Distributing into the State of California" shall mean to directly ship Covered Product into California for sale in California or to sell Covered Product to a distributor that Living Raw knows or has reason to know will sell the Covered Product in California. The injunctive relief in Section 2 does not apply to Covered Product packaged, distributed, shipped or sold before the Compliance Date and all claims as to such Covered Product is released in this Settlement Agreement. For purposes purpose of this Settlement Agreement, the "Daily Cadmium Exposure Level" exposure level shall be measured in micrograms, micrograms and shall be calculated using the following formula: micrograms of lead/cadmium per gram of product, multiplied by grams of product per serving of the product (using the largest serving size appearing as stated on the product label), multiplied by servings of the product per day (using the largest number of recommended daily servings appearing stated on the label), which equals micrograms of lead/cadmium exposure per day. If the label contains no recommended daily servings, then the number of recommended daily servings shall be one. Any testing of the Covered Products’ exposure level shall be undertaken by a laboratory accredited by the State of California, a federal agency, or a nationally recognized accrediting organization. As used in this Settlement Agreement, the term “distribute into the State of California” shall mean to directly ship the Covered Product into California for sale in California or to sell the Covered Products to a distributor that ZENB knows will sell the Covered Products in California. The term “distribute into the State of California” does not encompass unauthorized sales of the Covered Product by third parties.

INJUNCTIVE RELIEF: WARNINGS AND REFORMULATION. 2.1 Beginning ninety (90) days after on the Effective Date (the “Compliance Date”), Living Raw Forager shall be permanently enjoined from manufacturing for sale in the State of California, "Distributing into the State of California," or directly selling in the State of California, any Covered Product Products that exceeds the Proposition 65 expose a person to a "Daily Cadmium Lead Exposure Level" of more than 4.1 0.5 micrograms of cadmium lead per day, unless it meets the warning requirements under Section 2.2. In the event that Proposition 65 is repealed or preempted as to food products, then Forager shall have no further obligation pursuant to this Agreement with respect to, and to the extent that the Covered Products are so affected. As used in this Settlement Agreement, the term "Distributing into the State of California" shall mean to directly ship a Covered Product into California for sale in California or to sell a Covered Product to a distributor that Living Raw Forager knows or has reason to know will sell the Covered Product in California. The injunctive relief in Section 2 does not apply to any Covered Product packagedthat has left the possession, distributed, shipped or sold before and/or is no longer under the Compliance control of Forager prior to the Effective Date and all claims as to such Covered Product is Products are released in this Settlement Agreement. For purposes of this Settlement Agreement, unless the law, regulations, or case law, prescribes otherwise the "Daily Cadmium Lead Exposure Level" shall be measured in micrograms, and shall be calculated using the following formula: micrograms of cadmium lead per gram of product, multiplied by grams of product per serving of the product (using the largest serving size appearing on the product label), multiplied by servings of the product per day (using the largest number of recommended daily servings appearing on the label), which equals micrograms of cadmium lead exposure per day. If the label contains no recommended daily servings, then the number of recommended daily servings shall be one.

INJUNCTIVE RELIEF: WARNINGS AND REFORMULATION. Beginning ninety (90) days after As of the Effective Date (Date, MYRTLE shall not “distribute into the “Compliance Date”), Living Raw shall be permanently enjoined from manufacturing for sale State of California,” or directly sell in the State of California, "Distributing into the State of California," or directly selling in the State of California, any Covered Product that exceeds the Proposition 65 "Daily Cadmium Exposure Level" of exposes a person to more than 4.1 0.5 micrograms of cadmium lead per dayday based on the recommended serving size on the Covered Product’s label, unless it meets the Covered Product bears a warning meeting the warning requirements under Section 2.1 & 2.2. As used in this Settlement Agreement, For the term "Distributing into the State of California" shall mean to directly ship Covered Product into California for sale in California or to sell Covered Product to a distributor that Living Raw knows or has reason to know will sell the Covered Product in California. The injunctive relief in Section 2 does not apply to Covered Product packaged, distributed, shipped or sold before the Compliance Date and all claims as to such Covered Product is released in this Settlement Agreement. For purposes purpose of this Settlement Agreement, the "Daily Cadmium Exposure Level" exposure level shall be measured in micrograms, micrograms and shall be calculated using the following formula: micrograms of cadmium lead per gram of product, multiplied by grams of product per serving of the product (using the largest serving size appearing as stated on the product label), multiplied by servings of the product per day (using the largest number of recommended daily servings appearing stated on the label), which equals micrograms of cadmium lead exposure per day. If the label contains no recommended daily servings, then the number of recommended daily servings shall be one. Any testing of the Covered Product’s exposure level shall be undertaken by a laboratory accredited by the State of California, a federal agency, or a nationally recognized accrediting organization. As used in this Settlement Agreement, the term “distribute into the State of California” shall mean to directly ship the Covered Product into California for sale in California or to sell the Covered Product to a distributor that MYRTLE knows will sell the Covered Product in California. The term “distribute into the State of California” does not encompass unauthorized sales of the Covered Product by third parties.

INJUNCTIVE RELIEF: WARNINGS AND REFORMULATION. 2.1 Beginning ninety (90) days after on the Effective Date (the “Compliance Date”), Living Raw MTC shall be permanently enjoined from manufacturing for sale in the State of California, "Distributing into the State of California," or directly selling in the State of California, any Covered Product that exceeds the Proposition 65 "expose a person to a “Daily Lead Exposure Level” of more than 0.5 micrograms of lead per day or to a “Daily Cadmium Exposure Level" ” of more than 4.1 micrograms of cadmium per day, unless it meets the warning requirements under Section 2.2. As used in this Settlement Agreement, the term "Distributing into the State of California" shall mean to directly ship a Covered Product into California for sale in California or to sell a Covered Product to a distributor that Living Raw MTC knows or has reason to know will sell the Covered Product in California. The injunctive relief in Section 2 does not apply to any Covered Product packagedthat has left the possession, distributed, shipped or sold before and is no longer under the Compliance control of MTC prior to the Effective Date and all claims as to such Covered Product is released in this Settlement Agreement. For purposes of this Settlement Agreement, "Daily Lead Exposure Level" and the "Daily Cadmium Exposure Level" shall be measured in micrograms, and shall be calculated using the following formula: micrograms of lead or cadmium per gram of product, multiplied by grams of product per serving of the product (using the largest serving size appearing as stated on the product label), multiplied by servings of the product per day (using the largest number of recommended daily servings appearing stated on the label), which equals micrograms of lead or cadmium exposure per day. If the label contains no recommended daily servings, then the number of recommended daily servings shall be one.