Limitations in Non-Contested Matters. (a) If it elects not to contest a Notice of Violation before any motion concerning the violation(s) at issue has been filed, the monetary liability of Joy Max shall be limited to the contributions required by Section 6.4.2 and this Section 6.4.3, if any. (b) For non-contested Notices of Violation, only one required contribution may be assessed as to any particular Covered Product. (c) The contribution to the Fashion Accessory Testing Fund shall be: (i) One thousand seven hundred fifty dollars ($1,750) if Joy Max, prior to receiving and accepting for distribution or sale the Covered Product identified in the Notice of Violation, obtained test results demonstrating that all of the materials or components in the Covered Product identified in the Notice of Violation complied with the applicable Lead Limits, and further provided that such test results meet the same quality criteria to support a Notice of Violation as set forth in Section 6.3.2 and that the testing was performed within two years prior to the date of the sales transaction on which the Notice of Violation is based. Joy Max shall provide copies of such test results and supporting (ii) Not required or payable, if the Notice of Violation identifies the same Covered Product or Covered Products, differing only in size or color, that have been the subject of another Notice of Violation within the preceding 12 months.
Appears in 1 contract
Samples: Settlement Agreement
Limitations in Non-Contested Matters. (a) If it Benetton elects not to contest a Notice of Violation before any motion concerning the violation(s) at issue has been filed, the monetary liability of Joy Max Benetton shall be limited to the contributions required by Section 6.4.2 and this Section 6.4.3, if any.
(b) For non-contested Notices of Violation, only one required contribution may be assessed as to any particular Covered Product.
(c) The contribution to the Fashion Accessory Testing Fund shall be:
(i) One thousand seven hundred fifty dollars ($1,750) if Joy MaxBenetton, prior to receiving and accepting for distribution or sale the Covered Product identified in the Notice of Violation, obtained test results demonstrating that all of the materials or components in the Covered Product identified in the Notice of Violation complied with the applicable Lead Limits, and further provided that such test results meet the same quality criteria to support a Notice of Violation as set forth in Section 6.3.2 and that the testing was performed within the two years year period prior to the date of the sales transaction on which the Notice of Violation is based. Joy Max Benetton shall provide copies of such test results and supportingsupporting documentation to CEH with its Notice of Election; or
(ii) Not required or payable, if the Notice of Violation identifies the same Covered Product or Covered Products, differing only in size or color, that have been the subject of another Notice of Violation within the preceding 12 months.
Appears in 1 contract
Samples: Settlement Agreement
Limitations in Non-Contested Matters. (a) If it elects not to contest a Notice of Violation before any motion concerning the violation(s) at issue has been filed, the monetary liability of Joy Max Rian Handbags shall be limited to the contributions required by Section 6.4.2 and this Section 6.4.3, if any.
(b) For non-contested Notices of Violation, only one required contribution may be assessed as to any particular Covered Product.
(c) The contribution to the Fashion Accessory Testing Fund shall be:
(i) One thousand seven hundred fifty dollars ($1,750) if Joy MaxRian Handbags, prior to receiving and accepting for distribution or sale the Covered Product identified in the Notice of Violation, obtained test results demonstrating that all of the materials or components in the Covered Product identified in the Notice of Violation complied with the applicable Lead Limits, and further provided that such test results meet the same quality criteria to support a Notice of Violation as set forth in Section 6.3.2 and that the testing was performed within two years prior to the date of the sales transaction on which the Notice of Violation is based. Joy Max Rian Handbags shall provide copies of such test results and supportingsupporting documentation to CEH with its Notice of Election; or
(ii) Not required or payable, if the Notice of Violation identifies the same Covered Product or Covered Products, differing only in size or color, that have been the subject of another Notice of Violation within the preceding 12 months.
Appears in 1 contract
Samples: Settlement Agreement
Limitations in Non-Contested Matters. (a) If it elects not to contest a Notice of Violation before any motion concerning the violation(s) at issue has been filed, the monetary liability of Joy Max The Timing, Inc. shall be limited to the contributions required by Section 6.4.2 and this Section 6.4.3, if any.
(b) For non-contested Notices of Violation, only one required contribution may be assessed as to any particular Covered Product.
(c) The contribution to the Fashion Accessory Testing Fund shall be:
(i) One thousand seven hundred fifty dollars ($1,750) if Joy MaxThe Timing, Inc., prior to receiving and accepting for distribution or sale the Covered Product identified in the Notice of Violation, obtained test results demonstrating that all of the materials or components in the Covered Product identified in the Notice of Violation complied with the applicable Lead Limits, and further provided that such test results meet the same quality criteria to support a Notice of Violation as set forth in Section 6.3.2 and that the testing was performed within two years prior to the date of the sales transaction on which the Notice of Violation is based. Joy Max The Timing, Inc. shall provide copies of such test results and supportingsupporting documentation to CEH with its Notice of Election; or
(ii) Not required or payable, if the Notice of Violation identifies the same Covered Product or Covered Products, differing only in size or color, that have been the subject of another Notice of Violation within the preceding 12 months.
Appears in 1 contract
Samples: Settlement Agreement