Non-Contested Notices. If BMB elects to not contest the allegations in a Notice of Violation, it shall undertake corrective action(s) and make payments, if any, as set forth below.
3.2.5.1. BMB shall include in its Notice of Election a detailed description with supporting documentation of the corrective action(s) that it has undertaken or proposes to undertake to address the alleged violation. Any such correction shall, at a minimum, provide reasonable assurance that all Covered Products having the same lot number as that of the Covered Product identified in CEH’s Notice of Violation (the “Noticed Covered Products”) will not be thereafter sold in California or offered for sale to California customers by BMB and that BMB has sent instructions to any retailers or customers that offer the Noticed Covered Products for sale to cease offering the Noticed Covered Products for sale to California consumers and to return all such Noticed Covered Products to BMB if BMB has reason to believe the Noticed
3.2.5.2. If the Notice of Violation is the first, second, third, or fourth Notice of Violation received by BMB under Section 3.2.2 that was not successfully contested or withdrawn, then BMB shall pay $15,000 for each Notice of Violation. If BMB has received more than four (4) Notices of Violation under Section 3.2.2 that were not successfully contested or withdrawn, then BMB shall pay $25,000 for each Notice of Violation. If BMB produces with its Notice of Election test data for the Covered Product that: (i) was conducted prior to the date CEH sent the Notice of Violation; (ii) was conducted on the same or same type of Covered Product; and (iii) demonstrates acrylamide levels below the Unit Level, then any payment under this Section shall be reduced by 100 percent (100%) for the first Notice of Violation, by seventy- five percent (75%) for the second Notice of Violation, and by fifty percent (50%) for any subsequent Notice of Violation. In no case shall BMB be obligated to pay more than $100,000 for uncontested Notices of Violation in any calendar year irrespective of the total number of Notices of Violation issued. In no case shall BMB be obligated to make more than one payment for uncontested Notices of Violation for any one manufacturing lot of a type of Covered Product.
Non-Contested Notices. If Settling Entities elect to not contest the allegations in a Notice of Violation, they shall undertake corrective action(s) and make payments, if any, as set forth below.
3.2.5.1. Settling Entities shall include in their Notice of Election a detailed description with supporting documentation of the corrective action(s) that they have undertaken or propose to undertake to address the alleged violation. Any such correction shall, at a minimum, provide reasonable assurance that all Covered Products having the same lot number as that of the Covered Product identified in CEH’s Notice of Violation (the “Noticed Covered Products”) will not be thereafter sold in California or offered for sale to California customers by Settling Entities and that Setting Entities have sent instructions to any retailers or customers that offer the Noticed Covered Products for sale to cease offering the Noticed Covered Products for sale to California consumers and to return all such Noticed Covered Products to Settling Entities if Settling Entities have reason to believe the Noticed Covered Products are still
3.2.5.2. If the Notice of Violation is the first, second, third, or fourth Notice of Violation received by Settling Entities under Section 3.2.2 that was not successfully contested or withdrawn, then Settling Entities shall pay $15,000 for each Notice of Violation. If Settling Entities have received more than four (4) Notices of Violation under Section 3.2.2 that were not successfully contested or withdrawn, then Settling Entities shall pay $25,000 for each Notice of Violation. If Settling Entities produce with their Notice of Election test data for the Covered Product that: (i) was conducted prior to the date CEH sent the Notice of Violation;
Non-Contested Notices. If Settling Defendant elects to not contest the 26 allegations in a Notice of Violation, it shall undertake corrective action(s) and make payments, if 27 any, as set forth below.
1 3.2.5.1 Settling Defendant shall include in its Notice of Election a detailed 2 description with supporting documentation of the corrective action(s) that it has undertaken or 3 proposes to undertake to address the alleged violation. Any such correction shall, at a minimum, 4 provide reasonable assurance that all Covered Products having the same lot number as that of the 5 Covered Product identified in CEH’s Notice of Violation (the “Noticed Covered Products”) will 6 not be thereafter sold or offered for sale to California consumers, that the Noticed Covered 7 Products are removed from the California market and that Settling Defendant has sent 8 instructions to any of its stores and/or customers that offer the Noticed Covered Products for sale 9 to cease offering the Noticed Covered Products for sale to California consumers and to either 10 return all such Noticed Covered Products to Settling Defendant for destruction, or to directly 11 destroy such Noticed Covered Products. Settling Defendant shall keep for a period of two years 12 and make available to CEH, upon reasonable notice, for inspection and copying records any 13 correspondence regarding the market withdrawal and destruction of the Noticed Covered
Non-Contested Notices. If the Notice of Violation is not contested, The Timing, Inc. shall include in its Notice of Election a detailed description of corrective action that it has undertaken or proposes to undertake to address the alleged violation. Any such correction shall, at a minimum, provide reasonable assurance that the Covered Product will no longer be offered by The Timing, Inc. or its customers for sale in California. If there is a dispute over the sufficiency of the proposed corrective action or its implementation, CEH shall promptly notify The Timing, Inc. and the Parties shall meet and confer before seeking the intervention of the Court to resolve the dispute. In addition to the corrective action, The Timing, Inc. shall make a contribution to the Fashion Accessory Testing Fund in the amount of $10,000, unless one of the provisions of Section 6.4.3 applies.
Non-Contested Notices. If the Notice of Violation is not contested, Benetton shall include in its Notice of Election a detailed description of corrective action that it has undertaken or proposes to undertake to address the alleged violation. Any such correction shall, at a minimum, provide reasonable assurance that the Covered Product will no longer be offered by Benetton or its customers for sale in California until such time that the Covered Product complies with either (1) the Lead Limits set forth in Section 3.2 or (2) the warning requirements set forth in Section 3.4 of the Agreement. If there is a dispute over the sufficiency of the proposed corrective action or its implementation, CEH shall promptly notify Benetton and the Parties shall meet and confer in good faith before seeking the intervention of the Court to resolve the dispute. In addition to the corrective action, Benetton shall make a contribution to the Fashion Accessory Testing Fund in the amount of $10,000, unless one of the provisions of Section 6.4.3 applies.
Non-Contested Notices. If Natural Intentions elects to not contest the allegations in a Notice of Violation, it shall identify on a confidential basis to CEH (by proper name, address of principal place of business and telephone number) the person or entity that sold the Covered Products to Settling Defendant. In addition, the Parties shall meet and confer on an appropriate resolution of the violations alleged in the Notice. If the Parties are unable to agree on an appropriate resolution within thirty (30) days of a Notice of Election not to contest, CEH may file an enforcement action pursuant to Section 5.1. In any such proceeding, CEH may seek whatever fines, costs, penalties, attorneys’ fees or other remedies that are provided by law.
Non-Contested Notices. If the Notice of Violation is not contested, Rian Handbags shall include in its Notice of Election a detailed description of corrective action that it has undertaken or proposes to undertake to address the alleged violation. Any such correction shall, at a minimum, provide reasonable assurance that the Covered Product will no longer be offered by Rian Handbags or its customers for sale in California. If there is a dispute over the sufficiency of the proposed corrective action or its implementation, CEH shall promptly notify Rian Handbags and the Parties shall meet and confer before seeking the intervention of the Court to resolve the dispute. In addition to the corrective action, Rian Handbags shall make a contribution to the Fashion Accessory Testing Fund in the amount of $10,000, unless one of the provisions of Section 6.4.3 applies.
Non-Contested Notices. If the Notice of Violation is not contested, Joy Max shall include in its Notice of Election a detailed description of corrective action that it has undertaken or proposes to undertake to address the alleged violation. Any such correction shall, at a minimum, provide reasonable assurance that the Covered Product will no longer be offered by Joy Max or its customers for sale in California. If there is a dispute over the sufficiency of the proposed corrective action or its implementation, CEH shall promptly notify
Non-Contested Notices. If Galleria elects to not contest the allegations in a Notice of Violation, it shall undertake corrective action(s) and make payments, if any, as set forth below.
4.2.5.1. Galleria shall include in its Notice of Election a detailed description with supporting documentation of the corrective action(s) that it has undertaken or proposes to undertake to address the alleged violation. Any such correction shall, at a minimum, provide reasonable assurance that all Covered Products having the same lot number as that of the Covered Product identified in CEH’s Notice of Violation (the “Noticed Covered Products”) will not be thereafter sold in California or offered for sale to California customers by Galleria. If there is a dispute over the corrective action, Galleria and CEH shall meet and confer before seeking any remedy in court. In no case shall CEH issue more than one Notice of Violation per manufacturing lot of a type of Covered Product, nor shall CEH issue more than two Notices of Violation in the first calendar year following the Effective Date.
4.2.5.2. If the Notice of Violation is the first, second, third or fourth Notice of Violation received by Galleria under Section 4.2.1 that was not successfully contested or withdrawn, then Galleria shall pay $15,000 for each Notice of Violation. If Galleria has received more than four (4) Notices of Violation under Section 4.2.1 that were not successfully contested or withdrawn, then Galleria shall pay $25,000 for each Notice of Violation. If Galleria
Non-Contested Notices. If Popchips elects to not contest the allegations in a Notice of Violation, it shall identify on a confidential basis to CEH (by proper name, address of principal place of business, and telephone number) the person or entity that sold the Covered Products to Popchips and the manufacturer or ingredient suppliers and other entities in the upstream chain of distribution of the Covered Product, provided that such information is reasonably available. In addition, Popchips shall undertake corrective action(s) and make payments, if any, as set forth below.
3.2.5.1. Popchips shall include in its Notice of Election a detailed description with supporting documentation of the corrective action(s) that it has undertaken or proposes to undertake to address the alleged violation. Any such correction shall, at a minimum, provide reasonable assurance that Popchips has stopped selling or offering for sale in California all Covered Products having the same lot number as that of the Covered Product identified in CEH’s Notice of Violation. Popchips shall keep and make available to CEH for inspection and copying records any correspondence regarding the corrective action taken under Section 3.2.5. Notwithstanding the forgoing, no such corrective action shall be required for the first Notice of Violation. If there is a dispute over the corrective action, Popchips and CEH shall meet and confer before seeking any remedy in court.
3.2.5.2. If the Notice of Violation is the first, second, third, or fourth Notice of Violation received by Popchips under Section 3.2.1 that was not successfully contested
