Common use of Non-Contested Notices Clause in Contracts

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second, third, or fourth Notice of Violation received by BMB under Section 3.2.2 that was not successfully contested or withdrawn, then BMB shall pay $15,000 for each Notice of Violation. If BMB has received more than four (4) Notices of Violation under Section 3.2.2 that were not successfully contested or withdrawn, then BMB shall pay $25,000 for each Notice of Violation.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 BMB Settling Entity 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 3.2.6.1 Settling Entity shall include in its Notice of Election a detailed description with supporting documentation of the corrective action(s) that it has undertaken or proposes 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 BMB Settling Entity and that BMB Settling Entity 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 Settling Entity if BMB Settling Entity has reason to believe the NoticedNoticed Covered Products are still offered for sale to California consumers. Settling Entity shall keep for a period of one year and make available to CEH upon reasonable notice (which shall not exceed more than one request per year) for inspection and copying records of any correspondence regarding the foregoing. If there is a dispute over the corrective action, Settling Entity 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. 3.2.5.2. 3.2.6.2 If the Notice of Violation is the first, second, third, or fourth Notice of Violation received by BMB Settling Entity under Section 3.2.2 that was not successfully contested or withdrawn, then BMB Settling Entity shall pay $15,000 for each Notice of Violation. If BMB Settling Entity has received more than four (4) Notices of Violation under Section 3.2.2 that were not successfully contested or withdrawn, then BMB Settling Entity shall pay $25,000 for each Notice of ViolationViolation thereafter. If BMB Settling Entity 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 BMB Mishima 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 4.2.5.1 Mishima 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 Mishima. If there is a dispute over the corrective action, Mishima and that BMB has sent instructions to CEH shall meet and confer before seeking any retailers or customers that offer 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 Noticed Covered Products for sale to cease offering first calendar year following 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 NoticedEffective Date. 3.2.5.2. 4.2.5.2 If the Notice of Violation is the first, second, third, third or fourth Notice of Violation received by BMB Mishima under Section 3.2.2 4.2.1 that was not successfully contested or withdrawn, then BMB Mishima shall pay $15,000 for each Notice of Violation. If BMB Mishima has received more than four (4) Notices of Violation under Section 3.2.2 4.2.1 that were not successfully contested or withdrawn, then BMB Mishima shall pay $25,000 for each Notice of Violation. If BMB Mishima produces with its Notice of Election test data for the Covered Product that: (i) was conducted prior to the date CEH sent the gave Notice of Violation; (ii) was conducted on the same or same type of Covered Product; and (iii) demonstrates acrylamide levels below the applicable Unit Level, then any payment under this Section shall be reduced by 100 percent (100%) for the first Notice of Violation, by seventy- seventy-five percent (75%) for the second Notice of Violation, Violation and by fifty percent (50%) for any subsequent Notice of Violation. In no case shall BMB Mishima 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 BMB elects Settling Entities elect to not contest the allegations in a Notice of Violation, it they shall undertake corrective action(s) and make payments, if any, as set forth below. 3.2.5.1. BMB Settling Entities shall include in its their Notice of Election a detailed description with supporting documentation of the corrective action(s) that it has they have undertaken or proposes 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 BMB Settling Entities and that BMB has 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 BMB Settling Entities if BMB has Settling Entities have reason to believe the NoticedNoticed Covered Products are still offered for sale to California consumers. Settling Entities shall keep for a period of one year and make available to CEH upon reasonable notice (which shall not exceed more than one request 3.2.5.2. If the Notice of Violation is the first, second, third, or fourth Notice of Violation received by BMB Settling Entities under Section 3.2.2 that was not successfully contested or withdrawn, then BMB Settling Entities shall pay $15,000 10,000 for each Notice of Violation. If BMB has Settling Entities have received more than four (4) Notices of Violation under Section 3.2.2 that were not successfully contested or withdrawn, then BMB Settling Entities shall pay $25,000 15,000 for each Notice of Violation. If BMB produces Settling Entities produce with its their 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.;