Common use of Notices of Violation Clause in Contracts

Notices of Violation. On July 10, 2020, Xxxxx served Beadsmith and various public enforcement agencies with a document entitled “60-Day Notice of Violation” that provided public enforcers and the noticed entities with notice of alleged violations of Health & Safety Code § 25249.6 for failing to warn consumers of the presence of DEHP, a toxic chemical found in the Beadsmith plier and tool Covered Products (hereafter defined) sold in California (AG Notice 2020-01683). On January 29, 2021, Xxxxx served Beadsmith and various public enforcement agencies with a document entitled “Supplemental 60-Day Notice of Violation” that provided public enforcers and the noticed entities with notice of alleged violations of Health & Safety Code § 25249.6 for failing to warn consumers of the presence of Lead, a toxic chemical found in the brass craft gauge Covered Products (hereafter defined) sold in California (AG Notice 2021-00181). On March 10, 2021, Xxxxx served Beadsmith and various public enforcement agencies with a document entitled “Supplemental 60-Day Notice of Violation” that provided public enforcers and the noticed entities with notice of alleged violations of Health & Safety Code § 25249.6 for failing to warn consumers of the presence of DEHP, a toxic chemical found in the Beadsmith craft tool kit Covered Products (hereafter defined) sold in California (AG Notice 2021-00683). These July 10, 2020, January 29, 2021, and March 10, 2021 Notices of Violation from Davia to Beadsmith shall hereafter be collectively referred to as “Notices.” Beadsmith represents that, as of the date it executes this Agreement, it is not aware of any public enforcer that is diligently prosecuting a Proposition 65 enforcement action related to DEHP or Lead in the Covered Products, as identified in the Notices.

Notices of Violation. On July 10October 29, 20202018, Xxxxx Xxxxxxxx served Beadsmith Xxxxxx’x, The Xxxxxxxxx Company, Xxxxxxxxx X.X. Company aka The Xxxxxxxxx Company, Xxxxxxx Sporting Goods, LLC, Xxxxxxx Sporting Goods, Inc., Xxxxxxx Sporting Goods, Inc. dba Xxxxxx’x Outdoorsman and various public enforcement agencies with a document entitled “60-Day Notice of Violation” that provided public enforcers and the noticed entities with notice Violation of alleged violations of California Health & Safety Code § 25249.6 25249.6, et seq.” (the “Xxxxxxxx Notice”). The Xxxxxxxx Notice provided Xxxxxx’x and such others, including public enforcers, with notice that alleged that Xxxxxx’x was in violation of California Health & Safety Code § 25249.6, for failing to warn California consumers and customers that use of the presence of Xxxxxxxxx Jumbo Canvas Creels will expose them to DEHP, a toxic chemical found in the Beadsmith plier and tool Covered Products (hereafter defined) sold in California (AG Notice 2020-01683). On January 29August 9, 20212021 (reel cover), Xxxxx and on August 10, 2021 (G.P.S.) XxXxx served Beadsmith Xxxxxx’x Operations, Inc., Xxxxxx’x Outdoors, Inc., Good Sportsman Marketing, LLC, GSM, LLC, G Outdoors and various public enforcement agencies with a document documents entitled “Supplemental 60-Day Notice of Violation” that provided public enforcers and the noticed entities with notice Violation of alleged violations of California Health & Safety Code § 25249.6 for failing to warn consumers of 25249.6, et seq.” (collectively, the presence of Lead, a toxic chemical found in the brass craft gauge Covered Products (hereafter defined) sold in California (AG Notice 2021-00181“XxXxx Notices”). On March 10The XxXxx Notices provided Xxxxxx’x and such others, 2021including public enforcers, Xxxxx served Beadsmith and various public enforcement agencies with a document entitled “Supplemental 60-Day Notice of Violation” that provided public enforcers and the noticed entities with notice that alleged that Xxxxxx’x was in violation of alleged violations of California Health & Safety Code § 25249.6 25249.6, for failing to warn California consumers and customers that use of the presence of DEHP, a toxic chemical found in the Beadsmith craft tool kit Covered Products (hereafter defined) sold in California (AG Notice 2021-00683). These July 10, 2020, January 29, 2021Xxxxxx’x Outdoorsman reel covers will expose them to DINP, and March 10, 2021 use of the G.P.S storage systems will expose them to DEHP. The Xxxxxxxx Notice and the XxXxx Notices of Violation from Davia to Beadsmith shall hereafter be are collectively referred to as the “Notices.” Beadsmith represents that, as of the date it executes this Agreement, it is not aware of any ”. No public enforcer that is has diligently prosecuting a Proposition 65 enforcement action related to DEHP or Lead in prosecuted the Covered Products, as identified allegations set forth in the Notices.

Notices of Violation. On July 10January 29, 20202021, Xxxxx Davia served Beadsmith Fire Mountain and various public enforcement agencies with a document entitled “60-Day Notice of Violation” that provided public enforcers and the noticed entities with notice of alleged violations of Health & Safety Code § 25249.6 for failing to warn consumers of the presence of DEHP, a toxic chemical DEHP found in the Beadsmith plier and tool vinyl craft cushion pad Covered Products (hereafter defined) sold in California (AG Notice 2020-0168300183). On January 29, 2021, Xxxxx Davia also served Beadsmith Fire Mountain and various public enforcement agencies with a document entitled “Supplemental 60-Day Notice of Violation” that provided public enforcers and the noticed entities with notice of alleged violations of Health & Safety Code § 25249.6 for failing to warn consumers of the presence of Lead, a toxic chemical DEHP found in the brass craft gauge Blue Moon vinyl headband Covered Products (hereafter defined) sold in California (AG Notice 2021-0018100186). On March 10February 26, 2021, Xxxxx Davia served Beadsmith Fire Mountain and various public enforcement agencies with a document entitled “Supplemental 60-Day Notice of Violation” that provided public enforcers and the noticed entities with notice of alleged violations of Health & Safety Code § 25249.6 for failing to warn consumers of the presence of DEHP, a toxic chemical DEHP found in the Beadsmith craft tool kit pliers with vinyl grips Covered Products (hereafter defined) sold in California (AG Notice 2021-0068300479). These July 10On May 13, 20202021, Davia served Fire Mountain and thereafter served various public enforcement agencies with a document entitled “60-Day Notice of Violation” that provided public enforcers and the noticed entities with notice of alleged violations of Health & Safety Code § 25249.6 for failing to warn consumers of the presence of DEHP found in craft plier sets with vinyl grips and vinyl cases Covered Products (hereafter defined) sold in California (AG Notice 2021-01053). The January 29, 2021, and March 10, 2021 Notices of Violation, February 26, 2021, Notice of Violation from Davia to Beadsmith and May 13, 2021, Notice of Violation shall hereafter be collectively referred to as “NoticesNotice.” Beadsmith Fire Mountain represents that, as of the date it executes this Agreement, it is not aware of any public enforcer that is diligently prosecuting a Proposition 65 enforcement action related to DEHP or Lead in the Covered ProductsProducts (as is hereinafter defined), as identified in the NoticesNotice.

Notices of Violation. On July 10, 2020, Xxxxx Davia served Beadsmith and various public enforcement agencies with a document entitled “60-Day Notice of Violation” that provided public enforcers and the noticed entities with notice of alleged violations of Health & Safety Code § 25249.6 for failing to warn consumers of the presence of DEHP, a toxic chemical found in the Beadsmith plier and tool Covered Products (hereafter defined) sold in California (AG Notice 2020-01683). On January 29, 2021, Xxxxx Davia served Beadsmith and various public enforcement agencies with a document entitled “Supplemental 60-Day Notice of Violation” that provided public enforcers and the noticed entities with notice of alleged violations of Health & Safety Code § 25249.6 for failing to warn consumers of the presence of Lead, a toxic chemical found in the brass craft gauge Covered Products (hereafter defined) sold in California (AG Notice 2021-00181). On March 10, 2021, Xxxxx Davia served Beadsmith and various public enforcement agencies with a document entitled “Supplemental 60-Day Notice of Violation” that provided public enforcers and the noticed entities with notice of alleged violations of Health & Safety Code § 25249.6 for failing to warn consumers of the presence of DEHP, a toxic chemical found in the Beadsmith craft tool kit Covered Products (hereafter defined) sold in California (AG Notice 2021-00683). These July 10, 2020, January 29, 2021, and March 10, 2021 Notices of Violation from Davia to Beadsmith shall hereafter be collectively referred to as “Notices.” Beadsmith represents that, as of the date it executes this Agreement, it is not aware of any public enforcer that is diligently prosecuting a Proposition 65 enforcement action related to DEHP or Lead in the Covered Products, as identified in the Notices.

Notices of Violation. On July 10or around October 22, 2020, Xxxxx EHA served Beadsmith Osmos Confectionary Co., Ltd., Korean Farm, Inc., Hankook, Xxxx Bros., Inc., the California Attorney General, and various all other required public enforcement agencies with a document entitled “60-Day Notice of Violation” Violation of Proposition 65 (“Tteokpokki Notice”). The Tteokpokki Notice alleged that provided public enforcers and the noticed entities with notice of alleged violations of Health & Safety Code § 25249.6 for Hankook had violated Proposition 65 by failing to sufficiently warn consumers in California of the presence of DEHP, a toxic chemical found health hazards associated with exposures to acrylamide contained in the Beadsmith plier and tool Covered Products (hereafter defined) sold in California (AG Notice 2020-01683)CosMos Tteokpokki Snack. On January 29or around November 24, 20212020, Xxxxx XXX served Beadsmith Osmos Confectionary Co., Ltd., Korean Farm, Inc., The K Market, Xxxx Bros., Inc., the California Attorney General, and various all other required public enforcement agencies with a document entitled “Supplemental 60-Day Notice of Violation” Violation of Proposition 65 (“Sweet Potato Notice”). The Sweet Potato Notice alleged that provided public enforcers and the noticed entities with notice of alleged violations of Health & Safety Code § 25249.6 for Osmos Confectionary Co., Ltd. had violated Proposition 65 by failing to sufficiently warn consumers in California of the presence of Lead, a toxic chemical found health hazards associated with exposures to acrylamide contained in the brass craft gauge Covered Products (hereafter defined) sold in California (AG Notice 2021-00181)Sweet Potato Shaped Snack. On March 10or around February 4, 2021, Xxxxx EHA served Beadsmith New Kukje Inc., Osmos Confectionary Co., Ltd., Korean Farm, Inc., The K Market, Xxxx Bros., Inc., the California Attorney General, and various all other required public enforcement agencies with a document entitled “Supplemental 60-Day Notice of Violation” that provided public enforcers and the noticed entities with notice Violation of alleged violations of Health & Safety Code § 25249.6 for failing to warn consumers of the presence of DEHP, a toxic chemical found in the Beadsmith craft tool kit Covered Products Proposition 65 (hereafter defined) sold in California (AG Notice 2021-00683“Sweet Potato Amended Notice”). These The Sweet Potato Amended Notice included New Kukje Inc. as a retailer. On or around July 10, 2020, January 292, 2021, EHA served New Kukje Inc., Cosmos Confectionary Co., Ltd., Korean Farm, Inc., The K Market, Xxxx Bros., Inc., the California Attorney General, and March 10, 2021 Notices all other required public enforcement agencies with a 60-Day Notice of Violation from Davia of Proposition 65 (“Sweet Potato Second Amended Notice”). The Sweet Potato Second Amended Notice corrected the manufacturer to Beadsmith shall hereafter be collectively referred Cosmos Confectionery Co., Ltd. On or around July 2, 2021, EHA served Cosmos Confectionary Co., Ltd., Korean Farm, Inc., Hankook, Xxxx Bros., Inc., the California Attorney General, and all other required public enforcement agencies with a 60-Day Notice of Violation of Proposition 65 (“Tteokpokki Amended Notice”). The Tteokpokki Amended Notice corrected the manufacturer to as Cosmos Confectionery Co., Ltd. On or around November 17, 2021, EHA served Hankook, New Kukje Inc., Cosmos Confectionary Co., Ltd., Korean Farm, Inc., The K Market, Xxxx Bros., Inc., the California Attorney General, and all other required public enforcement agencies with a 60-Day Notice of Violation of Proposition 65 (“Sweet Potato Third Amended Notice”). The Sweet Potato Third Amended Notice added the retailer Hankook. No public enforcer has commenced or is otherwise prosecuting an action to enforce the violations alleged in the Tteokpokki Notice, Sweet Potato Notice, Sweet Potato Amended Notice, Sweet Potato Second Amended Notice, Tteokpokki Amended Notice, and Sweet Potato Third Amended Notice (hereinafter, the “Notices”).” Beadsmith represents that, as of the date it executes this Agreement, it is not aware of any public enforcer that is diligently prosecuting a Proposition 65 enforcement action related to DEHP or Lead in the Covered Products, as identified in the Notices.

Notices of Violation. On July 10December 2, 20202019, Xxxxx Xxxxxxxx served Beadsmith Xxxxxxx brand licensor Roraj Trade, LLC (“Roraj), Burlington, and various the requisite public enforcement agencies with a document entitled “60-Day Notice of Violation” Violation (“Xxxxxxxx Notice”), alleging that provided public enforcers Roraj and Burlington violated Proposition 65 when they failed to warn their customers and consumers in California of the health hazards associated with exposures to DEHP from the Products. Parlux was subsequently identified as the licensee of the Products and entered into negotiations with Citizen Enforcers as indemnitor to Burlington to resolve the claims concerning the Products. On December 20, 2019, Xxxxxxxxx served Parlux, Perfumania, Inc., Burlington and the noticed entities with notice of alleged violations of Health & Safety Code § 25249.6 for failing to warn consumers of the presence of DEHP, a toxic chemical found in the Beadsmith plier and tool Covered Products (hereafter defined) sold in California (AG Notice 2020-01683). On January 29, 2021, Xxxxx served Beadsmith and various requisite public enforcement agencies with a document entitled “Supplemental 60-Day Notice of Violation” Violation (“Xxxxxxxxx Notice”), alleging that provided public enforcers Parlux, Perfumania and Burlington violated Proposition 65 when they failed to warn their customers and consumers in California of the health hazards associated with exposures to DEHP from the Products. On January 24, 2020, Alliance served Xxxxxxx Xxxx Consumer Direct, LLC (“Xxxxxxx Xxxx”), Bloomingdale’s, and the noticed entities with notice of alleged violations of Health & Safety Code § 25249.6 for failing to warn consumers of the presence of Lead, a toxic chemical found in the brass craft gauge Covered Products (hereafter defined) sold in California (AG Notice 2021-00181). On March 10, 2021, Xxxxx served Beadsmith and various requisite public enforcement agencies with a document entitled “Supplemental 60-Day Notice of Violation” Violation (“Alliance Notice”), alleging that provided public enforcers Xxxxxxx Xxxx and the noticed entities with notice of alleged violations of Health & Safety Code § 25249.6 for failing Bloomingdale’s violated Proposition 65 when they failed to warn their customers and consumers in California of the presence health hazards associated with exposures to DEHP from the Products. Parlux was subsequently identified as the licensee of DEHPthe Products and entered into negotiations with Citizen Enforcers as indemnitor to Bloomingdale’s to resolve the claims concerning the Products. The December 2, a toxic chemical found in the Beadsmith craft tool kit Covered Products (hereafter defined) sold in California (AG Notice 2021-00683). These July 102019, 2020December 20, 2019 and January 2924, 2021, and March 10, 2021 Notices of Violation from Davia to Beadsmith 2020 notices shall hereafter hereinafter be collectively referred to as the “Notices.” Beadsmith represents that, as of the date it executes this Agreement, it is not aware of any No public enforcer that has commenced and is diligently prosecuting a Proposition 65 enforcement action related to DEHP or Lead in the Covered Products, as identified allegations set forth in the Notices.