Public Benefit It is Xxxx’x’ understanding that the commitments it has agreed to herein, and actions to be taken by Xxxx’x under this Settlement Agreement, would confer a significant benefit to the general public, as set forth in Code of Civil Procedure § 1021.5 and Cal. Admin. Code tit. 11, § 3201. As such, it is the intent of Xxxx’x that to the extent any other private party initiates an action alleging a violation of Proposition 65 with respect to Macy’s failure to provide a warning concerning exposure to DINP prior to use of the Products it has manufactured, distributed, sold, or offered for sale in California, or will manufacture, distribute, sell, or offer for sale in California, such private party action would not confer a significant benefit on the general public as to those Products addressed in this Settlement Agreement, provided that Macy’s is in material compliance with this Settlement Agreement.