Common use of PRODUCT CHARACTERISTICS/REFUSAL TO ACCEPT PRODUCTS Clause in Contracts

PRODUCT CHARACTERISTICS/REFUSAL TO ACCEPT PRODUCTS. NETGEAR shall promptly notify APLL of the characteristics of any of NETGEAR's Products that (a) require special handling instructions, material, equipment or precautions; (b) may be hazardous or dangerous to APLL's employees, subcontractors or agents, whether by handling or exposure; (c) are defined as hazardous materials under any federal, state or local law or regulation governing the environment including but not limited to The Resource Conservation and Recovery Act (RCRA). The Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (CERCLA), or Department of Transportation Research and Special Programs Administration (RSPA including IATA, ICAO and IMDG); or (d) are or should be reasonably believed or known to be likely to cause damage to APLL's premises or equipment. NETGEAR's Products, or to other goods that may be stored by APLL. APLL may refuse to accept any Products that are identified per the above categories or that reasonably might cause infestation, contamination, or damage to other goods in its custody. APLL shall promptly notify NETGEAR of such refusal and shall have no liability for any demurrage, detention, transportation or other charges by virtue of such refusal. 3.3

PRODUCT CHARACTERISTICS/REFUSAL TO ACCEPT PRODUCTS. NETGEAR shall promptly notify APLL of the characteristics of any of NETGEAR's Products that (a) require special handling instructions, material, equipment or precautions; (b) may be hazardous or dangerous to APLL's employees, subcontractors or agents, whether by handling or exposure; (c) are defined as hazardous materials under any federal, state or local law or regulation governing the environment including but not limited to The Resource Conservation and Recovery Act (RCRA). The Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (CERCLA), or Department of Transportation Research and Special Programs Administration (RSPA including IATA, ICAO and IMDG); or (d) are or should be reasonably believed or known to be likely to cause damage to APLL's premises or equipment. NETGEAR's Products, or to other goods that may be stored by APLL. APLL may refuse to accept any Products that are identified per the above categories or that reasonably might cause infestation, contamination, or damage to other goods in its custody. APLL shall promptly notify NETGEAR of such refusal and shall have no liability for any demurrage, detention, transportation or other charges by virtue of such refusal. 3.3.

PRODUCT CHARACTERISTICS/REFUSAL TO ACCEPT PRODUCTS. NETGEAR EDIGITAL shall promptly notify APLL APL DIRECT of the characteristics of any of NETGEAR's EDIGITAL’s Products that (a) require special handling instructions, material, equipment or precautions; (b) may be hazardous or dangerous to APLL's APL DIRECT’S or Contracted Carrier’s employees, subcontractors or agents, whether by handling or exposure; (c) are defined as hazardous materials under any federal, state or local law or regulation governing the environment including but not limited to The Resource Conservation and Recovery Act (RCRA). , The Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (CERCLA), or Department of Transportation Research and Special Programs Administration (RSPA including IATA, ICAO and IMDG); or or, (d) are or should be reasonably believed or known to be likely to cause damage to APLL's APL DIRECT’S premises or equipment. NETGEAR's , Contracted Carrier’s equipment, EDIGITAL’s Products, or to other goods that may be stored or transported by APLLAPL DIRECT or Contracted Carrier. APLL EDIGITAL will prepare all shipments of such Products in compliance with all applicable regulations. APL DIRECT may refuse to accept any Products that are identified per the above categories or that reasonably might cause infestation, contamination, or damage to other goods in its or Contracted Carrier’s custody. APLL APL DIRECT shall promptly notify NETGEAR EDIGITAL of such refusal and shall have no liability for any demurrage, detention, transportation or other charges by virtue of such refusal. 3.3.

PRODUCT CHARACTERISTICS/REFUSAL TO ACCEPT PRODUCTS. NETGEAR Crown Crafts shall promptly notify APLL Warehouseman of the characteristics of any of NETGEAR's Products that (a) require special handling instructions, material, equipment or precautions; . No Products shall be delivered to Warehouseman that (ba) may be hazardous or dangerous to APLL's Warehouseman’s employees, subcontractors or agents, whether by handling or exposure; (cb) are defined as hazardous materials under any federal, state or local law or regulation governing the environment including environment, including, but not limited limited, to The Resource Conservation and Recovery Act (RCRA). , The Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (CERCLA), or Department of Transportation Research and Special Programs Administration (RSPA including IATA, ICAO and IMDG); or (dc) are or should be reasonably believed or known to be likely to cause damage to APLL's Warehouseman’s premises or equipment. NETGEAR's , the Products, or to other goods that may be stored by APLLWarehouseman at the Warehouse. APLL Warehouseman may refuse to accept any Products that are identified per as coming within the above immediately preceding categories or that reasonably might cause infestation, contamination, contamination or damage to other goods in its custody. APLL Warehouseman shall promptly notify NETGEAR Crown Crafts of such refusal and shall have no liability for any demurrage, detention, transportation or other charges by virtue of such refusal. 3.3.