Common use of Product Reformulation Commitment Clause in Contracts

Product Reformulation Commitment. 3.2.1 No later than the Effective Date, and until January 1, 2017, Wellsco shall not sell or ship any Covered Product to any California vendors unless such Covered Product either (a) is reformulated pursuant to Sections 3.2.2 to 3.2.4 or (b) includes a warning as provided in Section 3.3. 3.2.2 No later than the Effective Date Wellsco shall provide the DEHP Free phthalate concentration standards of Section 2.2 to any new vendors of any Covered Product and instruct such vendor not to incorporate any raw or component materials that do not meet or exceed the DEHP Free concentration standards of Section 2.2 into any Covered Product. Wellsco shall maintain copies of all vendor correspondence relating to the DEHP concentration standards and shall produce such copies to Davia within fifteen (15) days of receipt of written request from Davia 3.2.3 After the Effective Date, Wellsco shall provide the DEHP Free phthalate concentration standards of Section 2.2 to any new vendors of any Covered Product and instruct such vendor not to incorporate any raw or component materials that do not meet or exceed the DEHP Free concentration standards of Section 2.2 into any Covered Product. Prior to purchase and acquisition of any Covered Product from any new vendor, Wellsco shall obtain a written confirmation and accompanying laboratory test result from the new vendor demonstrating compliance with the DEHP Free phthalate concentration standard in all materials comprising the Covered Product. For every Covered Product Wellsco manufactures, causes to be manufactured, orders, causes to be ordered or otherwise obtains from a new vendor after the Effective Date, Wellsco shall maintain copies of all testing of such products demonstrating compliance with this section, shall maintain copies of all vendor correspondence relating to the DEHP concentration standards and shall produce such copies to Davia within fifteen (15) days of receipt of written request from Davia. 3.2.4 No later than the January 1, 2017, Wellsco shall not manufacture or cause to be manufactured, order or cause to be ordered, distribute or cause to be distributed or otherwise sell any Covered Product that is not DEHP Free. Wellsco shall comply with the above requirements by relying on information obtained from its vendors, provided such reliance is in good faith. For every Covered Product Wellsco manufactures, causes to be manufactured, Orders, causes to be ordered or otherwise sells after January 1, 2017, Wellsco shall maintain copies of all testing of such products demonstrating compliance with this section, shall maintain copies of all vendor correspondence relating to the DEHP concentration standards and shall produce such copies to Davia within fifteen (15) days of receipt of written request from Davia.

Product Reformulation Commitment. 3.2.1 No later than the Effective Date, and until January 1, 2017, Wellsco shall not sell or ship any Covered Product to any California vendors unless such Covered Product either (a) is reformulated pursuant to Sections 3.2.2 to 3.2.4 or (b) includes a warning as provided in Section 3.3. 3.2.2 No later than the Effective Date Wellsco Beadsmith shall provide the DEHP Phthalate Free phthalate concentration standards of Section 2.2 to its then-current vendors or manufacturers of any new Phthalate Covered Product and to its vendors of any vinyl material for any Phthalate Covered Product Product, and instruct such vendor entities not to incorporate any raw or component materials that do not meet or exceed the DEHP Phthalate Free concentration standards of Section 2.2 into any Phthalate Covered ProductProduct or to supply any Phthalate Covered Product to Beadsmith that is not Phthalate Free. Wellsco Beadsmith shall maintain copies of all vendor correspondence relating to the DEHP Phthalate Free concentration standards and shall produce such copies to Davia within fifteen (15) days of receipt of written request from Davia. 3.2.3 After 3.2.2 No later than the Effective Date, Wellsco Beadsmith shall provide the DEHP Lead Free phthalate concentration standards of Section 2.2 2.4 to its then-current vendors or manufacturers of any new Lead Covered Product and to its vendors of any brass material for any Lead Covered Product Product, and instruct such vendor entities not to incorporate any raw or component materials that do not meet the Lead Free concentration standards of Section 2.4 into any Lead Covered Product or exceed to supply any Lead Covered Product to Beadsmith that is not Lead Free. Beadsmith shall maintain copies of all vendor correspondence relating to the DEHP Lead concentration standards and shall produce such copies to Davia within fifteen (15) days of receipt of written request from Davia. 3.2.3 After the Effective Date, Beadsmith shall provide the Phthalate Free concentration standards of Section 2.2 to any new vendors or manufacturers of any Phthalate Covered Product, to its vendors of any vinyl material for any Phthalate Covered Product and instruct such entities not to incorporate any raw or component materials that do not meet the Phthalate Free concentration standards of Section 2.2 into any Phthalate Covered Product. Prior to purchase and acquisition of any Phthalate Covered Product or any vinyl component for any Phthalate Covered Product from any new vendor, Wellsco Beadsmith shall obtain a written confirmation and accompanying laboratory test result from the new vendor demonstrating compliance with the DEHP Phthalate Free phthalate concentration standard in all materials comprising the Phthalate Covered Product. For every Phthalate Covered Product Wellsco Beadsmith manufactures, causes to be manufactured, orders, causes to be ordered or otherwise obtains from a new vendor after the Effective Date, Wellsco Beadsmith shall maintain copies of all testing of such products demonstrating compliance with this section, shall maintain copies of all vendor correspondence relating to the DEHP Phthalate Free concentration standards for two (2) years from the Effective Date and shall produce such copies to Davia within fifteen (15) business days of receipt of written request from Davia. For every Phthalate Covered Product Beadsmith contends meets the Phthalate Free concentration standards and intends to offer for sale without a warning pursuant to Section 3.3 below, Beadsmith shall maintain copies of all vendor correspondence relating to the Phthalate Free concentration standards for two (2) years from the Effective Date and shall produce such copies to Davia within fifteen (15) business days of receipt of written request from Davia. 3.2.4 No later than After the January 1Effective Date, 2017Beadsmith shall provide the Lead Free concentration standards of Section 2.2 to any new vendors or manufacturers of any Lead Covered Product, Wellsco shall not manufacture or cause to be manufactured, order or cause to be ordered, distribute or cause to be distributed or otherwise sell its vendors of any brass material for any Lead Covered Product and instruct such entities not to incorporate any raw or component materials that is do not DEHP Freemeet the Lead Free concentration standards of Section 2.2 into any Lead Covered Product. Wellsco Prior to purchase and acquisition of any Lead Covered Product or any brass component for any Lead Covered Product from any new vendor, Beadsmith shall comply obtain a written confirmation and accompanying laboratory test result from the new vendor demonstrating compliance with the above requirements by relying on information obtained from its vendors, provided such reliance is Lead Free concentration standard in good faithall materials comprising the Lead Covered Product. For every Lead Covered Product Wellsco Beadsmith manufactures, causes to be manufactured, Ordersorders, causes to be ordered or otherwise sells obtains from a new vendor after January 1the Effective Date, 2017, Wellsco Beadsmith shall maintain copies of all testing of such products demonstrating compliance with this section, shall maintain copies of all vendor correspondence relating to the DEHP Lead Free concentration standards for two (2) years from the Effective Date and shall produce such copies to Davia within fifteen (15) business days of receipt of written request from Davia. For every Lead Covered Product Beadsmith contends meets the Phthalate Free concentration standards and intends to offer for sale without a warning pursuant to Section 3.3 below, Beadsmith shall maintain copies of all vendor correspondence relating to the Lead Free concentration standards for two (2) years from the Effective Date and shall produce such copies to Davia within fifteen (15) business days of receipt of written request from Davia.. 3.2.5 As of December 31, 2020, Beadsmith shall not manufacture, cause to be manufactured, purchase or otherwise obtain any Phthalate Covered Product unless such Phthalate Covered Product meets the Phthalate Free concentration standards of this Agreement. 3.2.6 As of December 31, 2020, Beadsmith shall not manufacture, cause to be manufactured, purchase or otherwise obtain any Lead Covered Product unless such Lead Covered Product meets the Lead Free concentration standards of this Agreement.

Product Reformulation Commitment. 3.2.1 No later than As a material term of this Agreement, Tenacious confirms it has already provided the Effective Date, and until January 1, 2017, Wellsco shall not sell or ship any Covered Product to any California vendors unless such Covered Product either (a) is reformulated pursuant to Sections 3.2.2 to 3.2.4 or (b) includes a warning as provided Phthalate Free concentration standards set forth in Section 3.3. 3.2.2 No later than 2.2 above to the Effective Date Wellsco shall provide manufacturer and the DEHP Free phthalate concentration standards of Section 2.2 to any new vendors vendor of any Covered Product at issue herein, and instruct the vinyl components thereof, and instructed each such vendor entity through adoption of updated product specifications not to incorporate any raw or component materials into such Covered Product that do not meet or exceed the DEHP Phthalate Free concentration standards of Section 2.2 into 2.2. Tenacious further confirms that as of October 1, 2016, it shall not manufacture or cause to be manufactured, or order or cause to be ordered, any Covered ProductProduct that is not Phthalate Free. Wellsco Tenacious shall maintain copies of all vendor correspondence and test results relating to the DEHP Phthalate Free concentration standards and shall produce such copies to Davia within fifteen (15) days of receipt of a written request from Davia. 3.2.3 3.2.2 After the Effective Date, Wellsco Tenacious shall provide the DEHP Phthalate Free phthalate concentration standards of set forth in Section 2.2 above to any new vendors manufacturer or vendor of the Covered Product, any Covered Product vinyl component thereof and any raw material used in any vinyl component thereof and instruct such manufacturer or vendor not to incorporate into such Covered Product any raw or component materials that do not meet or exceed the DEHP Phthalate Free concentration standards of Section 2.2 into any Covered Product2.2. Prior to purchase and or other acquisition of any Covered Product from any new manufacturer or vendor, Wellsco Tenacious shall obtain a written confirmation and accompanying laboratory test result from the new manufacturer or vendor demonstrating compliance with the DEHP Phthalate Free phthalate concentration standard standards in all vinyl materials comprising the incorporated into a post-production Covered Product. For every Covered Product Wellsco Tenacious manufactures, causes to be manufactured, orders, causes to be ordered or otherwise obtains from a new manufacturer or vendor after the Effective Date, Wellsco Tenacious shall maintain copies of all testing of such products demonstrating compliance with this sectionSection, shall maintain copies of all vendor correspondence relating to the DEHP Phthalate Free concentration standards and shall produce such copies to Davia within fifteen (15) days of receipt of a written request from Davia. 3.2.4 No later than the January 1, 2017, Wellsco shall not manufacture or cause to be manufactured, order or cause to be ordered, distribute or cause to be distributed or otherwise sell any Covered Product that is not DEHP Free. Wellsco shall comply with the above requirements by relying on information obtained from its vendors, provided such reliance is in good faith. For every Covered Product Wellsco manufactures, causes to be manufactured, Orders, causes to be ordered or otherwise sells after January 1, 2017, Wellsco shall maintain copies of all testing of such products demonstrating compliance with this section, shall maintain copies of all vendor correspondence relating to the DEHP concentration standards and shall produce such copies to Davia within fifteen (15) days of receipt of written request from Davia.

Product Reformulation Commitment. 3.2.1 No later than 3.1.1 GBG and Homestead represent as a material term of this Agreement that as of May 16, 2018, the assets, goodwill and liabilities of their business relating to sale and distribution of Covered Products was sold to third party Himatsingka America, Inc. This sale included the transfer from GBG/Homestead to Himatsingka America Inc. of most of the remaining inventory and records relating to such business. Should GBG or Homestead resume distribution of Covered Products after the Effective Date, then GBG and until January 1, 2017, Wellsco shall not sell or ship any Covered Product to any California vendors unless such Covered Product either (a) is reformulated pursuant to Sections 3.2.2 to 3.2.4 or (b) includes a warning as provided in Section 3.3. 3.2.2 No later than the Effective Date Wellsco Homestead shall provide the DEHP Phthalate Free phthalate concentration standards of Section 2.2 to any new vendors vendor of any Covered Product or direct vendors of Covered Packaging and instruct such vendor entities not to incorporate provide any raw or component materials Covered Packaging that do does not meet or exceed the DEHP Phthalate Free concentration standards of Section 2.2 into any Covered Product. Wellsco shall maintain copies of all vendor correspondence relating to the DEHP concentration standards and shall produce such copies to Davia within fifteen (15) days of receipt of written request from Davia 3.2.3 After the Effective Date, Wellsco shall provide the DEHP Free phthalate concentration standards of Section 2.2 to any new vendors of any Covered Product and instruct such vendor not to incorporate any raw or component materials that do not meet or exceed the DEHP Free concentration standards of Section 2.2 into any Covered Product2.2. Prior to purchase and acquisition of any Covered Product or Covered Packaging from any new vendorvendor after the Effective Date, Wellsco GBG and Homestead shall obtain a written confirmation and accompanying laboratory test result results from the new vendor demonstrating compliance with the DEHP Phthalate Free phthalate concentration standard in all materials comprising the for any Covered ProductPackaging. For every Covered Product Wellsco sold in Covered Packaging or Covered Packaging GBG or Homestead manufactures, causes to be manufactured, orders, causes to be ordered or otherwise obtains from a new vendor after the Effective Date, Wellsco GBG shall maintain maintain, for a period of not less than two (2) years, copies of all testing of such products demonstrating compliance with this section, shall maintain copies of all vendor correspondence relating to the DEHP Phthalate Free concentration standards and shall produce such copies to Davia within fifteen (15) days of receipt of written reasonable request made in writing from Davia. 3.2.4 No later than the January 1, 2017, Wellsco shall not manufacture or cause to be manufactured, order or cause to be ordered, distribute or cause to be distributed or otherwise sell any Covered Product that is not DEHP Free. Wellsco shall comply with the above requirements by relying on information obtained from its vendors, provided such reliance is in good faith. For every Covered Product Wellsco manufactures, causes to be manufactured, Orders, causes to be ordered or otherwise sells after January 1, 2017, Wellsco shall maintain copies of all testing of such products demonstrating compliance with this section, shall maintain copies of all vendor correspondence relating to the DEHP concentration standards and shall produce such copies to Davia within fifteen (15) days of receipt of written request from Davia.

Product Reformulation Commitment. 3.2.1 No later than the Effective Date, and until January 1, 2017, Wellsco shall not sell or ship any Covered Product to any California vendors unless such Covered Product either (a) is reformulated pursuant to Sections 3.2.2 to 3.2.4 or (b) includes a warning as provided in Section 3.3. 3.2.2 No later than the Effective Date Wellsco Excelta shall provide the DEHP Phthalate Free phthalate concentration standards of Section 2.2 to any new its then-current vendors or manufacturers of any Covered Product and instruct such vendor entities not to incorporate any raw or component materials that do not meet or exceed the DEHP Phthalate Free concentration standards of Section 2.2 into any Covered ProductProduct or to supply any Covered Product to Excelta that is not Phthalate Free. Wellsco Excelta shall maintain copies of all vendor correspondence relating to the DEHP Phthalate Free concentration standards for one (1) year and shall produce such copies to Davia within fifteen (15) business days of receipt of written request from Davia. 3.2.3 3.2.2 After the Effective Date, Wellsco Excelta shall provide the DEHP Phthalate Free phthalate concentration standards of Section 2.2 to any new vendors or manufacturers of any Covered Product and instruct such vendor entities not to incorporate any raw or component materials that do not meet or exceed the DEHP Phthalate Free concentration standards of Section 2.2 into any Covered Product. Prior to purchase and acquisition of any Covered Product from any new vendor, Wellsco Excelta shall obtain a written confirmation and accompanying laboratory test result result, if available, from the new vendor demonstrating compliance with the DEHP Phthalate Free phthalate concentration standard in all vinyl materials comprising the Covered Product. For every Covered Product Wellsco Excelta manufactures, causes to be manufactured, orders, causes to be ordered or otherwise obtains from a new vendor after the Effective Date, Wellsco Excelta shall maintain copies of all testing of such products products, if such tests are available, demonstrating compliance with this section, shall maintain copies of all vendor correspondence relating to the DEHP Phthalate Free concentration standards for one (1) year from the Effective Date and shall produce such copies to Davia within fifteen (15) business days of receipt of written request from Davia. 3.2.4 No later than the January 1, 2017, Wellsco shall not manufacture or cause to be manufactured, order or cause to be ordered, distribute or cause to be distributed or otherwise sell any Covered Product that is not DEHP Free. Wellsco shall comply with the above requirements by relying on information obtained from its vendors, provided such reliance is in good faith. For every Covered Product Wellsco manufacturesExcelta contends meets the Phthalate Free concentration standards and intends to offer for sale without a warning pursuant to Section 3.3 below, causes to be manufactured, Orders, causes to be ordered or otherwise sells after January 1, 2017, Wellsco shall maintain copies of all testing of such products demonstrating compliance with this section, Excelta shall maintain copies of all vendor correspondence relating to the DEHP Phthalate Free concentration standards for one (1) year from the Effective Date and shall produce such copies to Davia within fifteen (15) business days of receipt of written request from Davia. 3.2.3 As of December 31, 2021, Excelta shall not manufacture, cause to be manufactured, purchase or otherwise obtain any Covered Product unless such Covered Product meets the Phthalate Free concentration standards of this Agreement.

Product Reformulation Commitment. 3.2.1 No later than the Effective Date, Eurotool shall provide the Phthalate Free concentration standards of Section 2.2 to its then-current vendors or manufacturers of any Phthalate Covered Product and until January 1, 2017, Wellsco shall request such entities not sell or ship to supply any Phthalate Covered Product to any California vendors unless such Covered Product either (a) Eurotool that is reformulated not Phthalate Free. The form of letter to be sent by Eurotool pursuant to Sections 3.2.2 this Section is attached hereto as Exhibit C. Eurotool shall maintain copies of all vendor correspondence generated pursuant to 3.2.4 or (b) includes a warning as provided in this Section 3.3for two years after the Effective Date and shall promptly produce copies of such records, pursuant to the Parties’ Confidentiality Agreement, upon written request from Xxxxx. 3.2.2 No later than the Effective Date Wellsco Date, Eurotool shall provide the DEHP Lead Free phthalate concentration standards of Section 2.4 to its then-current vendors or manufacturers of any Lead Covered Product and advise such entities of Eurotool’s preference that they supply any Lead Covered Product to Eurotool that is Lead Free. The form of the letter to be sent by Eurotool pursuant to this Section is attached hereto as Exhibit D. Eurotool shall maintain copies of all vendor correspondence generated pursuant to this Section for two years after the Effective Date and shall promptly produce copies of such records, pursuant to the Parties’ Confidentiality Agreement, upon written request from Xxxxx. 3.2.3 After the Effective Date, Eurotool shall provide the Phthalate Free concentration standards of Section 2.2 to any new vendors or manufacturers of any Phthalate Covered Product and instruct request such vendor entities not to incorporate supply any raw or component materials Phthalate Covered Product to Eurotool that do is not meet or exceed Phthalate Free. The form of the DEHP Free concentration standards of Section 2.2 into any Covered Product. Wellsco shall maintain copies of all vendor correspondence relating notice to the DEHP concentration standards and shall produce such copies to Davia within fifteen (15) days of receipt of written request from Davia 3.2.3 After the Effective Date, Wellsco shall provide the DEHP Free phthalate concentration standards of Section 2.2 be issued to any new vendors of any Covered Product and instruct such vendor not pursuant to incorporate any raw or component materials that do not meet or exceed the DEHP Free concentration standards of this Section 2.2 into any Covered Product. is attached hereto as Exhibit E. Prior to purchase and acquisition of any Phthalate Covered Product from any new vendor, Wellsco Eurotool shall obtain a written confirmation and accompanying laboratory test result from the new vendor demonstrating compliance with the DEHP Phthalate Free phthalate concentration standard standards in all vinyl components of the Phthalate Covered Product or demonstrating it is not commercially practical or feasible for the vendor to produce the product with materials that are Phthalate Free. For two years after the Effective Date, Eurotool shall maintain copies of all correspondence generated pursuant to this Section, including any test results received from a vendor, and shall, upon Xxxxx’x written request, promptly produce copies of such records to Davia. 3.2.4 After the Effective Date, Eurotool shall provide the Lead Free concentration standards of Section 2.4 to any new vendors or manufacturers of any Lead Covered Product and advise such entities of Eurotool’s preference that they supply any Lead Covered Product to Eurotool that is Lead Free. The form of the notice to be issued to any new vendors pursuant to this Section is attached hereto as Exhibit F. Prior to purchase and acquisition of any Lead Covered Product, or any brass component for any Lead Covered Product from any new vendor, that Eurotool contends meets the Lead Free concentration standards and which Eurotool intends to offer for sale without a warning pursuant to Section 3.3 below, Eurotool shall obtain a written confirmation and accompanying laboratory test result from the new vendor demonstrating the Lead concentration in all materials comprising the Lead Covered Product. For every Covered Product Wellsco manufactures, causes to be manufactured, orders, causes to be ordered or otherwise obtains from a new vendor two years after the Effective Date, Wellsco shall maintain copies of all testing of such products demonstrating compliance with this sectionfor every Lead Covered Product Eurotool contends meets the Lead Free concentration standards and intends to offer for sale without a warning pursuant to Section 3.3 below, Eurotool shall maintain copies of all vendor correspondence relating to the DEHP Lead Free concentration standards standards, including any test results received from a vendor, and shall promptly produce copies of such copies records, pursuant to Davia within fifteen (15) days of receipt of the Parties’ Confidentiality Agreement, upon Davia’s written request from Daviarequest. 3.2.4 No later than the January 3.2.5 As of July 1, 20172022, Wellsco Eurotool shall not manufacture or manufacture, cause to be manufactured, order purchase or cause otherwise obtain any Phthalate Covered Product unless such Phthalate Covered Product (1) meets the Phthalate Free concentration standards of Section 2.2; or (2) is not commercially available with materials that Eurotool can be confident are Phthalate Free. For purposes of this Agreement, a product shall be considered “not commercially available with materials that Eurotool can be confident are Phthalate Free” if, despite Eurotool’s expressed preference that suppliers provide only Phthalate Free Phthalate Covered Products as set forth in Sections 3.2.1 and 3.2.3, the supplier of such product cannot or will not provide sufficient information and assurances for Eurotool to be orderedreasonably certain that the product is Phthalate Free – including, distribute but not limited to, duplicate quality controlled test results using EPA testing methodologies 3580A and 8270C or cause equivalent methodologies utilized by federal or state agencies to be distributed or otherwise sell determine the presence and measure the quantity of phthalates in solid substances, demonstrating that all accessible components of any Phthalate Covered Product that contain less than or equal to 1,000 ppm of DEHP, DINP, DBP, DIDP, DnHP and BBP - and the same product is not DEHP Free. Wellsco available at the same or similar price from a supplier that can provide such assurances. 3.2.6 As of July 1, 2022, Eurotool shall comply with the above requirements by relying on information obtained from its vendorsnot manufacture, provided such reliance is in good faith. For every Covered Product Wellsco manufactures, causes cause to be manufactured, Orders, causes to be ordered purchase or otherwise sells after January 1, 2017, Wellsco shall maintain copies of all testing of obtain any Lead Covered Product unless such products demonstrating compliance with this section, shall maintain copies of all vendor correspondence relating to Lead Covered Product meets the DEHP Lead Free concentration standards and shall produce such copies to Davia within fifteen (15) days of receipt this Agreement or is labelled, either by Eurotool or its supplier, with a warning compliant with Section 3.3 of written request from Daviathis Agreement.

Product Reformulation Commitment. 3.2.1 No later than the Effective Date, and until January 1, 2017, Wellsco shall not sell or ship any Covered Product to any California vendors unless such Covered Product either (a) is reformulated pursuant to Sections 3.2.2 to 3.2.4 or (b) includes a warning as provided in Section 3.3. 3.2.2 No later than the Effective Date Wellsco Jewelry Supply shall provide the DEHP Phthalate Free phthalate concentration standards of Section 2.2 to its then-current vendors or manufacturers of any new Phthalate Covered Product, if any, and to its vendors of any vinyl material for any Phthalate Covered Product Product, if any, and instruct such vendor entities not to incorporate any raw or component materials that do not meet or exceed the DEHP Phthalate Free concentration standards of Section 2.2 into any Phthalate Covered ProductProduct or to supply any Phthalate Covered Product to Jewelry Supply that is not Phthalate Free. Wellsco Jewelry Supply shall maintain records of all correspondence or other communications generated pursuant to this Section for two years after the Effective Data and shall promptly produce copies of all vendor correspondence relating to the DEHP concentration standards and shall produce such copies to Davia within fifteen (15) days of receipt of records upon Davia’s written request from Daviarequest. 3.2.3 3.2.2 After the Effective Date, Wellsco if Jewelry Supply intends to sell Covered Products in the future, Jewelry Supply shall provide the DEHP Phthalate Free phthalate concentration standards of Section 2.2 to any new vendors or manufacturers of any Phthalate Covered Product and/or to any vendors of any vinyl material for any Phthalate Covered Product and instruct such vendor entities not to incorporate any raw or component materials that do not meet or exceed the DEHP Phthalate Free concentration standards of Section 2.2 into any Phthalate Covered Product. Prior to purchase and acquisition of any Phthalate Covered Product or any vinyl component for any Phthalate Covered Product from any new vendor, Wellsco Jewelry Supply shall obtain a written confirmation and accompanying laboratory test result from the new vendor demonstrating compliance with the DEHP Phthalate Free phthalate concentration standard in all materials comprising vinyl components of the Phthalate Covered Product. For two years after the Effective Date, for every Phthalate Covered Product Wellsco Jewelry Supply manufactures, causes to be manufactured, orders, causes to be ordered or otherwise obtains from a new vendor after the Effective Date, Wellsco if any, Jewelry Supply shall maintain copies of all testing of such products demonstrating compliance with this section, shall maintain copies of all vendor correspondence relating to the DEHP Phthalate Free concentration standards, and shall promptly produce copies of such records upon Davia’s written request. For every Phthalate Covered Product Jewelry Supply contends meets the Phthalate Free concentration standards and shall produce such copies intends to Davia within fifteen (15) days of receipt of written request from Davia. 3.2.4 No later than the January 1offer for sale without a warning pursuant to Section 3.3 below, 2017if any, Wellsco shall not manufacture or cause to be manufactured, order or cause to be ordered, distribute or cause to be distributed or otherwise sell any Covered Product that is not DEHP Free. Wellsco shall comply with the above requirements by relying on information obtained from its vendors, provided such reliance is in good faith. For every Covered Product Wellsco manufactures, causes to be manufactured, Orders, causes to be ordered or otherwise sells after January 1, 2017, Wellsco shall maintain copies of all testing of such products demonstrating compliance with this section, Jewelry Supply shall maintain copies of all vendor correspondence relating to the DEHP Phthalate Free concentration standards for two (2) years from the Effective Date and shall promptly produce such copies to Davia within fifteen (15) days of upon receipt of a written request from Davia. 3.2.3 As of October 1, 2021, Jewelry Supply shall not manufacture, cause to be manufactured, purchase or otherwise obtain any Phthalate Covered Product unless such Phthalate Covered Product meets the Phthalate Free concentration standards of this Agreement.

Product Reformulation Commitment. 3.2.1 No later than the Effective Date, and until January 1, 2017, Wellsco shall not sell or ship any Covered Product to any California vendors unless such Covered Product either (a) is reformulated pursuant to Sections 3.2.2 to 3.2.4 or (b) includes a warning as provided in Section 3.3. 3.2.2 No later than the Effective Date Wellsco Beauty Sourcing shall provide the DEHP Phthalate Free phthalate concentration standards of Section 2.2 to any new its then-current vendors or manufacturers of any Covered Product and to its vendors of any vinyl material for any Covered Product, and instruct such vendor entities not to incorporate any raw or component materials that do not meet or exceed the DEHP Phthalate Free concentration standards of Section 2.2 into any Covered ProductProduct or to supply any Covered Product to Beauty Sourcing that is not Phthalate Free. Wellsco Beauty Sourcing shall maintain copies of all vendor correspondence relating to the DEHP Phthalate Free concentration standards and shall produce such copies to Davia within fifteen thirty (1530) days of receipt of written request from Davia. 3.2.3 3.2.2 After the Effective Date, Wellsco Beauty Sourcing shall provide the DEHP Phthalate Free phthalate concentration standards of Section 2.2 to any new vendors or manufacturers of any Covered Product, to its vendors of any vinyl material for any Covered Product and instruct such vendor entities not to incorporate any raw or component materials that do not meet or exceed the DEHP Phthalate Free concentration standards of Section 2.2 into any Covered Product. Prior to purchase and acquisition of any Covered Product or any vinyl component for any Covered Product from any new vendor, Wellsco Beauty Sourcing shall obtain a written confirmation and accompanying laboratory test result from the new vendor demonstrating compliance with the DEHP Phthalate Free phthalate concentration standard in all materials comprising the Covered Product. For every Covered Product Wellsco Beauty Sourcing manufactures, causes to be manufactured, orders, causes to be ordered or otherwise obtains from a new vendor after the Effective Date, Wellsco Beauty Sourcing shall maintain copies of all testing of such products demonstrating compliance with this section, shall maintain copies of all vendor correspondence relating to the DEHP Phthalate Free concentration standards for two (2) years from the Effective Date and shall produce such copies to Davia within fifteen thirty (1530) business days of receipt of written request from Davia. For every Covered Product Beauty Sourcing contends meets the Phthalate Free concentration standards and intends to offer for sale to any California Customer without a warning pursuant to Section 3.3 below, Beauty Sourcing shall maintain copies of all vendor correspondence relating to the Phthalate Free concentration standards for two (2) years from the Effective Date and shall produce such copies to Davia within thirty (30) business days of receipt of written request from Davia. 3.2.4 3.2.3 No later than the January June 1, 20172020, Wellsco Beauty Sourcing shall not manufacture or cause to be manufactured, order or cause to be ordered, distribute or cause to be distributed or otherwise sell manufactured any Covered Product that is not DEHP Free. Wellsco shall comply with the above requirements by relying on information obtained from its vendors, provided unless such reliance is in good faith. For every Covered Product Wellsco manufactures, causes to be manufactured, Orders, causes to be ordered or otherwise sells after January 1, 2017, Wellsco shall maintain copies of all testing of such products demonstrating compliance with this section, shall maintain copies of all vendor correspondence relating to meets the DEHP Phthalate Free concentration standards and shall produce such copies to Davia within fifteen (15) days of receipt of written request from Daviathis Agreement.

Product Reformulation Commitment. 3.2.1 3.1.1 No later than the Effective Date, and until January 1, 2017, Wellsco shall not sell or ship any Covered Product to any California vendors unless such Covered Product either (a) is reformulated pursuant to Sections 3.2.2 to 3.2.4 or (b) includes a warning as provided in Section 3.3. 3.2.2 No later than the Effective Date Wellsco Berkshire Blanket shall provide the DEHP Phthalate Free phthalate concentration standards of Section 2.2 to any new its then-current vendors of any Covered Product and instruct such vendor entities not to incorporate any raw or component materials that do not meet or exceed the DEHP Phthalate Free concentration standards of Section 2.2 into any Covered Product. Wellsco Berkshire Blanket shall maintain copies of all vendor correspondence relating to the DEHP Phthalate Free concentration standards for two (2) years after the Effective Date and shall produce such copies to Davia within fifteen (15) days of receipt of written reasonable request made in writing from Davia, as long as such request is made within two (2) years after the Effective Date. 3.2.3 3.1.2 After the Effective Date, Wellsco Berkshire Blanket shall provide the DEHP Phthalate Free phthalate concentration standards of Section 2.2 to any new vendors New Vendors of any Covered Product and instruct such vendor entities not to incorporate any raw or component materials that do not meet or exceed the DEHP Phthalate Free concentration standards of Section 2.2 into any Covered Product. “New Vendors” means vendors of Covered Products from whom Berkshire Blanket was not obtaining Covered Products as of the Effective Date. Prior to purchase and acquisition of any Covered Product from any new vendorNew Vendor, Wellsco Berkshire Blanket shall obtain a written confirmation and accompanying laboratory test result from the new vendor New Vendor demonstrating compliance with the DEHP Phthalate Free phthalate concentration standard in all materials comprising the Covered Product. For two (2) years after the Effective Date, for every Covered Product Wellsco Berkshire Blanket manufactures, causes to be manufactured, orders, causes to be ordered or otherwise obtains from a new vendor New Vendor after the Effective Date, Wellsco Berkshire Blanket shall maintain copies of all testing of such products demonstrating compliance with this section, shall maintain copies of all vendor correspondence relating to the DEHP Phthalate Free concentration standards and shall produce such copies to Davia within fifteen (15) days of receipt of written reasonable request made in writing from DaviaDavia as long as such request is made within two (2) years after the Effective Date. 3.2.4 No later than the January 13.1.3 As of September 15, 20170000, Wellsco Xxxxxxxxx Xxxxxxx shall not manufacture or cause to be manufactured, order or cause to be ordered, distribute or cause to be distributed or otherwise sell any Covered Product that is not DEHP Phthalate Free. Wellsco shall comply with the above requirements by relying on information obtained from its vendors, provided such reliance is in good faith. For every Covered Product Wellsco Berkshire Blanket manufactures, causes to be manufactured, Ordersorders, causes to be ordered or otherwise sells after January 1the Effective Date, 2017, Wellsco Berkshire Blanket shall maintain copies of all testing of such products demonstrating compliance with this section, shall maintain copies of all vendor correspondence relating to the DEHP Phthalate Free concentration standards of Section 2.2 and shall produce such copies to Davia within fifteen (15) days of receipt of written reasonable request made in writing from Davia, as long as such request is made within two (2) years after the Effective Date.

Product Reformulation Commitment. 3.2.1 No later than the Effective Date, and until January 1, 2017, Wellsco shall not sell or ship any Covered Product to any California vendors unless such Covered Product either (a) is reformulated pursuant to Sections 3.2.2 to 3.2.4 or (b) includes a warning as provided in Section 3.3. 3.2.2 No later than the Effective Date Wellsco Fire Mountain shall provide the DEHP Phthalate Free phthalate concentration standards of Section 2.2 of this Agreement to any new its then-current vendors or manufacturers of any Phthalate Covered Product Product, and instruct such vendor entities not to incorporate into any Phthalate Covered Product any raw or component materials that do not meet or exceed the DEHP Phthalate Free concentration standards of Section 2.2 into of this Agreement and/or to supply any Phthalate Covered ProductProduct to Fire Mountain that is not Phthalate Free. Wellsco Fire Mountain shall maintain copies of all vendor correspondence relating generated pursuant to this Section for two years after the DEHP concentration standards Effective Date and shall promptly produce copies of such copies to Davia within fifteen (15) days of receipt of records upon Davia’s written request from Daviarequest. 3.2.3 3.2.2 After the Effective Date, Wellsco Fire Mountain shall provide the DEHP Free phthalate concentration standards of Section 2.2 to any new vendors of any Covered Product and instruct such vendor not to incorporate any raw or component materials that do not meet or exceed the DEHP Phthalate Free concentration standards of Section 2.2 into of this Agreement to any new vendors or manufacturers of any Phthalate Covered ProductProduct and request such entities not to supply any Phthalate Covered Product to Fire Mountain that does not meet the Phthalate Free concentration standards of Section 2.2 of this Agreement. Prior to purchase and acquisition of purchasing any Phthalate Covered Product from any new vendor, Wellsco Fire Mountain shall obtain a written confirmation and accompanying laboratory test result from the new vendor demonstrating compliance with the DEHP Phthalate Free phthalate concentration standard in all vinyl components of the Phthalate Covered Product or, alternatively, written confirmation that it is not commercially practical or feasible for the vendor to produce the product with materials comprising the Covered Productthat are Phthalate Free. For every Covered Product Wellsco manufactures, causes to be manufactured, orders, causes to be ordered or otherwise obtains from a new vendor two years after the Effective Date, Wellsco Fire Mountain shall maintain copies of all testing correspondence generated pursuant to this Section, including any test 3.2.3 After September 15, 2022, Fire Mountain shall not sell to any California Customer any Phthalate Covered Product unless such Phthalate Covered Product (1) meets the Phthalate Free concentration standards of Section 2.2 of this Agreement; or (2) is not commercially available with materials that Fire Mountain can be confident are Phthalate Free. For purposes of this Agreement, a product shall be considered “not commercially available with materials that Fire Mountain can be confident are Phthalate Free” if, despite Fire Mountain’s expressed preference that suppliers provide only Phthalate Free Phthalate Covered Products as set forth in Sections 3.2.1 and 3.2.2 of this Agreement, the supplier of such products demonstrating compliance with this section, shall maintain copies of all vendor correspondence relating to the DEHP concentration standards product cannot or will not provide sufficient information and shall produce such copies to Davia within fifteen (15) days of receipt of written request from Davia. 3.2.4 No later than the January 1, 2017, Wellsco shall not manufacture or cause assurances for Fire Mountain to be manufacturedreasonably certain that the product is Phthalate Free, order including but not limited to duplicate quality controlled test results using EPA testing methodologies 3580A and 8270C or cause equivalent methodologies utilized by federal or state agencies to be ordereddetermine the presence and measure the quantity of phthalates in solid substances, distribute or cause to be distributed or otherwise sell demonstrating that all accessible components of any Phthalate Covered Product that contain less than or equal to 1,000 ppm of DEHP, DINP, DBP, DIDP, DnHP and BBP - and the same product is not DEHP Free. Wellsco shall comply with available at the above requirements by relying on information obtained same price from its vendors, provided a supplier that can provide such reliance is in good faith. For every Covered Product Wellsco manufactures, causes to be manufactured, Orders, causes to be ordered or otherwise sells after January 1, 2017, Wellsco shall maintain copies of all testing of such products demonstrating compliance with this section, shall maintain copies of all vendor correspondence relating to the DEHP concentration standards and shall produce such copies to Davia within fifteen (15) days of receipt of written request from Daviaassurances.

Product Reformulation Commitment. 3.2.1 No later than 10 business days after the Effective Date, and until January 1, 2017, Wellsco shall not sell or ship any Covered Product to any California vendors unless such Covered Product either (a) is reformulated pursuant to Sections 3.2.2 to 3.2.4 or (b) includes a warning as provided in Section 3.3. 3.2.2 No later than the Effective Date Wellsco Town & Country shall provide the DEHP Phthalate Free phthalate concentration standards of Section 2.2 to any new its then-current vendors or manufacturers of any Covered Product and instruct such vendor entities not to incorporate any raw or component materials that do not meet or exceed the DEHP Phthalate Free concentration standards of Section 2.2 into any Covered Product. Wellsco Town & Country shall maintain copies of all vendor correspondence relating to the DEHP Phthalate Free concentration standards and shall produce such copies to Davia within fifteen (15) days of receipt of written request from Davia. 3.2.3 3.2.2 After the Effective Date, Wellsco Town & Country shall provide the DEHP Phthalate Free phthalate concentration standards of Section 2.2 to any new vendors or manufacturers of any Covered Product and instruct such vendor entities not to incorporate any raw or component materials that do not meet or exceed the DEHP Phthalate Free concentration standards of Section 2.2 into any Covered Product. Prior to purchase and acquisition of any Covered Product from any new vendor, Wellsco Town & Country shall obtain a written confirmation and accompanying laboratory test result from the new vendor demonstrating compliance with the DEHP Phthalate Free phthalate concentration standard in all materials comprising the Covered Product. For every Covered Product Wellsco Town & Country manufactures, causes to be manufactured, orders, causes to be ordered or otherwise obtains from a new vendor after the Effective Date, Wellsco Town & Country shall maintain copies of all testing of such products demonstrating compliance with this section, shall maintain copies of all vendor correspondence relating to the DEHP Phthalate Free concentration standards and shall produce such copies to Davia within fifteen (15) days of receipt of written request from Davia. 3.2.4 3.2.3 No later than the January 1Effective Date, 2017, Wellsco Town & Country shall not manufacture or cause to be manufactured, order or cause to be orderedordered for sale in California, distribute or cause to be distributed to any retailer that Town & Country reasonably understands maintains retail outlets or distribution in California or otherwise sell in California any Covered Product that is not DEHP Phthalate Free. Wellsco shall comply with the above requirements by relying on information obtained from its vendors, provided such reliance is in good faith. For every Covered Product Wellsco manufactures, causes to be manufactured, Orders, causes to be ordered or otherwise sells after January 1, 2017, Wellsco shall maintain copies of all testing of such products demonstrating compliance with this section, shall maintain copies of all vendor correspondence relating to the DEHP concentration standards and shall produce such copies to Davia within fifteen (15) days of receipt of written request from Davia.

Product Reformulation Commitment. 3.2.1 3.1.1 No later than the Effective Date, and until January 1, 2017, Wellsco shall not sell or ship any Covered Product to any California vendors unless such Covered Product either (a) is reformulated pursuant to Sections 3.2.2 to 3.2.4 or (b) includes a warning as provided in Section 3.3. 3.2.2 No later than the Effective Date Wellsco AIRE shall provide the DEHP Phthalate Free phthalate concentration standards of Section 2.2 to any new vendors its then-current manufacturers of any Covered Product and instruct inquire as to such vendor not to incorporate any raw or manufacturers whether component materials that do not meet or exceed the DEHP Phthalate Free concentration standards of Section 2.2 can be incorporated into any each Covered ProductProduct without compromising product performance. Wellsco AIRE shall maintain copies of all vendor manufacturer correspondence relating to the DEHP Phthalate Free concentration standards for two (2) years after the Effective Date and shall produce such copies to Davia within fifteen (15) days of receipt of written reasonable request made in writing from Davia, as long as such request is made within two (2) years after the Effective Date. 3.2.3 3.1.2 After the Effective Date, Wellsco AIRE shall provide the DEHP Phthalate Free phthalate concentration standards of Section 2.2 to any new vendors New Manufacturers of any Covered Product and instruct inquire as to such vendor not to incorporate any raw or manufacturers whether component materials that do not meet or exceed the DEHP Phthalate Free concentration standards of Section 2.2 can be incorporated into any Covered ProductProduct without compromising product performance. Prior to purchase and acquisition “New Manufacturers” means manufacturers of any Covered Product Products from any new vendorwhom AIRE was not obtaining Covered Products as of the Effective Date. 3.1.3 As a material term of this Agreement, Wellsco shall obtain a written confirmation and accompanying laboratory test result from the new vendor demonstrating compliance with the DEHP Free phthalate concentration standard in all materials comprising AIRE represents that it has already commenced labelling the Covered ProductProducts with clear and reasonable Proposition 65 warnings. For every Covered Product Wellsco manufacturesAs of the Effective Date, causes AIRE shall only manufacture, cause to be manufactured, ordersorder, causes cause to be ordered ordered, distribute or otherwise obtains from cause to be distributed Covered Products that are Phthalate Free or are labelled with a new vendor after clear and reasonable Proposition 65 warning as detailed in Section 3.3. As a material condition of this Section 3.1.3 obligation, AIRE shall not be subject to liability under this Section 3.1.3 for any Covered Product not ultimately sold to a consumer in the State of California. 3.1.4 After the Effective Date, Wellsco for every Covered Product AIRE distributes or otherwise sells to a California Customer without a Section 3.3 warning as a consequence of meeting the Phthalate Free concentration standards, AIRE shall maintain copies of all testing of such products demonstrating compliance with this sectionproducts, shall maintain copies of all vendor manufacturer correspondence relating to the DEHP Phthalate Free concentration standards of Section 2.2 and shall produce such copies to Davia within fifteen (15) days of receipt of written reasonable request made in writing from Davia, as long as such request is made within two (2) years after the Effective Date. 3.2.4 No later than the January 1, 2017, Wellsco shall not manufacture or cause to be manufactured, order or cause to be ordered, distribute or cause to be distributed or otherwise sell any Covered Product that is not DEHP Free. Wellsco shall comply with the above requirements by relying on information obtained from its vendors, provided such reliance is in good faith. For every Covered Product Wellsco manufactures, causes to be manufactured, Orders, causes to be ordered or otherwise sells after January 1, 2017, Wellsco shall maintain copies of all testing of such products demonstrating compliance with this section, shall maintain copies of all vendor correspondence relating to the DEHP concentration standards and shall produce such copies to Davia within fifteen (15) days of receipt of written request from Davia.

Product Reformulation Commitment. 3.2.1 No later than the Effective Date, and until January 1, 2017, Wellsco shall not sell or ship any Covered Product to any California vendors unless such Covered Product either (a) is reformulated pursuant to Sections 3.2.2 to 3.2.4 or (b) includes a warning as provided in Section 3.3. 3.2.2 No later than the Effective Date Wellsco GRIP shall provide the DEHP Phthalate Free phthalate concentration standards of Section 2.2 to any new its then-current vendors or manufacturers of any Covered Product and to its vendors of any vinyl material for any Covered Product, and instruct such vendor entities not to incorporate any raw or component materials that do not meet or exceed the DEHP Phthalate Free concentration standards of Section 2.2 into any Covered ProductProduct or to supply any Covered Product to Beauty Sourcing or 7-Eleven that is not Phthalate Free. Wellsco GRIP shall maintain copies of all vendor correspondence relating to the DEHP Phthalate Free concentration standards and shall produce such copies to Davia within fifteen (15) days of receipt of written request from Davia. 3.2.3 3.2.2 After the Effective Date, Wellsco GRIP shall provide the DEHP Phthalate Free phthalate concentration standards of Section 2.2 to any new vendors or manufacturers of any Covered Product, to its vendors of any vinyl material for any Covered Product and instruct such vendor entities not to incorporate any raw or component materials that do not meet or exceed the DEHP Phthalate Free concentration standards of Section 2.2 into any Covered Product. Prior to purchase and acquisition of any Covered Product or any vinyl component for any Covered Product from any new vendor, Wellsco GRIP shall obtain a written confirmation and accompanying laboratory test result from the new vendor demonstrating compliance with the DEHP Phthalate Free phthalate concentration standard in all materials comprising the Covered Product. For every Covered Product Wellsco GRIP manufactures, causes to be manufactured, orders, causes to be ordered or otherwise obtains from a new vendor after the Effective Date, Wellsco GRIP shall maintain copies of all testing of such products demonstrating compliance with this section, shall maintain copies of all vendor correspondence relating to the DEHP Phthalate Free concentration standards for two (2) years from the Effective Date and shall produce such copies to Davia within fifteen (15) business days of receipt of written request from Davia. 3.2.4 No later than the January 1, 2017, Wellsco shall not manufacture or cause to be manufactured, order or cause to be ordered, distribute or cause to be distributed or otherwise sell any Covered Product that is not DEHP Free. Wellsco shall comply with the above requirements by relying on information obtained from its vendors, provided such reliance is in good faith. For every Covered Product Wellsco manufacturesGRIP contends meets the Phthalate Free concentration standards and intends to offer for sale to any California Customer without a warning pursuant to Section 3.3 below, causes to be manufactured, Orders, causes to be ordered or otherwise sells after January 1, 2017, Wellsco shall maintain copies of all testing of such products demonstrating compliance with this section, GRIP shall maintain copies of all vendor correspondence relating to the DEHP Phthalate Free concentration standards for two (2) years from the Effective Date and shall produce such copies to Davia within fifteen (15) business days of receipt of written request from Davia. 3.2.3 No later than the October 1, 2019, GRIP shall not manufacture or cause to be manufactured any Covered Product unless such Covered Product meets the Phthalate Free concentration standards of this Agreement. No later than the December 1, 2020, GRIP shall not distribute or cause to be distributed to any Camping World retail store in California any Covered Product unless such Covered Product meets the Phthalate Free concentration standards of this Agreement.

Product Reformulation Commitment. 3.2.1 No later than the Effective Date, and until January 1should PPI continue to order the Covered Product, 2017, Wellsco shall not sell or ship any Covered Product to any California vendors unless such Covered Product either (a) is reformulated pursuant to Sections 3.2.2 to 3.2.4 or (b) includes a warning as provided in Section 3.3. 3.2.2 No later than the Effective Date Wellsco it shall provide the DEHP Phthalate Free phthalate concentration standards of Section 2.2 to any new its then- current vendors or manufacturers of any Covered Product and instruct such vendor entities not to incorporate any raw or component materials that do not meet or exceed the DEHP Phthalate Free concentration standards of Section 2.2 into any Covered ProductProduct or to supply any Covered Product to PPI that is not Phthalate Free. Wellsco PPI shall maintain copies of all vendor correspondence relating to the DEHP Phthalate Free concentration standards and shall produce such copies to Davia within fifteen (15) days of receipt of written request from DaviaXxxxx. 3.2.3 3.2.2 After the Effective Date, Wellsco PPI shall provide the DEHP Phthalate Free phthalate concentration standards of Section 2.2 to any new vendors or manufacturers of any Covered Product and instruct such vendor entities not to incorporate any raw or component materials that do not meet or exceed the DEHP Phthalate Free concentration standards of Section 2.2 into any Covered Product. Prior to purchase and acquisition of any Covered Product from any new vendor, Wellsco PPI shall obtain a written confirmation and accompanying laboratory test result from the new vendor demonstrating compliance with the DEHP Phthalate Free phthalate concentration standard in all materials comprising the Covered Product. For every Covered Product Wellsco PPI manufactures, causes to be manufactured, orders, causes to be ordered or otherwise obtains from a new vendor after the Effective Date, Wellsco PPI shall maintain copies of all testing of such products demonstrating compliance with this section, shall maintain copies of all vendor correspondence relating to the DEHP Phthalate Free concentration standards for two (2) years from the Effective Date and shall produce such copies to Davia within fifteen (15) business days of receipt of written request from Davia. 3.2.4 No later than the January 1, 2017, Wellsco shall not manufacture or cause to be manufactured, order or cause to be ordered, distribute or cause to be distributed or otherwise sell any Covered Product that is not DEHP Free. Wellsco shall comply with the above requirements by relying on information obtained from its vendors, provided such reliance is in good faith. For every Covered Product Wellsco manufacturesPPI contends meets the Phthalate Free concentration standards and intends to offer for sale without a warning pursuant to Section 3.3 below, causes to be manufactured, Orders, causes to be ordered or otherwise sells after January 1, 2017, Wellsco shall maintain copies of all testing of such products demonstrating compliance with this section, PPI shall maintain copies of all vendor correspondence relating to the DEHP Phthalate Free concentration standards for two (2) years from the Effective Date and shall produce such copies to Davia within fifteen (15) business days of receipt of written request from Davia. 3.2.3 As of the Effective Date, PPI shall not distribute any Covered Product unless such Covered Product meets the Phthalate Free concentration standards of this Agreement or is labelled with a warning as described in Section 3.3.

Product Reformulation Commitment. 3.2.1 3.1.1 No later than the Effective Date, and until January 1, 2017, Wellsco shall not sell or ship any Covered Product to any California vendors unless such Covered Product either (a) is reformulated pursuant to Sections 3.2.2 to 3.2.4 or (b) includes a warning as provided in Section 3.3. 3.2.2 No later than the Effective Date Wellsco Sunham shall provide the DEHP Phthalate Free phthalate concentration standards of Section 2.2 to any new its then-current vendors of any Covered Product and instruct such vendor entities not to incorporate any raw or component materials that do not meet or exceed the DEHP Phthalate Free concentration standards of Section 2.2 into any Covered Product. Wellsco Sunham shall maintain copies of all vendor correspondence relating to the DEHP Phthalate Free concentration standards and shall produce such copies to Davia within fifteen thirty (1530) days of receipt of written reasonable request made in writing from Davia. 3.2.3 3.1.2 After the Effective Date, Wellsco Sunham shall provide the DEHP Phthalate Free phthalate concentration standards of Section 2.2 to any new vendors New Vendors of any Covered Product and instruct such vendor entities not to incorporate any raw or component materials that do not meet or exceed the DEHP Phthalate Free concentration standards of Section 2.2 into any Covered Product. “New Vendors” means vendors of Covered Products from whom Sunham was not obtaining Covered Products as of the Effective Date. Prior to purchase and acquisition of any Covered Product from any new vendorNew Vendor, Wellsco Sunham shall obtain a request written confirmation and or accompanying laboratory test result from the new vendor demonstrating compliance with the DEHP Free phthalate concentration standard in all materials comprising the Covered Product. For every New Vendor indicating whether such Covered Product Wellsco manufactures, causes to be manufactured, orders, causes to be ordered is Phthalate Free or otherwise obtains from a new vendor after the Effective Date, Wellsco shall maintain copies of all testing of such products demonstrating compliance with this section, not. Sunham shall maintain copies of all vendor correspondence relating to the DEHP Phthalate Free concentration standards and shall produce such copies to Davia within fifteen thirty (1530) days of receipt of written reasonable request made in writing from Davia. 3.2.4 No later than 3.1.3 As of the January 1Effective Date, 2017, Wellsco Sunham shall not manufacture or cause to be manufactured, order or cause to be ordered, distribute or cause to be distributed or otherwise sell any product incorporating a Covered Product to a California Customer that is not either Phthalate Free or labeled with a Proposition 65 warning compliant with Section 3.3. For every product incorporating a Covered Product that is not DEHP Free. Wellsco shall comply with the above requirements by relying on information obtained from its vendors, provided such reliance is in good faith. For every Covered Product Wellsco Sunham manufactures, causes to be manufactured, Ordersorders, causes to be ordered or otherwise sells after January 1the Effective Date, 2017, Wellsco Sunham shall maintain copies of all testing of such products demonstrating compliance with this sectionCovered Products, shall maintain copies of all vendor correspondence relating to the DEHP Phthalate Free concentration standards of Section 2.2 and shall produce such copies to Davia within fifteen thirty (1530) days of receipt of written reasonable request made in writing from Davia. 3.1.4 Settling Defendant shall maintain records in accordance with this Section 3.1 for two years from the date of creation or receipt of such records and shall produce copies of such records upon written request by Davia so long as such request is made within three years of the Effective Date.

Product Reformulation Commitment. 3.2.1 3.1.1 No later than the Effective Date, and until January 1, 2017, Wellsco shall not sell or ship any Covered Product to any California vendors unless such Covered Product either (a) is reformulated pursuant to Sections 3.2.2 to 3.2.4 or (b) includes a warning as provided in Section 3.3. 3.2.2 No later than the Effective Date Wellsco Travelon shall provide the DEHP Phthalate Free phthalate concentration standards of Section 2.2 to any new its then-current vendors of any Covered Product and instruct such vendor entities not to incorporate provide any raw or component materials Covered Product that do does not meet or exceed the DEHP Phthalate Free concentration standards of Section 2.2 into any Covered Product2.2. Wellsco Travelon shall maintain copies of all vendor correspondence relating to the DEHP Phthalate Free concentration standards for two (2) years after the Effective Date and shall produce such copies to Davia within fifteen (15) days of receipt of written reasonable request made in writing from Davia. 3.2.3 3.1.2 After the Effective Date, Wellsco Travelon shall provide the DEHP Phthalate Free phthalate concentration standards of Section 2.2 to any new vendors New Vendors of any Covered Product and instruct such vendor entities not to incorporate provide any raw or component materials Covered Product that do does not meet or exceed the DEHP Phthalate Free concentration standards of Section 2.2 into any 2.2. “New Vendors” means vendors of Covered ProductProducts from whom Travelon was not obtaining Covered Products as of the Effective Date. Prior to purchase and acquisition of any Covered Product from any new vendorNew Vendor, Wellsco Travelon shall obtain a written confirmation and accompanying laboratory test result from the new vendor New Vendor demonstrating compliance with the DEHP Phthalate Free phthalate concentration standard in all materials comprising the for any Covered Product. For two (2) years after the Effective Date, for every Covered Product Wellsco Travelon manufactures, causes to be manufactured, orders, causes to be ordered or otherwise obtains from a new vendor after the Effective DateNew Vendor, Wellsco Travelon shall maintain copies of all testing of such products demonstrating compliance with this section, shall maintain copies of all vendor correspondence relating to the DEHP Phthalate Free concentration standards and shall produce such copies to Davia within fifteen (15) days of receipt of written reasonable request made in writing from Davia. 3.2.4 No later than the 3.1.3 As of January 1, 20172019, Wellsco Travelon shall not manufacture or manufacture, cause to be manufactured, order or cause to be ordered, distribute or cause to be distributed or otherwise sell ordered any Covered Product that is not DEHP Phthalate Free. Wellsco shall comply with the above requirements by relying on information obtained from its vendors, provided such reliance is in good faith. For every Covered Product Wellsco Travelon manufactures, causes to be manufactured, Ordersorders, causes to be ordered or otherwise sells after January 1the Effective Date, 2017Travelon shall, Wellsco shall for a period of two (2) years after placing the order, maintain copies of all testing of such products the product demonstrating compliance with this section, shall maintain copies of all vendor correspondence relating to the DEHP Phthalate Free concentration standards of Section 2.2 and shall produce such copies to Davia within fifteen (15) days of receipt of written reasonable request made in writing from Davia.

Product Reformulation Commitment. 3.2.1 3.1.1 No later than the Effective Date, and until January 1, 2017, Wellsco shall not sell or ship any Covered Product to any California vendors unless such Covered Product either (a) is reformulated pursuant to Sections 3.2.2 to 3.2.4 or (b) includes a warning as provided in Section 3.3. 3.2.2 No later than the Effective Date Wellsco Tween shall provide the DEHP Phthalate Free phthalate concentration standards of Section 2.2 2.3 to any new the then-current vendors of any Covered Product and Covered Packaging and instruct such vendor entities not to incorporate any raw or component materials that do not meet or exceed the DEHP Phthalate Free concentration standards of Section 2.2 2.3 into any Covered ProductPackaging. Wellsco Tween shall maintain copies of all vendor correspondence relating to the DEHP Phthalate Free concentration standards for two (2) years after the Effective Date and shall produce such copies to Davia within fifteen (15) days of receipt of written reasonable request made in writing from Davia, as long as such request is made within two (2) years after the Effective Date. 3.2.3 3.1.2 After the Effective Date, Wellsco Tween shall provide the DEHP Phthalate Free phthalate concentration standards of Section 2.2 2.3 to any new vendors New Vendors of any Covered Product or Covered Packaging and instruct such vendor entities not to incorporate any raw or component materials that do not meet or exceed the DEHP Phthalate Free concentration standards of Section 2.2 2.3 into any Covered ProductPackaging. “New Vendors” means vendors of Covered Products from Tween was not obtaining Covered Products as of the Effective Date. Prior to purchase and acquisition of any Covered Product from any new vendorNew Vendor, Wellsco Tween shall obtain a written confirmation and accompanying laboratory test result from the new vendor New Vendor demonstrating compliance with the DEHP Phthalate Free phthalate concentration standard in all materials comprising the Covered ProductPackaging. For two (2) years after the Effective Date, for every Covered Product Wellsco Tween manufactures, causes to be manufactured, orders, causes to be ordered or otherwise obtains from a new vendor New Vendor after the Effective Date, Wellsco Tween shall maintain copies of all testing of such products demonstrating compliance with this section, shall maintain copies of all vendor correspondence relating to the DEHP Phthalate Free concentration standards and shall produce such copies to Davia within fifteen (15) days of receipt of written reasonable request made in writing from DaviaDavia as long as such request is made within two (2) years after the Effective Date. 3.2.4 No later than 3.1.3 As of the January 1Effective Date, 2017, Wellsco Tween shall not manufacture or cause to be manufactured, order or cause to be ordered, distribute or cause to be distributed or otherwise sell in the State of California any Covered Product incorporating Covered Packaging that is not DEHP Phthalate Free. Wellsco shall comply with the above requirements by relying on information obtained from its vendors, provided such reliance is in good faith. For every Covered Product Wellsco Tween manufactures, causes to be manufactured, Ordersorders, causes to be ordered or otherwise sells in California after January 1the Effective Date, 2017, Wellsco Tween shall maintain copies of all testing of such products incorporated Covered Packaging demonstrating compliance with this section, shall maintain copies of all vendor correspondence relating to the DEHP Phthalate Free concentration standards of Section 2.3 and shall produce such copies to Davia within fifteen (15) days of receipt of written reasonable request made in writing from Davia, as long as such request is made within two (2) years after the Effective Date.

Product Reformulation Commitment. 3.2.1 No later than the Effective Date, and until January 1, 2017, Wellsco shall not sell or ship any Covered Product to any California vendors unless such Covered Product either (a) is reformulated pursuant to Sections 3.2.2 to 3.2.4 or (b) includes a warning as provided in Section 3.3. 3.2.2 No later than the Effective Date Wellsco Madden shall provide the DEHP Phthalate Free phthalate concentration standards of Section 2.2 to its then-current vendors or manufacturers of any new Covered Product and to its vendors of any vinyl material for any Covered Product and instruct such vendor entities not to incorporate any raw or component materials that do not meet or exceed the DEHP Phthalate Free concentration standards of Section 2.2 into any Covered ProductProduct or to supply any Covered Product that is not Phthalate Free. Wellsco Madden shall maintain copies of all vendor correspondence relating to the DEHP Phthalate Free concentration standards and shall produce such copies to Davia within fifteen (15) days of receipt of written request from Davia. 3.2.3 3.2.2 After the Effective Date, Wellsco Madden shall provide the DEHP Phthalate Free phthalate concentration standards of Section 2.2 to any new vendors or manufacturers of any Covered Product, to its vendors of any vinyl material for any Covered Product and instruct such vendor entities not to incorporate any raw or component materials that do not meet or exceed the DEHP Phthalate Free concentration standards of Section 2.2 into any Covered Product. Prior to purchase and acquisition of any Covered Product or any vinyl component for any Covered Product from any new vendor, Wellsco Madden shall obtain a written confirmation and accompanying laboratory test result from the new vendor demonstrating compliance with the DEHP Phthalate Free phthalate concentration standard in all materials comprising the Covered Product. For every Covered Product Wellsco Madden manufactures, causes to be manufactured, orders, causes to be ordered or otherwise obtains from a new vendor after the Effective Date, Wellsco Madden shall maintain copies of all testing of such products demonstrating compliance with this section, shall maintain copies of all vendor correspondence relating to the DEHP Phthalate Free concentration standards for two (2) years from the Effective Date and shall produce such copies to Davia within fifteen (15) business days of receipt of written request from Davia. 3.2.4 No later than the January 1, 2017, Wellsco shall not manufacture or cause to be manufactured, order or cause to be ordered, distribute or cause to be distributed or otherwise sell any Covered Product that is not DEHP Free. Wellsco shall comply with the above requirements by relying on information obtained from its vendors, provided such reliance is in good faith. For every Covered Product Wellsco manufacturesMadden contends meets the Phthalate Free concentration standards and intends to offer for sale to any California Customer without a warning pursuant to Section 3.3 below, causes to be manufactured, Orders, causes to be ordered or otherwise sells after January 1, 2017, Wellsco shall maintain copies of all testing of such products demonstrating compliance with this section, Madden shall maintain copies of all vendor correspondence relating to the DEHP Phthalate Free concentration standards for two (2) years from the Effective Date and shall produce such copies to Davia within fifteen (15) business days of receipt of written request from Davia. 3.2.3 No later than the December 1, 2020, Madden shall not manufacture or cause to be manufactured any Covered Product unless such Covered Product meets the Phthalate Free concentration standards of this Agreement. No later than the April 1, 2021, Madden shall not distribute or cause to be distributed to any TJX Companies, Inc. or Marmaxx retail store in California, or Xxxxxxxxx.xxx, any Covered Product unless such Covered Product meets the Phthalate Free concentration standards of this Agreement.