Proposition 65 Clause Samples

Proposition 65. Chemicals known to the State of California to cause cancer and reproductive harm are present at the Project.

Proposition 65. Tenant acknowledges and agrees that it is exclusively responsible for compliance with California’s Safe Drinking Water and Toxic Enforcement Act of 1986 (known as Proposition 65) on the Premises, including but not limited to the Building. Tenant specifically agrees that it is responsible to determine whether the Premises require Proposition 65 warning(s), and when warning obligation(s) are triggered, Tenant must provide clear and reasonable Proposition 65 warnings to persons as provided in the Proposition 65 statutes and regulations. Both parties expressly acknowledge that Landlord is not responsible to assess the Premises for compliance with Proposition 65 or review the adequacy of warnings provided by Tenant. To the extent the Premises are leased to Tenant with Proposition 65 warnings already thereon, these warnings are not a representation by Landlord that the Premises are currently compliant with Proposition 65, and Tenant expressly agrees it retains responsibility to maintain, update, and supplement those warnings, as is necessary for compliance. Tenant agrees to indemnify, defend and hold harmless Landlord and the Indemnitees from and against all claims, demands, liabilities, causes of action, suits, judgments, damages, and expenses (including attorneys’ fees) and all losses and damages arising from any alleged violation of Proposition 65 on the Premises.

Proposition 65. Seller warrants that all Goods sold hereunder will not, under normal conditions of shipment, storage, or use, cause any person to be exposed to a chemical which is a carcinogen or a reproductive toxin listed under the California Safe Drinking Water and Toxic Enforcement Act of 1986 in quantities which would require that a warning be given prior to such exposure under the Act.

Proposition 65. Airline shall deliver to Port a copy of any notices posted, distributed or published pursuant to Proposition 65, Chapter 6.6, Safe Drinking Water and Toxic Enforcement Act of 1986, Health and Safety Code section 25249.5 et seq that relates to the Airport property or other Port property.

Proposition 65. The Port will include in its required training programs safety issues related to Proposition 65 safety protocols and hazards. The Parties agree to establish a Committee of four (4) Union-designated members and four (4) management-designated members to investigate and make recommendations to the Port on safety issues related to Proposition 65, including, but not limited to, exposure to jet fuel. This Committee may, at its option, engage a consultant to provide guidance, expertise, and recommendations on these issues. The Committee shall make a reasonable effort to make recommendations within six months of the effective date of this Agreement.

Proposition 65. Supplier will comply with its obligations under the Safe Drinking Water and Toxic Enforcement Act of 1986 of the State of California (“Proposition 65”). If the Products contain any Proposition 65 listed chemicals, the Products will be delivered with the warning labeling in full compliance with Proposition 65. If such chemicals are within safe harbor levels not requiring warning labeling under Proposition 65, Honeywell may request Supplier to provide certification, test protocol and test results evidencing that warning labeling is not required.

Proposition 65. The Safe Drinking Water and Toxic Enforcement Act requires any person in the course of doing business who exposes an individual in California to lead or brass chemicals "known to the State" to cause cancer and reproductive toxicity, to first give "clear and reasonable" warning. Management will make Proposition 65 warning signs available to Exhibitors at no charge. By providing signs, Management is not providing any legal advice or making any representation concerning their use, it is up to Exhibitor to determine if use is required.

Proposition 65. Tenant acknowledges and agrees that it is exclusively responsible for compliance with California’s Safe Drinking Water and Toxic Enforcement Act of 1986 (known as Proposition 65) on the Premises. Tenant specifically agrees that it is responsible to determine whether the Premises require Proposition 65 warning(s), and when warning obligation(s) are triggered, Tenant must provide clear and reasonable Proposition 65 warnings to persons as provided in the Proposition 65 statutes and regulations. Both parties expressly acknowledge that Landlord is not responsible to assess the Premises for compliance with Proposition 65 or review the adequacy of warnings provided by Tenant. To the extent the Premises are leased to Tenant with Proposition 65 warnings already thereon, these warnings are not a representation by Landlord that the Premises are currently compliant with Proposition 65, and Tenant expressly agrees it retains responsibility to maintain, update, and supplement those warnings, as is necessary for compliance.

Proposition 65. Seller shall disclose to Buyer the presence of any chemical listed under California’s Proposition 65 (California Health & Safety Code Sections 25249.6, et seq.) in goods supplied by Seller.