Common use of Public Benefit Clause in Contracts

Public Benefit. It is XR's understanding that the commitments it has agreed to herein, and actions to be taken by XR under this Settlement Agreement 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 XR that to the extent any other private party serves a notice and/or initiates an action alleging a violation of Proposition 65 with respect to XR's alleged failure to provide a warning concerning actual or alleged exposure to DEHP prior to use of the Covered 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 Covered Products addressed in this Settlement Agreement, provided that XR is in material compliance with this Settlement Agreement.

Public Benefit. It is XR's Xxxxxx-Xxxxxxx’x understanding that the commitments it has agreed to herein, and actions to be taken by XR Xxxxxx-Xxxxxxx under this Settlement Agreement 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 XR Xxxxxx-Xxxxxxx that to the extent any other private party serves a notice and/or initiates an action alleging a violation of Proposition 65 with respect to XR's alleged Xxxxxx- Xxxxxxx failure to provide a warning concerning actual or alleged exposure to DEHP prior to use of the Covered 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 Covered Products addressed in this Settlement Agreement, provided that XR Xxxxxx- Xxxxxxx is in material compliance with this Settlement Agreement.

Public Benefit. It is XRZB's understanding that the commitments it has agreed to herein, and actions to be taken by XR ZB under this Settlement Agreement 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 XR ZB that to the extent any other private party serves a notice and/or initiates an action alleging a violation of Proposition 65 with respect to XRZB's alleged failure to provide a warning concerning actual or alleged exposure to DEHP mercury prior to use of the Covered 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 Covered Products addressed in this Settlement Agreement, provided that XR ZB is in material compliance with this Settlement Agreement.

Public Benefit. It is XR's Xxxxx'x understanding that the commitments it has agreed to herein, and actions to be taken by XR Xxxxx under this Settlement Agreement 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 XR Xxxxx that to the extent any other private party serves a notice and/or initiates an action alleging a violation of Proposition 65 with respect to XR's Xxxxx'x alleged failure to provide a warning concerning actual or alleged exposure to DEHP lead prior to use of the Covered 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 Covered Products addressed in this Settlement Agreement, provided that XR Xxxxx is in material compliance with this Settlement Agreement.

Public Benefit. It is XR's Xxxx'x understanding that the commitments it has agreed to herein, and actions to be taken by XR Xxxx under this Settlement Agreement Agreement, 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 XR Xxxx that to the extent any other private party serves a notice and/or initiates an action alleging a violation of Proposition 65 with respect to XR's Xxxx'x alleged failure to provide a warning concerning actual or alleged exposure to DEHP cadmium prior to use of the Covered Products it has manufactured, imported, 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 Covered Products addressed in this Settlement Agreement, provided that XR Xxxx is in material compliance with this Settlement Agreement.

Public Benefit. It is XRXxxx 's understanding that the commitments it has agreed to herein, and actions to be taken by XR Nova under this Settlement Agreement 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 XR Nova that to the extent any other private party serves a notice and/or initiates an action alleging a violation of Proposition 65 with respect to XRXxxx 's alleged failure to provide a warning concerning actual or alleged exposure to DEHP prior to use of the Covered 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 Covered Products addressed in this Settlement Agreement, provided that XR Nova is in material compliance with this Settlement Agreement.

Public Benefit. It is XR's Xxxxx'x understanding that the commitments it has agreed to herein, and actions to be taken by XR Xxxxx under this Settlement Agreement 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 XR Luchi that to the extent any other private party serves a notice and/or initiates an action alleging a violation of Proposition 65 with respect to XR's Xxxxx'x alleged failure to provide a warning concerning actual or alleged exposure to DEHP cadmium prior to use of the Covered 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 Covered Products addressed in this Settlement Agreement, provided that XR Luchi is in material compliance with this Settlement Agreement.

Public Benefit. It is XRQPC's understanding that the commitments it has agreed to herein, and actions to be taken by XR QPC under this Settlement Agreement 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 XR QPC that to the extent any other private party serves a notice and/or initiates an action alleging a violation of Proposition 65 with respect to XRQPC's alleged failure to provide a warning concerning actual or alleged exposure to DEHP cadmium prior to use of the Covered 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 Covered Products addressed in this Settlement Agreement, provided that XR QPC is in material compliance with this Settlement Agreement.

Public Benefit. It is XR's Japonesque’s understanding that the commitments it has agreed to herein, and actions to be taken by XR Japonesque under this Settlement Agreement 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 XR Japonesque that to the extent any other private party serves a notice and/or initiates an action alleging a violation of Proposition 65 with respect to XR's Japonesque’s alleged failure to provide a warning concerning actual or alleged exposure to DEHP TiO2 prior to use of the Covered 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 Covered Products addressed in this Settlement Agreement, provided that XR Japonesque is in material compliance with this Settlement Agreement.

Public Benefit. It is XROutlier's understanding that the commitments it has agreed to herein, and actions to be taken by XR Outlier under this Settlement Agreement 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 XR Outlier that to the extent any other private party serves a notice and/or initiates an action alleging a violation of Proposition 65 with respect to XROutlier's alleged failure to provide a warning concerning actual or alleged exposure to DEHP lead prior to use of the Covered 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 Covered Products addressed in this Settlement Agreement, provided that XR Outlier is in material compliance with this Settlement Agreement.

Public Benefit. It is XRPBD's understanding that the commitments it has agreed to herein, and actions to be taken by XR PBD under this Settlement Agreement 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 XR PBD that to the extent any other private party serves a notice and/or initiates an action alleging a violation of Proposition 65 with respect to XRPBD's alleged failure to provide a warning concerning actual or alleged exposure to DEHP TiO2 prior to use of the Covered 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 Covered Products addressed in this Settlement Agreement, provided that XR PBD is in material compliance with this Settlement Agreement.

Public Benefit. It is XR's AGM’s understanding that the commitments it has agreed to herein, and actions to be taken by XR AGM under this Settlement Agreement Agreement, would confer a significant benefit to the general public, as set forth in Code of Civil Procedure section 1021.5, California Health & Safety Code § 1021.5 25249 et seq., and Cal. Admin. Code tit. 11, § section 3201. As such, it is the intent of XR AGM that to the extent any other private party serves a notice and/or initiates an action alleging a violation of Proposition 65 with respect to XR's AGM’s alleged failure to provide a warning concerning actual or alleged exposure to DEHP prior with respect to use of the Covered 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 Covered Products addressed in this Settlement Agreement, provided that XR AGM is in material compliance with this Settlement Agreement.

Public Benefit. It is XRXxxxxx's understanding that the commitments it has agreed to herein, and actions to be taken by XR Xxxxxx under this Settlement Agreement 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 XR Xxxxxx that to the extent any other private party serves a notice and/or initiates an action alleging a violation of Proposition 65 with respect to XRXxxxxx's alleged failure to provide a warning concerning actual or alleged exposure to DEHP lead prior to use of the Covered 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 Covered Products addressed in this Settlement Agreement, provided that XR Xxxxxx is in material compliance with this Settlement Agreement.

Public Benefit. It is XRXxxxx 's understanding that the commitments it has agreed to herein, and actions to be taken by XR Obagi under this Settlement Agreement 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 XR Obagi that to the extent any other private party serves a notice and/or initiates an action alleging a violation of Proposition 65 with respect to XRXxxxx 's alleged failure to provide a warning concerning actual or alleged exposure to DEHP DEA prior to use of the Covered 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 Covered Products addressed in this Settlement Agreement, provided that XR Obagi is in material compliance with this Settlement Agreement.

Public Benefit. It is XRFFL's understanding that the commitments it has agreed to herein, and actions to be taken by XR FFL under this Settlement Agreement 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 XR FFL that to the extent any other private party serves a notice and/or initiates an action alleging a violation of Proposition 65 with respect to XRFFL's alleged failure to provide a warning concerning actual or alleged exposure to DEHP lead prior to use of the Covered 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 Covered Products addressed in this Settlement Agreement, provided that XR FFL is in material compliance with this Settlement Agreement.

Public Benefit. It is XRXxxx's understanding that the commitments it has agreed to herein, and actions to be taken by XR Glow under this Settlement Agreement 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 XR Glow that to the extent any other private party serves a notice and/or initiates an action alleging a violation of Proposition 65 with respect to XRGlow's alleged failure to provide a warning concerning actual or alleged exposure to DEHP TiO2 prior to use of the Covered 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 Covered Products addressed in this Settlement Agreement, provided that XR Glow is in material compliance with this Settlement Agreement.

Public Benefit. It is XRXxxxxx 's understanding that the commitments it has agreed to herein, and actions to be taken by XR Kencko under this Settlement Agreement 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 XR Kencko that to the extent any other private party serves a notice and/or initiates an action alleging a violation of Proposition 65 with respect to XRKencko 's alleged failure to provide a warning concerning actual or alleged exposure to DEHP lead prior to use of the Covered 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 Covered Products addressed in this Settlement Agreement, provided that XR Kencko is in material compliance with this Settlement Agreement.

Public Benefit. It is XRZB's understanding that the commitments it has agreed to herein, and actions to be taken by XR ZB under this Settlement Agreement 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 XR ZB that to the extent any other private party serves a notice and/or initiates an action alleging a violation of Proposition 65 with respect to XRZB's alleged failure to provide a warning concerning actual or alleged exposure to DEHP mercury prior to use of the Covered 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 Covered Products addressed in this Settlement Agreement, provided that XR ZB is in material compliance with this Settlement Agreement.Agreement.‌‌

Public Benefit. It is XR's Xxxx’s understanding that the commitments it has agreed to herein, and actions to be taken by XR Xxxx’s under this Settlement Agreement 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 XR Xxxx’s that to the extent any other private party serves a notice and/or initiates an action alleging a violation of Proposition 65 with respect to XR's Xxxx’s alleged failure to provide a warning concerning actual or alleged exposure to DEHP prior to use of lead the Covered 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 Covered Products addressed in this Settlement Agreement, provided that XR Xxxx’s is in material compliance with this Settlement Agreement.

Public Benefit. It is XR's X.X. Xxxxxx’ understanding that the commitments it has agreed to herein, and actions to be taken by XR X.X. Xxxxxx under this Settlement Agreement 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 XR X.X. Xxxxxx that to the extent any other private party serves a notice and/or initiates an action alleging a violation of Proposition 65 with respect to XR's alleged X.X. Xxxxxx failure to provide a warning concerning actual or alleged exposure to DEHP prior to use of the Covered 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 Covered Products addressed in this Settlement Agreement, provided that XR X.X. Xxxxxx is in material compliance with this Settlement Agreement.

Public Benefit. It is XRXxxxxx's understanding that the commitments it has agreed to herein, and actions to be taken by XR Promix under this Settlement Agreement 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 XR Promix that to the extent any other private party serves a notice and/or initiates an action alleging a violation of Proposition 65 with respect to XRPromix's alleged failure to provide a warning concerning actual or alleged exposure to DEHP lead prior to use of the Covered 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 Covered Products addressed in this Settlement Agreement, provided that XR Promix is in material compliance with this Settlement Agreement.