Common use of General Allegations Clause in Contracts

General Allegations. Xxxxxxx alleges that the Settling Entity manufactures, imports, distributes, retails and/or otherwise facilitates for sale in California the Product defined below, and that it does so without providing the health hazard warning required by Proposition 65 for consumer exposures to lead. Lead is listed pursuant to Proposition 65 as a chemical known to the State of California to cause cancer and birth defects or other reproductive harm. The Settling Entity entered into this Settlement Agreement on behalf of the noticed violator described in subsection 1.4 below, with whom such Settling Entity has a contract for the product at issue which contains indemnity and defense clauses. The Settling Entity has accepted a tender from the noticed violator. Additionally, the Settling Entity approached Xxxxxxx to resolve the noticed violator (and/or Settling Entity’s) alleged liability. And, the Settling Entity is accepting any alleged liability for such violator and is making additional voluntary commitments in furtherance of the public interest set forth below, including those expressed in subsection 2.7 contained herein.

Appears in 9 contracts

Samples: S Ettlement Agreement, Settlement Agreement, Settlement Agreement

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General Allegations. Xxxxxxx alleges that the Settling Entity manufactures, imports, distributes, wholesales, retails and/or otherwise facilitates for sale in California the Product defined below, and that it does so without providing the health hazard warning required by Proposition 65 for consumer exposures to lead. Lead is listed pursuant to Proposition 65 as a chemical known to the State of California to cause cancer and birth defects or and other reproductive harm. The Settling Entity entered into this Settlement Agreement on behalf of the noticed violator described in subsection 1.4 below, with whom such Settling Entity has a contract for the product at issue which contains indemnity and defense clauses. The Settling Entity has accepted a tender from the noticed violator. Additionally, the Settling Entity approached Xxxxxxx to resolve the noticed violator (and/or Settling Entity’s) alleged liability. And, the Settling Entity is accepting any alleged liability for such violator and is making additional voluntary commitments in furtherance of the public interest set forth below, including those expressed in subsection 2.7 contained herein.

Appears in 1 contract

Samples: Settlement Agreement

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General Allegations. Xxxxxxx alleges that the Settling Entity manufactures, imports, distributes, retails and/or otherwise facilitates for sale in California the Product Products defined below, and that it does so without providing the health hazard warning required by Proposition 65 for consumer exposures to lead. Lead is listed pursuant to Proposition 65 as a chemical known to the State of California to cause cancer and birth defects or other reproductive harm. The Settling Entity entered into this Settlement Agreement on behalf of the noticed violator described in subsection 1.4 below, with whom such Settling Entity has a contract for the product at issue which contains indemnity and defense clauses. The Settling Entity has accepted a tender from the noticed violator. Additionally, the Settling Entity approached Xxxxxxx to resolve the noticed violator (and/or Settling Entity’s) alleged liability. And, the Settling Entity is accepting any alleged liability for such violator and is making additional voluntary commitments in furtherance of the public interest set forth below, including those expressed in subsection 2.7 contained herein.

Appears in 1 contract

Samples: Settlement Agreement

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