Common use of Changes to the Extended Requirements Clause in Contracts

Changes to the Extended Requirements. (i) The ER Owner shall provide prior written notice (“ER Change Notice”) to the Compliance Party specifying any addition, change or modification to the Extended Requirements of an ER Mark no less than three (3) months prior to the effective date of any such addition, change or modification to the Extended Requirements of such ER Mark (“ER Effective Date”). The ER Owner and the Compliance Party shall comply with any additions, changes or modifications to any Extended Requirement no later than twenty-four (24) months after the ER Effective Date (“ER Implementation Date”); provided, that the ER Owner and the Compliance Party shall use commercially reasonable efforts to implement such additions, changes or modifications as promptly as practicable to the extent such implementation can be effected at minimal cost (e.g., a packaging change can be implemented at such time as another packaging change is to be performed or implemented). (ii) Notwithstanding the ER Owner’s right to add, change or modify any Extended Requirement of an ER Mark from time to time pursuant to an ER Change Notice, a Compliance Party shall not be required to implement any new additions, changes or modifications to the Extended Requirement(s) of an ER Mark earlier than three (3) years following the prior ER Implementation Date (“ER Update Date”). At the ER Update Date, the ER Owner shall implement any cumulative additions, changes or modifications to the Extended Requirement(s) of an ER Mark since the prior ER Effective Date which are specified in an applicable ER Change Notice.