Injunctive Relief Warnings or Reformulation Sample Clauses

Injunctive Relief Warnings or Reformulation. 2.1 Commencing on the Compliance Date, and continuing thereafter, GFV agrees to “Distribute into the State of California” or directly sell in the State of California Covered Product resulting in exposures of less than 0.5 micrograms of lead per day, or alternatively comply with the warning requirements under Section 2.2. As used in this Settlement Agreement, the term "Distribute into the State of California" shall mean to directly ship a Covered Product into California for sale in California or to sell a Covered Product to a distributor, retailer, or other business entity that GFV knows or has reason to know will sell the Covered Product in California. The injunctive relief in Section 2 does not apply to any Covered Product that is already in the stream of commerce—including but not limited to the possession and control of distributors and retailers—as of the Compliance Date, and all claims as to such Covered Product are released in this Settlement Agreement.
AutoNDA by SimpleDocs
Injunctive Relief Warnings or Reformulation. 2.1 Injunctive Relief Pursuant to the terms set forth below, with respect to Products sold in California, Etsy, at its option, agrees to either: (a) require suppliers and vendors to provide only Reformulated Products; (b) require its suppliers and vendors of Products sold on xxxx.xxx to provide clear and reasonable Proposition 65 warnings for the Products as set forth in subsection 2.3, below; or (c) cease selling the Products to consumers in California, and/or delist the Products offered for sale from xxxx.xxx as set forth in subsection 2.4. The Parties understand and agree that some Products may appear on xxxx.xxx that contain no warning, but are not available for sale to California consumers (sales cannot be completed) and that this complies with this subsection 2.1(c).
Injunctive Relief Warnings or Reformulation 

Related to Injunctive Relief Warnings or Reformulation

  • Injunctive Relief Warnings No later than six (6) months after the Effective Date, DSD may, in its sole discretion, either cease selling, offering for sale or distributing the Products in California, or may manufacture, import, or otherwise source for authorized sale in California only Products labeled with a clear and reasonable Proposition 65 warning pursuant to Section 2.1 below. Products that were manufactured, supplied or contracted to be supplied to third parties by DSD prior to 6 months after the Effective Date shall be deemed exempted from the requirements of this Section 2 and shall be permitted to be sold through as previously manufactured, packaged and labeled.

  • Injunctive Relief The Borrower recognizes that, in the event the Borrower fails to perform, observe or discharge any of its obligations or liabilities under this Agreement, any remedy of law may prove to be inadequate relief to the Lenders. Therefore, the Borrower agrees that the Lenders, at the Lenders’ option, shall be entitled to temporary and permanent injunctive relief in any such case without the necessity of proving actual damages.

  • Relief The Executive agrees that it would be difficult to measure any damages caused to the Company which might result from any breach by the Executive of the Continuing Obligations, and that in any event money damages would be an inadequate remedy for any such breach. Accordingly, the Executive agrees that if the Executive breaches, or proposes to breach, any portion of the Continuing Obligations, the Company shall be entitled, in addition to all other remedies that it may have, to an injunction or other appropriate equitable relief to restrain any such breach without showing or proving any actual damage to the Company.

Time is Money Join Law Insider Premium to draft better contracts faster.