Reformulation/Warning Commitment Clause Samples

Reformulation/Warning Commitment. As of the Effective Date, Big Lots shall not manufacture, import, distribute, sell or offer the Products for sale in the State of California unless they are Reformulated Products pursuant to Section 2.1 or bear a warning pursuant to Section 2.3.

Reformulation/Warning Commitment. As of the Effective Date, Enchante shall not sell or offer the Products for sale in the State of California unless they are Reformulated Products pursuant to Section 2.1 or contain a warning as set forth in Section 2.3 below. The Parties agree and intend that compliance with the terms of this Settlement Agreement shall constitute compliance with Proposition 65 with respect to exposures to DEHP from the Products. Notwithstanding the foregoing, Products that were supplied to third parties by Enchante prior to the Effective Date shall be deemed exempted from the requirements of Sections 2.2 and 2.3 and shall be permitted to be sold through as previously manufactured, packaged and labeled, as they were included in the calculation of civil penalties due pursuant to Section 3.1.

Reformulation/Warning Commitment. As of the Effective Date, BWTC shall not manufacture, import, distribute, sell or offer the Products for sale in the State of California unless they are Reformulated Products pursuant to Section 2.1 or bear a warning pursuant to Section 2.3.

Reformulation/Warning Commitment. As of the Effective Date, Euromarket shall not manufacture, import, distribute, sell or offer the Products for sale in the State of California unless: (i) the Products are Reformulated Products pursuant to Section 2.2; or (ii) Euromarket provides a clear and reasonable warning pursuant to Section 2.3. The Parties agree and intend that Euromarket’s compliance with the terms of this Settlement Agreement shall constitute its compliance with Proposition 65 with respect to exposures to lead from the Products.

Reformulation/Warning Commitment. Commencing within sixty (60) days after the Effective Date, Bioworld shall not manufacture, import, distribute, sell or offer the Products for sale in the State of California unless: (i) the Products are Reformulated Products pursuant to Section 2.2; or

Reformulation/Warning Commitment. As of the Effective Date, Giftcraft shall not manufacture, import, distribute, sell or offer the Products for sale in the State of California unless they are Reformulated Products pursuant to Section 2.1 or bear a warning pursuant to Section 2.3. The Parties agree and intend that compliance with the terms of this Settlement Agreement shall constitute compliance with Proposition 65 with respect to exposures to Lead from the Products.

Reformulation/Warning Commitment. As of the Effective Date, Kingsbridge shall not manufacture, import, distribute, sell or offer the Products for sale in the State of California unless they are Reformulated Products pursuant to Section 2.1 or bear a warning pursuant to Section 2.3. The Parties agree and intend that compliance with the terms of this Settlement Agreement shall constitute compliance with Proposition 65 with respect to exposures to Lead from the Products.

Reformulation/Warning Commitment. Any Products that that are manufactured on or after the Effective Date that Mud Pie thereafter directly imports for sale in California or distributes for sale in California or directly sells in California shall either be (a) Reformulated Products pursuant to Section 2.1 above, or (b) contain appropriate health hazard warnings pursuant to Section 2.3 below. The Parties agree and intend that compliance with the terms of this Settlement Agreement shall constitute compliance with Proposition 65 with respect to exposures to Lead from the Products.

Reformulation/Warning Commitment. As of the Effective Date, Daiso shall not manufacture, import, distribute, sell or offer the Products for sale in the State of California unless: (i) the Products are Reformulated Products pursuant to Section 2.2; or (ii) Daiso provides a clear and reasonable warning pursuant to Section 2.3. The Parties agree and intend that Daiso’s compliance with the terms of this Settlement Agreement shall constitute its compliance with Proposition 65 with respect to exposures to DEHP from the Products.