Common use of Restricted Substances Clause in Contracts

Restricted Substances. Goods and Goods Packaging will not contain substances in excess of permitted concentration values established by Substance Laws unless the applicable specifications specifically permit that substance in a higher concentration value. Without limiting the forgoing, substances in Goods and Goods Packaging will not exceed the following maximum concentration values in any homogeneous material (“Restricted Values”): (i) 0.1% (by weight) for each of lead, mercury, hexavalent chromium, polybrominated biphenyls or polybrominated diphenyl ethers; or (ii) 0.01% (by weight) for cadmium. If 3M gives Seller notice that the Restricted Values are changed in a manner that may negatively affect Seller’s obligations (“Revised Restricted Values”), and, within ten business days thereafter, Seller does not give 3M notice that its warranty and/or certification are no longer valid, then Seller is deemed to have warranted that: (1) all non-3M Material will meet the Revised Restricted Values; and (2) its certification remains unaffected by the Revised Restricted Values. If any Goods or Goods Packaging fails to meet the initial or Revised Restricted Values, then 3M may, in addition to other available remedies and at its discretion, immediately on notice to Seller, discontinue purchasing that Goods or Goods Packaging and any 3M purchase commitment, Forecast, or Order relating to that Goods or Goods Packaging will be automatically revised to reflect 3M’s discontinuation of that purchase.

Restricted Substances. Goods and Goods Packaging will not contain substances in excess of permitted concentration values established by Substance Laws unless the applicable specifications specifically permit that substance in a higher concentration value. Without limiting the forgoing, substances in Goods and Goods Packaging will not exceed the following maximum concentration values in any homogeneous material (“Restricted Values”"): (i) 0.1% (by weight) for each of lead, mercury, hexavalent chromium, polybrominated biphenyls or polybrominated diphenyl ethers; or (ii) 0.01% (by weight) for cadmium. If 3M ▇▇▇▇▇ gives Seller notice that the Restricted Values are changed in a manner that may negatively affect Seller’s 's obligations (“"Revised Restricted Values”"), and, within ten business days thereafter, Seller does not give 3M Aearo notice that its warranty and/or certification are no longer valid, then Seller is deemed to have warranted that: : (1) all non-3M non-Aearo Material will meet the Revised Restricted Values; and and (2) its certification remains unaffected by the Revised Restricted Values. If any Goods or Goods Packaging fails to meet the initial or Revised Restricted Values, then 3M Aearo may, in addition to other available remedies and at its discretion, immediately on notice to Seller, discontinue purchasing that Goods or Goods Packaging and any 3M Aearo purchase commitment, Forecast, or Order relating to that Goods or Goods Packaging will be automatically revised to reflect 3M▇▇▇▇▇’s discontinuation of that purchase.