Common use of Warning Language Clause in Contracts

Warning Language. (a) Where required to meet the criteria set forth in Section 2.2, Empire shall display one of the following warning statements on the packaging label of the Products that do not meet the warning exemption standard set forth in Section 2.1 above: (1) WARNING: Consuming this product can expose you to chemicals including Lead, which [is] are known to the State of California to cause [cancer and] birth defects or other reproductive harm. For more information go to "▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇/▇▇▇▇ (2) WARNING: [Cancer and] Reproductive Harm- ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇/▇▇▇▇ Empire may use “cancer and” in the warning at its option. Empire may include the names of additional chemicals in the warning if they are present in the Products at a level that Empire reasonably believes would require a Proposition 65 warning. (b) The requirements for warnings, set forth in subsection (a) above, are imposed pursuant to the terms of this Settlement Agreement. The Parties recognize that these are not the exclusive methods of providing a warning under Proposition 65 and its implementing regulations. Empire shall be deemed to be in compliance with the warning requirements of this Settlement Agreement by either adhering to this Section 2.3 or by complying with the Proposition 65 warning requirements adopted by the State of California Office of Environmental Health Hazard Assessment (“OEHHA”) as of or after the Effective Date. (c) If Proposition 65 warnings for Lead should no longer be required, Empire shall have no further obligations pursuant to this Settlement Agreement.

Warning Language. (a) Where required to meet the criteria set forth in Section 2.2, Empire Daesang shall display one of the following warning statements on the packaging label of the Products that do not meet the warning exemption standard set forth in Section 2.1 aboveProducts: (1) WARNING: Consuming this product can expose you to chemicals including Leadlead, which [is] are is known to the State of California to cause [cancer and] birth defects or other reproductive harm. For more information go to "▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇/▇▇▇▇ (2) WARNING: [Cancer and] Reproductive Harm- ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇/▇▇▇▇ Empire may use “cancer and” in the warning at its option. Empire may include the names of additional chemicals in the warning if they are present in the Products at a level that Empire reasonably believes would require a Proposition 65 warning.▇ (b) The requirements for warnings, set forth in subsection (a) above, are imposed pursuant to the terms of this Settlement Agreement. The Parties recognize that these are not the exclusive methods of providing a warning under Proposition 65 and its implementing regulations. Empire Daesang shall be deemed to be in compliance with the warning requirements of this Settlement Agreement by either adhering to this Section 2.3 or by complying with the Proposition 65 warning requirements adopted by the State of California Office of Environmental Health Hazard Assessment (“OEHHA”) as of or after the Effective Date. . (c) If Proposition 65 warnings for Lead should no longer be required, Empire or if Proposition 65 is preempted as to food products, Daesang shall have no further obligations pursuant to this Settlement Agreement.

Warning Language. (a) Where required to meet the criteria set forth in Section 2.2, Empire Bagel shall display one of the following warning statements on the packaging label of the Products that do not meet the warning exemption standard set forth in Section 2.1 above: (1) WARNING: Consuming this product can expose you to chemicals including Lead, which [is] are known to the State of California to cause [cancer and] birth defects or other reproductive harm. For more information go to "▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇/▇▇▇▇ (2) WARNING: [Cancer and] Reproductive Harm- Harm-- ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇/▇▇▇▇ Empire Bagel may use “cancer and” in the warning at its option. Empire Bagel may include the names of additional chemicals in the warning if they are present in the Products at a level that Empire Bagel reasonably believes would require a Proposition 65 warning. (b) The requirements for warnings, set forth in subsection (a) above, are imposed pursuant to the terms of this Settlement Agreement. The Parties recognize that these are not the exclusive methods of providing a warning under Proposition 65 and its implementing regulations. Empire Bagel shall be deemed to be in compliance with the warning requirements of this Settlement Agreement by either adhering to this Section 2.3 or by complying with the Proposition 65 warning requirements adopted by the State of California Office of Environmental Health Hazard Assessment (“OEHHA”) as of or after the Effective Compliance Date. (c) If Proposition 65 warnings for Lead should no longer be required, Empire Bagel shall have no further obligations pursuant to this Settlement Agreement.

Warning Language. (a) Where required to meet the criteria set forth in Section 2.2, Empire Riverside shall display one of the following warning statements on the packaging label of the Products that do not meet the warning exemption standard set forth in Section 2.1 above: (1) WARNING: Consuming this product can expose you to chemicals including Lead, which [is] are known to the State of California to cause [cancer and] birth defects or other reproductive harm. For more information go to "▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇/▇▇▇▇ (2) WARNING: [Cancer and] Reproductive Harm- Harm-- ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇/▇▇▇▇ Empire Riverside may use “cancer and” in the warning at its option. Empire Riverside may include the names of additional chemicals in the warning if they are present in the Products at a level that Empire Riverside reasonably believes would require a Proposition 65 warning. (b) The requirements for warnings, set forth in subsection (a) above, are imposed pursuant to the terms of this Settlement Agreement. The Parties recognize that these are not the exclusive methods of providing a warning under Proposition 65 and its implementing regulations. Empire Riverside shall be deemed to be in compliance with the warning requirements of this Settlement Agreement by either adhering to this Section 2.3 or by complying with the Proposition 65 warning requirements adopted by the State of California Office of Environmental Health Hazard Assessment (“OEHHA”) as of or after the Effective Date. (c) If Proposition 65 warnings for Lead should no longer be required, Empire Riverside shall have no further obligations pursuant to this Settlement Agreement.

Warning Language. (a) Where required to meet the criteria set forth in Section 2.2, Empire ▇▇ ▇▇▇▇▇ shall display one of the following warning statements on the packaging label of the Products that do not meet the warning exemption standard set forth in Section 2.1 above: (1) WARNING: Consuming this product can expose you to chemicals including Lead, which [is] are known to the State of California to cause [cancer and] birth defects or other reproductive harm. For more information go to "▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇/▇▇▇▇ (2) WARNING: [Cancer and] Reproductive Harm- Harm-- ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇/▇▇▇▇ Empire ▇▇ ▇▇▇▇▇ may use “cancer and” in the warning at its option. Empire ▇▇ ▇▇▇▇▇ may include the names of additional chemicals in the warning if they are present in the Products at a level that Empire ▇▇ ▇▇▇▇▇ reasonably believes would require a Proposition 65 warning. (b) The requirements for warnings, set forth in subsection (a) above, are imposed pursuant to the terms of this Settlement Agreement. The Parties recognize that these are not the exclusive methods of providing a warning under Proposition 65 and its implementing regulations. Empire ▇▇ ▇▇▇▇▇ shall be deemed to be in compliance with the warning requirements of this Settlement Agreement by either adhering to this Section 2.3 or by complying with the Proposition 65 warning requirements adopted by the State of California Office of Environmental Health Hazard Assessment (“OEHHA”) as of or after the Effective Date. (c) If Proposition 65 warnings for Lead should no longer be required, Empire ▇▇ ▇▇▇▇▇ shall have no further obligations pursuant to this Settlement Agreement.

Warning Language. (a) Where required to meet the criteria set forth in Section 2.2, Empire RC shall display one of the following warning statements on the packaging label of the Products that do not meet the warning exemption standard set forth in Section 2.1 above: (1) WARNING: Consuming this product can expose you to chemicals including Lead, Lead which [is] are known to the State of California to cause [cancer and] birth defects or other reproductive harm. For more information go to "▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇/▇▇▇▇ (2) WARNING: [Cancer and] Reproductive Harm- ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇/▇▇▇▇ Empire RC may use “cancer and” in the warning at its option. Empire RC may include the names of additional chemicals in the warning if they are present in the Products at a level that Empire RC reasonably believes would require a Proposition 65 warning. (b) The requirements for warnings, set forth in subsection (a) above, are imposed pursuant to the terms of this Settlement Agreement. The Parties recognize that these are not the exclusive methods of providing a warning under Proposition 65 and its implementing regulations. Empire RC shall be deemed to be in compliance with the warning requirements of this Settlement Agreement by either adhering to this Section 2.3 or by complying with the Proposition 65 warning requirements adopted by the State of California Office of Environmental Health Hazard Assessment (“OEHHA”) as of or after the Effective Date. (c) If Proposition 65 warnings for Lead should no longer be required, Empire RC shall have no further obligations pursuant to this Settlement Agreement.

Warning Language. (a) Where required to meet the criteria set forth in Section 2.2, Empire Cedars shall display one of the following warning statements on the packaging label of the Products that do not meet the warning exemption standard set forth in Section 2.1 above: (1) WARNING: Consuming this product can expose you to chemicals including Lead, which [is] are known to the State of California to cause [cancer and] birth defects or other reproductive harm. For more information go to "▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇/▇▇▇▇ (2) WARNING: [Cancer and] Reproductive Harm- Harm-- ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇/▇▇▇▇ Empire Cedars may use “cancer and” in the warning at its option. Empire Cedars may include the names of additional chemicals in the warning if they are present in the Products at a level that Empire Cedars reasonably believes would require a Proposition 65 warning. (b) The requirements for warnings, set forth in subsection (a) above, are imposed pursuant to the terms of this Settlement Agreement. The Parties recognize that these are not the exclusive methods of providing a warning under Proposition 65 and its implementing regulations. Empire Cedars shall be deemed to be in compliance with the warning requirements of this Settlement Agreement by either adhering to this Section 2.3 or by complying with the Proposition 65 warning requirements adopted by the State of California Office of Environmental Health Hazard Assessment (“OEHHA”) as of or after the Effective Date. (c) If Proposition 65 warnings for Lead should no longer be required, Empire Cedars shall have no further obligations pursuant to this Settlement Agreement.

Warning Language. (a) Where required to meet the criteria set forth in Section 2.2, Empire Bright shall display one of the following warning statements on the packaging label of the Products that do not meet the warning exemption standard set forth in Section 2.1 above: (1) WARNING: Consuming this product can expose you to chemicals including Lead, which [is] are known to the State of California to cause [cancer and] birth defects or other reproductive harm. For more information go to "▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇/▇▇▇▇ (2) WARNING: [Cancer and] Reproductive Harm- Harm-- ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇/▇▇▇▇ Empire Bright may use “cancer and” in the warning at its option. Empire Bright may include the names of additional chemicals in the warning if they are present in the Products at a level that Empire Bright reasonably believes would require a Proposition 65 warning. (b) The requirements for warnings, set forth in subsection (a) above, are imposed pursuant to the terms of this Settlement Agreement. The Parties recognize that these are not the exclusive methods of providing a warning under Proposition 65 and its implementing regulations. Empire Bright shall be deemed to be in compliance with the warning requirements of this Settlement Agreement by either adhering to this Section 2.3 or by complying with the Proposition 65 warning requirements adopted by the State of California Office of Environmental Health Hazard Assessment (“OEHHA”) as of or after the Effective Date. (c) If Proposition 65 warnings for Lead should no longer be required, Empire Bright shall have no further obligations pursuant to this Settlement Agreement.

Warning Language. (a) Where required to meet the criteria set forth in Section 2.2, Empire Frisco shall display one of the following warning statements on the packaging label of the Products that do not meet the warning exemption standard set forth in Section 2.1 above: (1) WARNING: Consuming this product can expose you to chemicals including Lead, which [is] are known to the State of California to cause [cancer and] birth defects or other reproductive harm. For more information go to "▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇/▇▇▇▇ (2) WARNING: [Cancer and] Reproductive Harm- Harm-- ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇/▇▇▇▇ Empire Frisco may use “cancer and” in the warning at its option. Empire Frisco may include the names of additional chemicals in the warning if they are present in the Products at a level that Empire Frisco reasonably believes would require a Proposition 65 warning. (b) The requirements for warnings, set forth in subsection (a) above, are imposed pursuant to the terms of this Settlement Agreement. The Parties recognize that these are not the exclusive methods of providing a warning under Proposition 65 and its implementing regulations. Empire Frisco shall be deemed to be in compliance with the warning requirements of this Settlement Agreement by either adhering to this Section 2.3 or by complying with the Proposition 65 warning requirements adopted by the State of California Office of Environmental Health Hazard Assessment (“OEHHA”) as of or after the Effective Date. (c) If Proposition 65 warnings for Lead should no longer be required, Empire Frisco shall have no further obligations pursuant to this Settlement Agreement.