Encased definition
Examples of Encased in a sentence
No term of this Agreement, nor Encased’s compliance with this Agreement shall be deemed an admission by Encased of any fact, finding, conclusion of law, issue of law, or violation of law.
Excluding Medicaid plans or otherwise specified in the Provider Instructions Price not to exceed: o Standard Earmolds – $60 / Earmold o RIC/Embedded/Power/Encased Earmolds – $115 / Earmold ▇ ▇▇▇▇▇▇▇ Encased Earmolds – $170 / Earmold • Patients must sign a current HCS Purchase Agreement and Delivery Receipt.
KASB alleges Encased manufactures, imports, sells and distributes for sale in California smart phone cases containing Bisphenol A (“BPA”) including, but not limited to, Encased iPhone 12 Pro Max Wallet Case-Purple, Item model: PS129IG, ASIN B08KHQV7YT, and that it does so without providing the health hazard warning KASB alleges is required by California Health & Safety Code § 25249.5 et seq.
In the Notice, KASB alleges Encased and Amazon violated Proposition 65 by failing to warn their customers and consumers in California the Products can expose users to BPA.
Nothing in this Agreement shall be interpreted to relieve Encased from its obligation to comply with any applicable state or federal law or regulation.
Nor shall these Section 4 releases extend downstream to any entity of individual Encased instructs to provide warnings pursuant to Section 2.3-2.4, above, who fails to do so.
The Parties further understand and agree that these Section 4 releases of Releasees (i.e., Section 4.1-4.2) shall not extend upstream to any entity that manufactured the Products or any component parts thereof, or any distributor or supplier who sold the Products or any component parts thereof to Encased.
Encased, on its own behalf and on behalf of its past and current agents, representatives, attorneys, successors, and assignees, hereby waives all claims against KASB and its attorneys and other representatives, for any and all actions taken or statements made (or those that could have been taken or made) by KASB and its attorneys and other representatives, whether in the course of investigating claims or otherwise seeking to enforce Proposition 65 against it in this matter with respect to the Products.
Commencing on or before the Effective Date, Encased shall provide clear and reasonable warnings for all Products provided for sale to customers in California in accordance with this Section 2.3, pursuant to Title 27 California Code of Regulations § 25600, et seq.
If Proposition 65 is repealed, preempted, or otherwise rendered inapplicable by reason of law generally, or as to the Products, then Encased may provide KASB with written notice of its asserted change in the law, and shall have no further injunctive obligations pursuant to this Agreement, with respect to, and to the extent that, the Products are so affected.