Fire Mountain definition
Examples of Fire Mountain in a sentence
Davia agrees to provide counsel for Fire Mountain with a written demand for all such additional penalties and attorney fees under this Section.
Davia alleges that Fire Mountain is responsible for the design, manufacture, distribution and/or sale, in the State of California, of craft pliers with vinyl grips, craft plier sets with vinyl grips and vinyl cases, vinyl craft cushion pads, and Blue Moon vinyl headbands, all of which were made with vinyl components that exposed users to di(2-ethylhexyl)phthalate (“DEHP”) without first providing “clear and reasonable warning” under Proposition 65.
Compliance with the terms of this Agreement constitutes compliance with Proposition 65 by Fire Mountain with regard to the alleged or actual failure to warn about exposure to DEHP from Covered Products designed, manufactured, sold or distributed for sale after the Effective Date.
On January 29, 2021, Davia served Fire Mountain and various public enforcement agencies with a document entitled “60-Day Notice of Violation” that provided public enforcers and the noticed entities with notice of alleged violations of Health & Safety Code § 25249.6 for failing to warn consumers of the presence of DEHP found in vinyl craft cushion pad Covered Products (hereafter defined) sold in California (AG Notice 2020-00183).
The January 29, 2021, Notices of Violation, February 26, 2021, Notice of Violation and May 13, 2021, Notice of Violation shall hereafter be collectively referred to as “Notice.” Fire Mountain represents that, as of the date it executes this Agreement, it is not aware of any public enforcer that is diligently prosecuting a Proposition 65 enforcement action related to DEHP in the Covered Products (as is hereinafter defined), as identified in the Notice.
Examples of this include the HELIX- prepared Notices of Exemption for the repair/ rehabilitation of the City’s Fire Mountain, Guajome, and Morro Hills reservoirs.
Fire Mountain shall satisfy its obligation to pay attorney fees and costs pursuant to Section 4.3 by delivery of a check payable to “▇▇▇▇▇▇▇ Law Firm” (EIN ▇▇-▇▇-▇▇▇▇▇, Memo line “2021-00479, 2021-00183, 2021-00186”) in the amount of $22,750.
For purposes of the penalty assessment under this Agreement, Davia is relying entirely upon Fire Mountain for accurate, good faith reporting to Davia of the nature and amounts of relevant sales activity.
Fire Mountain appoints the Parent as its agent for all purposes relevant to this Credit Agreement and the other Credit Documents, including the giving and receipt of notices and execution and delivery of all documents, instruments and certificates contemplated herein and all modifications hereto.
A Permitted Restaurant Brand shall mean a Ryan’s Steakhouse restaurant, Fire Mountain Steakhouse restaurant, Old Country Buffet restaurant, Hometown Buffet restaurant, Country Buffet restaurant, J▇ ▇▇▇▇▇ restaurant, or another brand reasonably acceptable to Landlord, including without limitation, a brand newly acquired or created by Tenant under which at least 50 separate locations utilize as their principal identification.