Common use of Clear and Reasonable Warnings Clause in Contracts

Clear and Reasonable Warnings. Commencing the Effective Date and continuing thereafter, for any Products sold or distributed for sale in California by Bigmouth that do not qualify as Reformulated Products under Section 2.2, above, Bigmouth agrees to only offer such Products for sale with a clear and reasonable warning in accordance with this Section. Bigmouth further agrees that any warning will be prominently placed in relation to the Product with such conspicuousness when compared with other words, statements, designs, or devises as to render it likely to be read and understood by an ordinary individual under customary conditions of purchase or use. For purposes of this Settlement Agreement, a clear and reasonable warning for the Products satisfying these criteria shall consist of a warning affixed directly to a Product or its accompanying labeling or packaging containing one of the following statements: WARNING: This product contains DEHP, a chemical known to the State of California to cause birth defects or other reproductive harm. or WARNING: This product contains Lead, a chemical known to the State of California to cause birth defects or other reproductive harm. or WARNING: This product contains Lead and DEHP, chemicals that are known to the State of California to cause birth defects or other reproductive harm.

Appears in 2 contracts

Samples: Settlement Agreement, Settlement Agreement

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Clear and Reasonable Warnings. Commencing Coda agrees that as of the Effective Date and continuing thereafter, for any all Products sold or distributed for sale it sells and/or distributes in California by Bigmouth that (except for those Products already in the stream of commerce, as provided in Section 2.3, below) which do not qualify as Reformulated Products under Section 2.2Products, above, Bigmouth agrees to only offer such Products for sale with will bear a clear and reasonable warning in accordance with pursuant to this Section. Bigmouth Coda further agrees that any the warning will be prominently placed in relation to the Product with such conspicuousness when compared with other words, statements, designs, designs or devises devices as to render it likely to be read and understood by an ordinary individual under customary conditions of purchase or use. For purposes of this Settlement Agreement, a clear and reasonable warning for the Products satisfying these criteria Product shall consist of a warning affixed to the packaging, label, tag, or directly to a Product or its accompanying labeling or packaging sold in California and containing one of the following statements: WARNING: This product contains DEHP, a chemical known to the State of California to cause birth defects or other reproductive harm. or Or WARNING: This product contains Lead, a chemical chemicals known to the State of California to cause cancer and birth defects or (and other reproductive harm. or WARNING: This product contains Lead and DEHP, chemicals that are known to the State of California to cause birth defects or other reproductive harm).

Appears in 2 contracts

Samples: Settlement Agreement, Settlement Agreement

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Clear and Reasonable Warnings. Commencing on the Effective Date and continuing thereafter, for any Products sold or distributed offered for sale in California by Bigmouth STI that do are not qualify as Reformulated Products under Section 2.2Products, above, Bigmouth STI agrees to only offer such Products for sale with a clear and reasonable warning in accordance with this SectionSection 2.3 or Title 27 California Code of Regulations section 25601, et seq. Bigmouth STI further agrees that any warning used will be prominently placed in relation to the Product Products with such conspicuousness when compared with other words, statements, designs, or devises devices as to render it likely to be read and understood by an ordinary individual under customary conditions of purchase or use. For purposes of this Settlement Agreement, a clear and reasonable warning for containing the Products satisfying these criteria shall consist of a warning following statement that is affixed directly to a Product Product, or its accompanying packaging or labeling or packaging containing one of that satisfies the above criteria, and contains the following statementsstatement shall be deemed clear and reasonable: WARNING: This product contains can expose you to chemicals, including DEHP, a chemical known to the State of California to cause birth defects or other reproductive harm. or WARNING: This product contains Lead, a chemical known to the State of California to cause birth defects or other reproductive harm. or WARNING: This product contains Lead and DEHP, chemicals that are which is known to the State of California to cause birth defects or other reproductive harm.

Appears in 1 contract

Samples: Settlement Agreement

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