Final Civil Penalty. Pursuant to Health & Safety Code § 25249.7(b), on May 1, 2015, Xxxxxx Xxxx shall pay a final civil penalty in the amount $10,000.00. The final civil penalty shall be waived in its entirety, if, on or before April 15, 2015, an officer of Xxxxxx Xxxx certifies to Held’s counsel, in writing, that all Products sold or offered for sale by Xxxxxx Xxxx in California after May 1, 2015, are Reformulated Products, and that Xxxxxx Xxxx will continue to do so after the date of certification. Unless waived, the final civil penalty shall be allocated according to Health & Safety Code § 25249.7(c)(1) and (d), with 75% of the penalty payment earmarked for OEHHA, and the remaining 25% of the penalty earmarked for Held. Xxxxxx Xxxx shall issue two separate checks for the final penalty payment: (a) one check made payable to OEHHA in the amount of $7,500.00 representing 75% of the total penalty; and (b) one check to “The Chanler Group in Trust for Xxxxxxx X. Held” in the amount of $2,500.00, representing 25% of the total penalty. Two separate 1099s shall be issued for the above payments. The checks and 1099s shall be delivered to the addresses listed in Section 3.3 below.
Final Civil Penalty. RI Textile shall pay a final civil penalty in the amount of $7,000 on February 28, 2013. As incentive for RI Textile to reformulate the Noticed Products, however, this final civil penalty shall be waived in its entirety if an officer of RI Textile certifies in writing that it, as of December 31, 2012, will sell, ship, and offer for sale in California only Noticed Products that comply with the Reformulation Standards found in Section 2.1 above. Such certification must be received by The Chanler Group on or before February 28, 2013. The final civil penalty payment shall be apportioned in accordance with California Health & Safety Code §§ 25249.12(c) & (d), with 75% of these funds remitted to OEHHA and the remaining 25% of the penalty remitted to Xxxx Xxxxx. RI Textile shall issue two separate checks for the final civil penalty payment: (a) one check made payable to “The Chanler Group in Trust For OEHHA” in the amount of $5,250; and (b) one check to “The Chanler Group in Trust for Xxxx Xxxxx” in the amount of $1,750. Two separate 1099s shall be issued for the above payments: (a) OEHHA, P.O. Box 4010, Sacramento, CA, 95814 (EIN: 00-0000000); and (b) Xxxx Xxxxx, whose information shall be provided five calendar days before the payment is due (if different than the information already provided to RI Textile under Section 3.1 above). Payment shall be delivered to Xxxxx’x counsel at the following address: The Chanler Group Attn: Proposition 65 Controller 0000 Xxxxx Xxxxxx Xxxxxx Plaza, Suite 000 Xxxxxxxx, XX 00000
Final Civil Penalty. On December 15, 2014, North States shall pay a final civil penalty of $15,000. The final civil penalty shall be waived in its entirety if, within five business days of the Effective Date, an officer of North States provides Moorberg’s counsel with written certification that, as of the Effective Date, all of the Products North States ships or distributes for sale in California, directly or through nationwide retailers, are Reformulated Products, and that it will continue to offer only Reformulated Products for sale or distribution, directly or through nationwide retailers, in the State of California in the future. The option to provide a written certification of reformulation in lieu of making the final civil penalty payment otherwise required by this Settlement Agreement is a material term, and time is of the essence.
Final Civil Penalty. On or before October 15, 2015, Midland shall pay a final civil penalty of $6,500. Pursuant to title 11 California Code of Regulations, section 3203(c), Xxxxxxx agrees that the final civil penalty shall be waived in its entirety, however, if, no later than October 1, 2015, an officer for Midland provides Xxxxxxx’x counsel with a signed declaration certifying that all of the Products Midland ships for sale or distributes for sale in California as of the date if the declaration are Reformulated Products, and that Midland will continue to offer only Reformulated Products for sale or distribution in or into California in the future. The option to certify to expedited reformulation in lieu of making the final civil penalty payment required by this Section is a material term, and time is of the essence. To obtain a waiver of the final civil penalty, Midland must deliver the declaration on its behalf certifying to expedited reformulation to Xxxxxxx’x counsel at the address provided in Section 3.3, below. In the event that Midland does not timely certify to its expedited compliance or make the final civil penalty payment required by this Section, the Parties agree that Xxxxxxx may seek relief under any available legal remedy. If successful, the Parties further agree that Xxxxxxx shall be entitled to his reasonable attorneys’ fees and costs pursuant to general contract principles and Code of Civil Procedure § 1021.5.
Final Civil Penalty. Pursuant to Health & Safety Code § 25249.7(b), on September 15, 2015, Vanroden shall pay a final civil penalty in the amount $15,000 except that the final civil penalty shall be waived in its entirety, if, on or before August 15, 2015, an officer of Vanroden certifies to Xxxxxx’x counsel, in writing, that all Products sold or offered for sale by Vanroden in California after August 1, 2015, are Reformulated Products, and that Vanroden will continue to sell only Reformulated Products in California thereafter. The option to provide a written certification of expedited reformulation in lieu of making the final civil penalty payment required by this Section is a material term, and time is of the essence. Unless waived, the final civil penalty shall be allocated according to Health & Safety Code § 25249.7(c)(1) and (d), with 75% of the penalty payment remitted to OEHHA, and the remaining 25% of the penalty remitted to Xxxxxx. Xxxxxxxx shall issue two separate checks for the final penalty payment: (a) one check made payable to OEHHA in the amount of $11,250.00 representing 75% of the total penalty; and (b) one check to “The Chanler Group in Trust for Xxxxxxx X. Xxxxxx” in the amount of $3,750.00, representing 25% of the total penalty. The checks shall be delivered to the address listed in Section 3.3 below, and Xxxxxx shall have sole responsibility for promptly transmitting the OEHHA check to OEHHA (if not waived).
Final Civil Penalty. On or before August 30, 2015, Daiso shall pay a final civil penalty in the amount of $10,000. The final civil penalty shall be waived however, if an Officer of Daiso provides Held with written certification that as of the date of such certification and continuing into the future, to the extent that Daiso continues to sell Earphones or Headphones in California, all Earphones or Headphones manufactured, imported, distributed, sold and offered for sale in California by, or on behalf of, Daiso will meet the Reformulated Products standards in Section 2.1., and to the extent that Daiso continues to sell Hijiki Seaweed in California, all Hijiki Seaweed manufactured, imported, distributed, sold and offered for sale in California by, or on behalf of, Daiso will meet the Reformulated Products standards in Section 2.1. Held must receive any such certification on or before August 15, 2015, and time is of the essence. Unless waived in full, the final civil penalty shall be apportioned in accordance with California Health & Safety Code § 25249.12 (c)(1) & (d), with 75% of these funds remitted to OEHHA and the remaining 25% of the penalty remitted to Held, as provided by California Health & Safety Code
Final Civil Penalty. Homestead shall pay a final civil penalty of $11,000 on or before March 1, 2015. The final civil penalty shall be waived in its entirety, however, if, no later than February 15, 2015, an officer of Homestead provides Xxxxxxx with written certification that, as of the date of such certification and continuing into the future, Homestead has met the reformulation standard specified in Section 2.1 above, such that all Products manufactured, imported, distributed, sold and offered for sale in California by Homestead are Reformulated Products. Xxxxxxx must receive any such certification on or before February 15, 2015. The certification in lieu of a final civil penalty payment provided by this Section is a material term, and time is of the essence.
Final Civil Penalty. On or before January 15, 2015, Active Lifestyle shall pay a final civil penalty of $8,000. The final civil penalty shall be waived in its entirety if, by December 31, 2014, an officer of Active Lifestyle provides Xxxxxxx’x counsel with written certification that, as of the date of such certification, all Products purchased for sale or distributed for sale in California are Reformulated Products as defined by this Settlement Agreement and that it will continue to only offer Reformulated Products in the future. The option to provide a written certification of reformulation in lieu of making the final civil penalty payment otherwise required by this Agreement is a material term, and time is of the essence.
Final Civil Penalty. On or before December 15, 0000, Xxxxxx shall pay a final civil penalty of $10,000. The final civil penalty shall be waived in its entirety, however, if, no later than December 1, 2016, an officer of Burmax provides Held’s counsel with written certification that, as of the date of the certification, all Products and Additional Products shipped, sold or distributed for sale in California are Reformulated Products, and that they will continue to provide only Reformulated Products in the future. Alternatively, Burmax may provide a declaration certifying that it no longer sells or distributes the Products and Additional Products for sale in California, and if it recommences sales of the Products or Additional Products in California in the future, it will only offer Reformulated Products. The option to provide a written certification of reformulation in lieu of warning and making the final civil penalty payment required by this Section is a material term, and time is of the essence. Burmax shall deliver its certificate, if any, to Held’s counsel at the address provided in Section 3.3, below. In the event that Burmax does not timely certify its compliance or make the final civil penalty payment required by this Section, Held may seek relief under any available legal remedy. If successful, the Parties further agree that Held shall be entitled to his reasonable attorneys’ fees and costs pursuant to general contract principles and Code of Civil Procedure section 1021.5.
Final Civil Penalty. On February15, 2015, Picnic At Ascot shall pay a final civil penalty of $6,000. The final civil penalty shall be waived in its entirety if, no later than February 1, 2015, an officer of Picnic At Ascot provides Held’s counsel with written certification that, as of the date of its certification, all of the Products it ships or distributes for sale in California are Reformulated Products as defined by Section 2, and that it will continue to only offer Reformulated Products in the future. The option to provide a written certification of reformulation in lieu of making the final civil penalty payment otherwise required by this Settlement Agreement is a material term, and time is of the essence.
