Final Waivable Civil Penalty. DJO shall pay a second civil penalty of $6,000. However, the second civil penalty shall be waived in its entirety, if, on or before 30 days after the Effective Date, an officer of DJO certifies, as of the Effective Date, and continuing thereafter, that: a) any and all Products manufactured or imported by DJO for sale to consumers in California directly including through its own website, affiliated websites or a third party website, to consumers located in California, and to customers with nationwide distribution and e-commerce websites, are Reformulated Products as defined by Section 2.2; or b) DJO has discontinued all sales of the Product. Unless the second civil penalty is waived, on or before 30 days after the Effective Date, DJO shall issue a check made payable to “OEHHA” in the amount of $4,500 and a check made payable to “Keep America Safe and Beautiful” in the amount of $1,500. KASB’s counsel shall deliver to OEHHA and KASB their respective portions of the final waivable civil penalty.
Final Waivable Civil Penalty. Richpower shall pay a second civil penalty of $2,000. However, the second civil penalty shall be waived in its entirety, if, within thirty (30) days of the Effective Date, an officer of Richpower certifies, to having sent a letter, electronic or otherwise (“Notification Letter”) to:
Final Waivable Civil Penalty. Spire shall pay a second civil penalty of $4,000. However, the second civil penalty shall be waived in its entirety, if, on or before September 15, 2021, an officer of Spire certifies, as of the September 1, and continuing thereafter, any and all Products manufactured for sale by Spire to consumers in California, including through its own website, affiliated websites or third party websites, and to customers with nationwide distribution and e-commerce websites are Reformulated Products as defined by Section 2.2. Unless the second civil penalty is waived, on or before September 15, 2021, Spire shall issue a check made payable to “OEHHA” in the amount of $3,000 and a check made payable to “Keep America Safe & Beautiful” in the amount of $1,000.
Final Waivable Civil Penalty. QEP shall pay a final civil penalty of $9,000 on or before May 30, 2019. The final civil penalty shall be waived in its entirety, however, if, no later than May 15, 2019, an officer of QEP provides Xxxxx with written certification that, as of May 1, 2019, QEP has met the reformulation standard specified in Section 2.2, such that all Products it sells, offers for sale, or distributes for sale in California are Reformulated Products and that QEP will continue to sell, offer for sale, or distribute for sale in California only Reformulated Products. The certification in lieu of a final civil penalty payment provided by this Section is a material term, and time is of the essence. In the event that QEP has not timely delivered the above certification in lieu of the final civil penalty, QEP shall deliver two checks for payment of the final civil penalty to the address specified in Section 3.4 made payable as follows: (1) to “OEHHA” in the amount of $6,750; and (2) to “Xxxx Xxxxx, Client Trust Account” in the amount of $2,250. Xxxxx’x counsel shall be responsible for delivering OEHHA’s portion of the penalties paid under this Consent Judgment.
Final Waivable Civil Penalty. Deluxe Trailer shall pay a final civil penalty of
Final Waivable Civil Penalty. Medline shall pay a second civil penalty of $28,000. However, the second civil penalty shall be waived in its entirety, if, on or before March 15, 2022, an officer of Medline certifies, as of March 1, 2022, and continuing thereafter, any and all Products manufactured or imported by Medline for sale to consumers in California directly including through its own website, affiliated websites or a third party website, to consumers located in California, and to customers with nationwide distribution and e-commerce websites, are Reformulated Products as defined by Section 2.2. Unless the second civil penalty is waived, on or before March 15, 2022, Medline shall issue a check made payable to “OEHHA” in the amount of $21,000 and a check made payable to “Keep America Safe & Beautiful” in the amount of $7,000.
Final Waivable Civil Penalty. DEM Holdings shall pay a second civil penalty of $1,500. However, the second civil penalty shall be waived in its entirety, if, on or before December 31, 2021, an officer of DEM Holdings certifies, in an attested declaration, that, as of December 30, 2021, and continuing thereafter, any and all Products made available for sale in California by DEM Holdings are Reformulated Products meeting the Reformulation Standard as defined by Section 2.2, supra. Upon submission of its certification of Reformulated Products, DEM Holdings shall also supply or provide a recent test, conducted pursuant to the methodologies detailed in the previous Section 2.2, in support of its declaration demonstrating the Products meet the Reformulation Standard. Such test shall be performed and dated after the date of the original Notice. Unless the second civil penalty is waived, on or before December 31, 2021, DEM Holdings shall issue a check made payable to “OEHHA” in the amount of $1,125 and a check made payable to “Xx Xxxxxx” in the amount of $375.
Final Waivable Civil Penalty. Harbor Freight shall pay a second civil penalty of $5,000. However, the second civil penalty shall be waived in its entirety, if, on or before August 31, 2020, an officer of Harbor Freight certifies that as of the Effective Date, and continuing thereafter, any and all AIR HOSE (as defined in Section 1.2 of this Agreement, i.e., PVC Air Hose, Model #69711, UPC #7 92363 69711 8) made available for sale in California by Harbor Freight are Reformulated Products as defined by Section 2.2, or, in the alternative, that all such AIR HOSE have been discontinued. Unless the second civil penalty is waived, on or before September 1, 2020, Harbor Freight shall issue a check made payable to “OEHHA” in the amount of $3,750 and a check made payable to “Xx Xxxxxx” in the amount of $1,250.
Final Waivable Civil Penalty. Alex Orthopedic shall pay a second civil penalty of $400. However, the second civil penalty shall be waived in its entirety, if, on or before March 31, 2021, an officer of Alex Orthopedic certifies, as of the Effective Date, it has discontinued the Products and, continuing thereafter, any and all Products manufactured or imported by Alex Orthopedic for sale to consumers in California would be Reformulated Products as defined by Section 2.2. Unless the second civil penalty is waived, on or before April 15, 2021, Alex Orthopedic shall issue a check made payable to “OEHHA” in the amount of $300 and a check made payable to “Keep America Safe & Beautiful” in the amount of $100.
Final Waivable Civil Penalty. Excelta shall pay a second civil penalty of $2,500. However, the second civil penalty shall be waived in its entirety, if, on or before October 7, 2022, an officer of Excelta certifies, as of that date, and continuing thereafter, any and all Products manufactured or imported by Excelta for sale to consumers in California directly including through its own website, affiliated websites or a third party website, to consumers located in California, and to customers with nationwide distribution and e-commerce websites, are Reformulated Products as defined by Section 2.2. Along with its attested declaration, Excelta shall provide a recent test result, or a result performed after the date of the Notice, showing the Products were tested and analyzed according to the parameters set forth in the preceding Section 2.2 and are Reformulated. If Excelta does not provide the attested declaration and test results by October 7, 2022, then Excelta agrees to remit two checks to the address listed in Section 3.4, below, and payable as follows: “OEHHA” in the amount of $1,875 and “Keep America Safe and Beautiful” in the amount of $625, pursuant to Health and Safety Code § 25249.7(b) and allocated in accordance with Health and Safety Code § 25249.12(c)(1) and (d).
