Common use of INJUNCTIVE RELIEF: WARNINGS AND REFORMULATION Clause in Contracts

INJUNCTIVE RELIEF: WARNINGS AND REFORMULATION. 2.1 Beginning five months from the Effective Date (“Compliance Date”), PastryBase shall be prohibited from manufacturing for sale in California, distributing for sale in California, or selling in California, any Covered Product that exposes a person to a “Daily Cadmium Exposure Level” of more than 4.1 micrograms of cadmium per day (mcg Pb/day) unless it meets the warning requirements under Section 2.2. As used in this Settlement Agreement, the term "Distributing into the State of California" shall mean to directly ship a Covered Product into California for sale in California or to sell a Covered Product to a distributor that PastryBase knows or has reason to know will sell the Covered Product in California. The injunctive relief in Section 2 does not apply to any Covered Product that has left the possession and is no longer under the control of PastryBase prior to the Compliance Date, and all claims as to such Covered Product are released in this Settlement Agreement. For purposes of this Settlement Agreement, "Daily Cadmium Exposure Level" shall be measured in micrograms and shall be calculated using the following formula: micrograms of cadmium per gram of product, multiplied by grams of product per serving of the product as stated on the label, multiplied by servings of the product per day stated on the label, which equals micrograms of Cadmium exposure per day. If the label contains no recommended daily servings, then the number of recommended daily servings shall be one.

INJUNCTIVE RELIEF: WARNINGS AND REFORMULATION. 2.1 Beginning five months from ninety (90) days after the Effective Date (the “Compliance Date”), PastryBase Living Raw shall be prohibited permanently enjoined from manufacturing for sale in the State of California, distributing for sale "Distributing into the State of California," or directly selling in the State of California, or selling in California, any Covered Product that exposes a person to a “exceeds the Proposition 65 "Daily Cadmium Exposure Level” " of more than 4.1 micrograms of cadmium per day (mcg Pb/day) , unless it meets the warning requirements under Section 2.2. As used in this Settlement Agreement, the term "Distributing into the State of California" shall mean to directly ship a Covered Product into California for sale in California or to sell a Covered Product to a distributor that PastryBase Living Raw knows or has reason to know will sell the Covered Product in California. The injunctive relief in Section 2 does not apply to any Covered Product that has left the possession and is no longer under the control of PastryBase prior to packaged, distributed, shipped or sold before the Compliance Date, Date and all claims as to such Covered Product are is released in this Settlement Agreement. For purposes of this Settlement Agreement, the "Daily Cadmium Exposure Level" shall be measured in micrograms micrograms, and shall be calculated using the following formula: micrograms of cadmium per gram of product, multiplied by grams of product per serving of the product as stated (using the largest serving size appearing on the product label), multiplied by servings of the product per day stated (using the largest number of recommended daily servings appearing on the label), which equals micrograms of Cadmium cadmium exposure per day. If the label contains no recommended daily servings, then the number of recommended daily servings shall be one.

INJUNCTIVE RELIEF: WARNINGS AND REFORMULATION. 2.1 Beginning five months from on the Effective Date (“Compliance Date”), PastryBase Akua shall be prohibited permanently enjoined from manufacturing for sale in the State of California, distributing for sale in "Distributing into the State of California, ," or directly selling in the State of California, any Covered Product that exposes a person to a “"Daily Lead Exposure Level" of more than 0.5 micrograms of lead per day or to a "Daily Cadmium Exposure Level” " of more than 4.1 micrograms of cadmium per day (mcg Pb/day) , unless it meets the warning requirements under Section 2.2. As used in this Settlement Agreement, the term "Distributing into the State of California" shall mean to directly ship a Covered Product into California for sale in California to a consumer or to sell a Covered Product to a distributor that PastryBase Akua knows or has reason to know will sell the Covered Product in California. The injunctive relief in Section 2 does not apply to any Covered Product that has left the possession possession, and is no longer under the control of PastryBase Akua prior to the Compliance Date, Effective Date and all claims as to such Covered Product are is released in this Settlement Agreement. For purposes of this Settlement Agreement, the "Daily Lead Exposure Level" and the “Daily Cadmium Exposure Level" ” shall be measured in micrograms micrograms, and shall be calculated using the following formula: micrograms of lead or cadmium per gram of product, multiplied by grams of product per serving of the product as stated on the label, multiplied by servings of the product per day stated on the label, which equals micrograms of Cadmium lead or cadmium exposure per day. If the label contains no recommended daily servings, then the number of recommended daily servings shall be one.

INJUNCTIVE RELIEF: WARNINGS AND REFORMULATION. 2.1 Beginning five months from on the Effective Date (“Compliance Date”), PastryBase MTC shall be prohibited permanently enjoined from manufacturing for sale in the State of California, distributing for sale in "Distributing into the State of California, ," or directly selling in the State of California, any Covered Product that exposes expose a person to a “Daily Lead Exposure Level” of more than 0.5 micrograms of lead per day or to a “Daily Cadmium Exposure Level” of more than 4.1 micrograms of cadmium per day (mcg Pb/day) , unless it meets the warning requirements under Section 2.2. As used in this Settlement Agreement, the term "Distributing into the State of California" shall mean to directly ship a Covered Product into California for sale in California or to sell a Covered Product to a distributor that PastryBase MTC knows or has reason to know will sell the Covered Product in California. The injunctive relief in Section 2 does not apply to any Covered Product that has left the possession possession, and is no longer under the control of PastryBase MTC prior to the Compliance Date, Effective Date and all claims as to such Covered Product are is released in this Settlement Agreement. For purposes of this Settlement Agreement, "Daily Lead Exposure Level" and the "Daily Cadmium Exposure Level" shall be measured in micrograms micrograms, and shall be calculated using the following formula: micrograms of lead or cadmium per gram of product, multiplied by grams of product per serving of the product as stated on the label, multiplied by servings of the product per day stated on the label, which equals micrograms of Cadmium lead or cadmium exposure per day. If the label contains no recommended daily servings, then the number of recommended daily servings shall be one.

INJUNCTIVE RELIEF: WARNINGS AND REFORMULATION. 2.1 Beginning five months from on the Effective Date (“Compliance Date”), PastryBase Forager shall be prohibited enjoined from manufacturing for sale in the State of California, distributing for sale in "Distributing into the State of California, ," or directly selling in the State of California, any Covered Product Products that exposes expose a person to a “"Daily Cadmium Lead Exposure Level” " of more than 4.1 0.5 micrograms of cadmium lead per day (mcg Pb/day) , unless it meets the warning requirements under Section 2.2. In the event that Proposition 65 is repealed or preempted as to food products, then Forager shall have no further obligation pursuant to this Agreement with respect to, and to the extent that the Covered Products are so affected. As used in this Settlement Agreement, the term "Distributing into the State of California" shall mean to directly ship a Covered Product into California for sale in California or to sell a Covered Product to a distributor that PastryBase Forager knows or has reason to know will sell the Covered Product in California. The injunctive relief in Section 2 does not apply to any Covered Product that has left the possession and possession, and/or is no longer under the control of PastryBase Forager prior to the Compliance Date, Effective Date and all claims as to such Covered Product Products are released in this Settlement Agreement. For purposes of this Settlement Agreement, unless the law, regulations, or case law, prescribes otherwise the "Daily Cadmium Lead Exposure Level" shall be measured in micrograms micrograms, and shall be calculated using the following formula: micrograms of cadmium lead per gram of product, multiplied by grams of product per serving of the product as stated (using the largest serving size appearing on the product label), multiplied by servings of the product per day stated (using the largest number of recommended daily servings appearing on the label), which equals micrograms of Cadmium lead exposure per day. If the label contains no recommended daily servings, then the number of recommended daily servings shall be one.

INJUNCTIVE RELIEF: WARNINGS AND REFORMULATION. 2.1 Beginning five months from As of the Effective Date (Date, MYRTLE shall not “Compliance Date”), PastryBase shall be prohibited from manufacturing for sale distribute into the State of California,” or directly sell in California, distributing for sale in California, or selling in the State of California, any Covered Product that exposes a person to a “Daily Cadmium Exposure Level” of more than 4.1 0.5 micrograms of cadmium lead per day (mcg Pb/day) based on the recommended serving size on the Covered Product’s label, unless it meets the Covered Product bears a warning meeting the warning requirements under Section 2.1 & 2.2. As used in this Settlement Agreement, For the term "Distributing into the State of California" shall mean to directly ship a Covered Product into California for sale in California or to sell a Covered Product to a distributor that PastryBase knows or has reason to know will sell the Covered Product in California. The injunctive relief in Section 2 does not apply to any Covered Product that has left the possession and is no longer under the control of PastryBase prior to the Compliance Date, and all claims as to such Covered Product are released in this Settlement Agreement. For purposes purpose of this Settlement Agreement, "Daily Cadmium Exposure Level" exposure level shall be measured in micrograms and shall be calculated using the following formula: micrograms of cadmium lead per gram of product, multiplied by grams of product per serving of the product as stated on the label, multiplied by servings of the product per day stated on the label, which equals micrograms of Cadmium lead exposure per day. If the label contains no recommended daily servings, then the number of recommended daily servings shall be one. Any testing of the Covered Product’s exposure level shall be undertaken by a laboratory accredited by the State of California, a federal agency, or a nationally recognized accrediting organization. As used in this Settlement Agreement, the term “distribute into the State of California” shall mean to directly ship the Covered Product into California for sale in California or to sell the Covered Product to a distributor that MYRTLE knows will sell the Covered Product in California. The term “distribute into the State of California” does not encompass unauthorized sales of the Covered Product by third parties.

INJUNCTIVE RELIEF: WARNINGS AND REFORMULATION. 2.1 Beginning five months thirty (30) days from the Effective Date (“Compliance Date”), PastryBase Bedrock shall be prohibited permanently enjoined from manufacturing for sale in the State of California, distributing for sale in "Distributing into the State of California, ," or directly selling in the State of California, any Covered Product that exposes expose a person to a “"Daily Cadmium Lead Exposure Level” " of more than 4.1 0.5 micrograms of cadmium lead per day (mcg Pb/day) unless it meets the warning requirements under Section 2.2. As used in this Settlement Agreement, the term "Distributing into the State of California" shall mean to directly ship a Covered Product into California for sale in California or to sell a Covered Product to a distributor that PastryBase Bedrock knows or has reason to know will sell the Covered Product in California. The injunctive relief in Section 2 does not apply to any Covered Product that has left the possession possession, and is no longer under the control of PastryBase Bedrock prior to the Compliance Date, Effective Date and all claims as to such Covered Product are released in this Settlement Agreement. The injunctive relief in Section 2 also has no application to any Covered Product which is distributed or sold outside the State of California. For purposes of this Settlement Agreement, the "Daily Cadmium Lead Exposure Level" shall be measured in micrograms micrograms, and shall be calculated using the following formula: micrograms of cadmium lead per gram of product, multiplied by grams of product per serving of the product as stated (using the largest serving size appearing on the product label), multiplied by servings of the product per day stated (using the largest number of recommended daily servings appearing on the label), which equals micrograms of Cadmium lead exposure per day. If the label contains no recommended daily servings, then the number of recommended daily servings shall be one.

INJUNCTIVE RELIEF: WARNINGS AND REFORMULATION. 2.1 Beginning five months from on the Effective Date (“Compliance Date”), PastryBase Xxxxx shall be prohibited permanently enjoined from manufacturing for sale in the State of California, distributing for sale in "Distributing into the State of California, ," or directly selling in the State of California, any Covered Product that exposes expose a person to a “Daily Cadmium Exposure Level” of more than 4.1 micrograms of cadmium per day (mcg Pb/day) , unless it meets the warning requirements under Section 2.2. As used in this Settlement Agreement, the term "Distributing into the State of California" shall mean to directly ship a Covered Product into California for sale in California or to sell a Covered Product to a distributor that PastryBase Xxxxx knows or has reason to know will sell the Covered Product in California. The injunctive relief in Section 2 does not apply to any Covered Product that has left the possession possession, and is no longer under the control of PastryBase Xxxxx prior to the Compliance Date, Date and all claims as to such Covered Product are is released in this Settlement Agreement. For purposes of this Settlement Agreement, "Daily Cadmium Exposure Level" shall be measured in micrograms micrograms, and shall be calculated using the following formula: micrograms of cadmium per gram of product, multiplied by grams of product per serving of the product as stated on the label, multiplied by servings of the product per day stated on the label, which equals micrograms of Cadmium cadmium exposure per day. If the label contains no recommended daily servings, then the number of recommended daily servings shall be one.