Other Settlements for the same products Sample Clauses

Other Settlements for the same products. In the event Davia reaches a 13 settlement or judgment against Sterling Supply Company on the basis of a violation of 14 Proposition 65, Xxxxxx may apply to Xxxxx, through her counsel, for a refund to Xxxxxx of up 15 to one half of the amounts paid by Xxxxxx under paragraphs 4.1, 4.2 and 4.3 so as to avoid 16 Xxxxx’x collection of duplicative payments for the same Covered Products. Such refund will 17 only be upon proof by Xxxxxx that Xxxxxx sold Covered Products from Sterling Supply 18 Company within two years prior to the Effective Date. Any such refund shall be capped and 19 limited to one half of the monies paid to Xxxxx and her counsel under this Agreement This 20 provision is in recognition of the facts that Xxxxxx is not the original manufacturer of Covered

Other Settlements for the same products. In the event Davia reaches a settlement or judgment against any manufacturer of vinyl records on the basis of a violation of Proposition 65, Vinylux may apply to Davia, through her counsel, for a refund to Vinylux the amounts paid by Vinylux under paragraphs 4.1, 4.2 and 4.3 so as to avoid Davia’s collection of duplicative payments for the same vinyl records. Such refund will only be upon proof by Vinylux that Vinylux received vinyl records from the settling manufacturer of vinyl records within the one year prior to September 1, 2015, and incorporated such vinyl records into a Covered Product and proof by Vinylux of the proportion of such received records compared to all vinyl records received by Vinylux in that same period. Any such refund shall be capped and limited by the same proportion applied to the monies paid to Davia under this Agreement. This provision is in recognition of the facts that Vinylux is not the original manufacturer of the vinyl records used in its products, vintage vinyl records are an essential character of Vinylux’s unique, hand-crafted products and so Vinylux recycles vintage vinyl records and does not purchase vinyl records from original manufacturers, Vinylux has no way to control or specify the content or formulation of vinyl records used in its Covered Products, and to the extent vinyl records are subject to Proposition 65, only the original manufacturers are capable of reformulating vinyl records.