Common use of Allegations Clause in Contracts

Allegations. 1.2.1 APS&EE alleges that Force Factor distributed, sold or made available for sale in the State of California Force Factor Modern Mushrooms Superfood Powder, 8-10126-66152-4 (hereinafter, the “Product(s)”) causing users in California to be exposed to hazardous levels of lead without providing “clear and reasonable warnings”, in violation of Proposition 65. Lead is potentially subject to Proposition 65 warning requirements because it is listed by the State of California as known to cause cancer and birth defects or other reproductive harm. 1.2.2 On July 18, 2024, APS&EE served a Sixty-Day Notice of Violation (“60-Day Notice”), along with a Certificate of Merit, to Force Factor, Walmart, Inc., and the various public enforcement agencies regarding the alleged violation of Proposition 65 with respect to the Products

Allegations. 1.2.1 APS&EE alleges that Force Factor distributedNvent sold the “Erico” brand of Ground Clamps, sold or made available for sale including but not limited to CWP1J, 7-82856-30596-5 (hereinafter the “Products”), in the State of California Force Factor Modern Mushrooms Superfood Powder, 8-10126-66152-4 (hereinafter, the “Product(s)”) causing users in California to be exposed to hazardous unsafe levels of lead lead, without providing “clear and reasonable warnings”, in violation of Proposition 65. Lead is potentially subject to Proposition 65 warning requirements because it is listed by the State of California as known to cause cancer and birth defects or other reproductive harm. 1.2.2 On July 18October 1, 20242021, APS&EE served provided a Sixty-Day Notice of Violation (the “60-Day Notice”), along with a Certificate of Merit, to Force FactorNvent, WalmartPentair, Inc., nVent Management Company, Green Thumb International, Inc., and the various public enforcement agencies regarding the alleged violation of Proposition 65 with respect to the Productspublic

Allegations. 1.2.1 APS&EE alleges that Force Factor Primal Harvest distributed, sold or made available for sale in the State of California Force Factor Modern Mushrooms Superfood PowderPrimal Greens supplement, including but not limited to 8-1012660002-6615261482-4 3 (hereinafter, the “Product(s)”) causing users in California to be exposed to hazardous levels of lead without providing “clear and reasonable warnings”, in violation of Proposition 65. Lead is potentially subject to Proposition 65 warning requirements because it is listed by the State of California as known to cause cancer and birth defects or other reproductive harm. 1.2.2 On July 18December 30, 2024, APS&EE served a Sixty-Day Notice of Violation (“60-Day Notice”), along with a Certificate of Merit, to Force FactorPrimal Harvest, Walmart▇▇▇▇▇▇.▇▇▇, Inc., and the various public enforcement agencies regarding the alleged violation of Proposition 65 with respect to the Products.

Allegations. 1.2.1 APS&EE alleges that Force Factor distributed, ▇▇▇▇▇▇ sold or made available for sale in the State of California Force Factor Modern Mushrooms Superfood PowderCalifornia, 8metal wire, including but not limited to 25ft, 7000-10126-66152-4 20, 9151/2018/03 (hereinafter, hereinafter collectively the “Product(s)Products”) causing users in California to be exposed to hazardous levels of lead without providing “clear and reasonable warnings”, ,” in violation of Proposition 65. Lead is potentially subject to Proposition 65 warning requirements because it is listed by under that statute as known to the State of California as known to cause cancer and birth defects or other reproductive harm. 1.2.2 On July 18February 5, 20242019, APS&EE served a Sixty-Day Notice of Violation (“60-Day Notice”), along with a Certificate of Merit, to Force Factor▇▇▇▇▇▇, Walmart, Inc., ▇▇-▇▇▇ Stores LLC (“Jo-Ann’s”) and all of the various public enforcement agencies authorized to prosecute violations of Proposition 65 regarding the alleged violation of Proposition 65 with respect to lead and the Products.

Allegations. 1.2.1 APS&EE alleges that Force Factor distributed▇▇▇▇▇▇▇ sold the ▇▇▇▇▇▇▇ Wire brand of galvanized hardware cloth, sold or made available for sale including 23GA, 24” x 5’, P/N 11051213, 7-12654-95013-5 (hereinafter collectively the “Products”) in the State of California Force Factor Modern Mushrooms Superfood Powder, 8-10126-66152-4 (hereinafter, the “Product(s)”) causing users in California to be exposed to hazardous levels of lead without providing “clear and reasonable warnings”, in violation of Proposition 65. Lead is potentially subject to Proposition 65 warning requirements because it is listed by the State of California as known to cause cancer and birth defects or other reproductive harm. 1.2.2 On July 18January 9, 20242017, APS&EE served a Sixty-Day Notice of Violation (“60-Day Notice”), along with a Certificate of Merit, was provided by APS&EE to Force Factor, Walmart, Inc., ▇▇▇▇▇▇▇ and the various public enforcement agencies regarding the alleged violation of Proposition 65 with respect to the Products. / / /

Allegations. 1.2.1 APS&EE alleges that Force Factor Arena Nutrition distributed, sold or made available for sale in the State of California Force Factor Modern Mushrooms Superfood Deal Supplement Ginger Powder, 8-10126-66152-4 including but not limited to X003V4FU99 (hereinafter, the “Product(s)”) causing users in California to be exposed to hazardous levels of lead without providing “clear and reasonable warnings”, in violation of Proposition 65. Lead is potentially subject to Proposition 65 warning requirements because it is listed by the State of California as known to cause cancer and birth defects or other reproductive harm. 1.2.2 On July 18August 22, 2024, APS&EE served a Sixty-Day Notice of Violation (“60-Day Notice”), along with a Certificate of Merit, to Force FactorArena Nutrition, Walmartas well as Bayland Health Products LLC, ▇▇▇▇▇▇.▇▇▇, Inc., and the various public enforcement agencies regarding the alleged violation of Proposition 65 with respect to the Productspublic