Common use of Clear and Reasonable Warnings Clause in Contracts

Clear and Reasonable Warnings. Commencing on the Effective Date and continuing thereafter, for any Products sold or distributed for sale in California by WirthCo that are not Reformulated Products, WirthCo agrees to sell or only offer such Products for sale with a clear and reasonable warning in accordance with this Section or title 27, California Code of Regulations section 25601, et seq. WirthCo further agrees that any warning used will be prominently placed in relation to the Product with such conspicuousness when compared with other words, statements, designs, or devices as to render it likely to be read and understood by an ordinary individual under customary conditions of purchase or use. For purposes of this Settlement Agreement, a clear and reasonable warning for the Products satisfying the above criteria that is affixed directly to a Product or its accompanying labeling or packaging containing the following statement shall be deemed clear and reasonable: WARNING: This product can expose you to chemicals including Di(2-ethylhexyl)phthalate (DEHP) [optional identification of additional chemical(s) in product], which is [are] known to the State of California to cause cancer and birth defects or other reproductive harm. For more information go to ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇ or the following “short-form” warning: WARNING: Cancer and Reproductive Harm - www.P65Warnings.ca.gov1 1 This short-form warning may be used only on the Product, Product label (as defined in 27 Cal. Code Regs. § 25600.1(i), or as part of an internet warning, and must be in a type size no smaller than the largest type size used for consumer information (as defined in section 25600.1(c)) on the Product or Product label, If WirthCo sells Products via an internet website to customers located in California, the warning requirements of this section shall be satisfied if the foregoing warning appears either: (a) on the same page on which a Product is displayed and/or described; (b) in a clearly marked hyperlink using the word “WARNING” on the Product display page; (c) on the same page as the price for the Product; or (d) on one or more web pages displayed to a purchaser prior to purchase during the checkout process. Alternatively, a symbol consisting of a black exclamation point in a yellow or white equilateral triangle may appear adjacent to or immediately following the display, description, price, or checkout listing of the Product, provided that the warning statement appears elsewhere on the same web page in a manner that clearly associates it with the Product(s) to which the warning applies.

Clear and Reasonable Warnings. Commencing on If Forager is required to provide a warning pursuant to Section 3.1, one of the Effective Date and continuing thereafterfollowing warnings must be utilized ("Warning") unless the law, for any Products sold or distributed for sale in California by WirthCo that are not Reformulated Products, WirthCo agrees to sell or only offer such Products for sale with a clear and reasonable warning in accordance with this Section or title 27, California Code of Regulations section 25601, et seq. WirthCo further agrees that any warning used will be prominently placed in relation to the Product with such conspicuousness when compared with other words, statements, designsregulations, or devices as to render it likely to be read and understood by an ordinary individual under customary conditions of purchase or use. For purposes of this Settlement Agreement, a clear and reasonable warning for the Products satisfying the above criteria that is affixed directly to a Product or its accompanying labeling or packaging containing the following statement shall be deemed clear and reasonablecase law requires otherwise: Option 1: WARNING: This Consuming this product can expose you to chemicals including Di(2-ethylhexyl)phthalate (DEHP) [optional identification of additional chemical(s) in product]lead, which is [are] known to the State of California to cause cancer cancer, birth defects, and birth defects or other reproductive and developmental harm. For more information go to ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇/▇▇▇▇ or the following “short-form” warning: WARNING: [Cancer and] Reproductive and Reproductive Developmental Harm - www– ▇▇▇▇://▇▇▇.P65Warnings.ca.gov1 1 This short-form warning ▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇/food Forager shall use the phrase "cancer and" in the Warning if Forager has reason to believe that the "Daily Lead Exposure Level" is greater than 15 micrograms of lead or if Forager has reason to believe that another Proposition 65 chemical is present which may require a cancer warning. The Warning shall be used only securely affixed to or printed upon the label of each Covered Product and it must be set off from other surrounding information. In addition, for any Covered Product sold over the internet, the Warning shall appear on the Product, Product label (as defined checkout page in 27 Cal. Code Regs. § 25600.1(i), full text or as part of an internet warning, and must be in a type size no smaller than the largest type size used for consumer information (as defined in section 25600.1(c)) on the Product or Product label, If WirthCo sells Products via an internet website to customers located in California, the warning requirements of this section shall be satisfied if the foregoing warning appears either: (a) on the same page on which a Product is displayed and/or described; (b) in through a clearly marked hyperlink using the word “"WARNING” " in all capital and bold letters when a California delivery address is indicated for any purchase of any Covered Product. If a hyperlink is used, the hyperlink must go directly to a page prominently displaying either the Option 1 Warning or the Option 2 Warning without content that detracts from the Warning. An asterisk or other identifying method must be utilized to identify which products on the Product display page; (c) checkout page are subject to the Warning. The Warning shall be at least the same size as the largest of any other health or safety warnings also appearing on the same page as website or on the price for label and the Product; word "WARNING" shall be in all capital letters and in bold print. No statements intended to or (d) likely to have the effect of diminishing the impact of the Warning on one the average lay person shall accompany the Warning. Further, no statements may accompany the Warning that state or more web pages displayed to imply that the source of the listed chemical has an impact on or results in a purchaser prior to purchase during less harmful effect of the checkout processlisted chemical. AlternativelyFor the Option 2 Warning, a symbol consisting of a black exclamation point in a yellow or white equilateral triangle may appear adjacent with a bold black outline shall be placed to the left of the text of the Warning, in a size no smaller than the height of the word ''WARNING." Forager will display the above Warning with such conspicuousness, as compared with other words, statements or immediately following designs on the display, description, pricelabel, or checkout listing on its website, if applicable, to render the Warning likely to be read and understood by an ordinary individual under customary conditions of purchase or use of the Productproduct. For purposes of this Settlement Agreement, provided the term "label" means a display of written, printed or graphic material that is printed on or affixed to a Covered Product or its immediate container or wrapper. For purposes of this Settlement Agreement, when Forager is required to provide a warning for a Covered Product pursuant to Section 2.1, Forager may satisfy the warning statement appears elsewhere on requirement by providing the same web page required information in compliance with 27 C.C.R. § 25600.2 (2020) to any business that is subject to Proposition 65 to which it is selling or transferring the Covered Product. If ▇▇▇▇▇▇▇▇▇▇ alleges that any Covered Product fails to adhere to this Agreement, then ▇▇▇▇▇▇▇▇▇▇ shall inform Forager in a reasonably prompt manner that clearly associates it with of its test results, including information sufficient to permit Forager to identify the Product(s) Covered Products at issue and investigate. The Parties shall first attempt to which resolve the warning appliesmatter prior to ▇▇▇▇▇▇▇▇▇▇ taking any further legal action.

Clear and Reasonable Warnings. Commencing on As of the Effective Date and continuing thereafterDate, for any Fulham Group includes with all Covered Products sold or distributed offered for sale in California by WirthCo that are not Reformulated Productsone of the warning statements set forth on Exhibit A, WirthCo agrees to sell or only offer such attached hereto. When Fulham Group next changes the packaging for the Covered Products but in any event no later than August 31, 2018, for all Covered Products offered for sale with a clear and reasonable warning in accordance with this Section or title 27California, California Code Fulham Group shall include one of Regulations section 25601, et seq. WirthCo further agrees that any warning used will be prominently placed in relation to the Product with such conspicuousness when compared with other words, statements, designs, or devices as to render it likely to be read and understood by an ordinary individual under customary conditions of purchase or use. For purposes of this Settlement Agreement, a clear and reasonable warning for the Products satisfying the above criteria that is affixed directly to a Product or its accompanying labeling or packaging containing the following statement shall be deemed clear and reasonablewarning statements: WARNING: This Chemicals known to the state of California to cause birth defects or other reproductive harm, including carbon monoxide, are produced by combustion of propane, charcoal or wood when used with this product. Or, WARNING: Use of this product with propane, charcoal or wood can expose you to chemicals including Di(2-ethylhexyl)phthalate (DEHP) [optional identification of additional chemical(s) in product]carbon monoxide, which is [are] a combustion byproduct known to the State of California to cause cancer and birth defects or other reproductive harm. For more information go to ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇ ▇. The warning statements shall be affixed to or printed on packaging for Covered Products, as well as printed in the following “short-form” warning: WARNING: Cancer Covered Products’ instruction booklets (if any). The warnings shall be displayed with such conspicuousness, as compared with other words, statements, designs, or devices as to render them likely to be read and Reproductive Harm - www.P65Warnings.ca.gov1 1 This short-form warning understood by an ordinary individual under customary conditions of purchase or use. Warnings may be used only on contained in the Product, Product label (as defined in 27 Calsame section of the instruction booklets that contain other safety warnings concerning the use of the Covered Products. Code Regs. § 25600.1(i), or as part The type size of an internet warningthe warning must be legible, and must be in a type size no smaller than any other warning provided with the largest type size used for consumer information (as defined in section 25600.1(c)) on the Product or Product label, If WirthCo sells Products via an internet website to customers located in California, the warning requirements of this section shall be satisfied if the foregoing warning appears either: (a) on the same page on which a Product is displayed and/or described; (b) in a clearly marked hyperlink using the Covered Products. The word “WARNING:” on the Product display page; (c) on the same page as the price for the Product; or (d) on one or more web pages displayed to a purchaser prior to purchase during the checkout processshall be in upper case letters and bold text. Alternatively, Fulham Group may utilize a symbol consisting of a black exclamation point in a yellow or white equilateral triangle may appear adjacent to with a bold black outline or immediately following a black exclamation point in a white triangle with black border if no yellow is used in the display, description, price, or checkout listing section of the Productpackaging, provided print or online material regarding the Covered Products that contains other warning language regarding use of the Covered Products. In the event that the Office of Environmental Health Hazard Assessment promulgates one or more regulations requiring or permitting warning statement appears elsewhere on the same web page text and/or methods of transmission different from those set forth above, Fulham Group shall be entitled to use, at its discretion, such other warning text and/or method of transmission without being deemed in a manner that clearly associates it with the Product(s) to which the warning appliesbreach of this Agreement.

Clear and Reasonable Warnings. Commencing on For any Covered Products manufactured after the Effective Date that do not qualify as Reformulated Covered Products and continuing thereafter, for any Products that are directly sold or distributed offered for sale in California by WirthCo that are not Reformulated ProductsChemi-Source after the Effective Date, WirthCo agrees to Chemi-Source shall only sell or only offer such Products for sale with said non- reformulated Covered Products when accompanied by one of the following Proposition 65 warnings: [California Proposition 65] WARNING: Consuming this product can expose you to [chemicals including] lead which is [are] known to the State of California to cause [cancer and] birth defects or other reproductive harm. For more information go to: ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇/▇▇▇▇” Or: [California Proposition 65] WARNING: [Cancer and] Reproductive Harm – ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇/▇▇▇▇” Language in brackets is optional, but Chemi-Source shall use the phrase “cancer and” in the warning if Chemi-Source has reason to believe that the “Daily Lead Exposure Level” is greater than 15 micrograms of lead or if Chemi-Source has reason to believe that another Proposition 65 listed chemical is present which may require a clear and reasonable cancer warning. The words “chemicals including” may be omitted from the warning in accordance with this content if the warning is being provided for an exposure to lead only. The warning provided pursuant to Section or title 27, California Code of Regulations section 25601, et seq. WirthCo further agrees that any warning used will 2.3 shall be prominently placed in relation affixed to or printed on the Product Covered Product’s container, packaging, or label with such conspicuousness when conspicuousness, as compared with other words, statements, or designs, or devices as to render it likely to be read and understood by an ordinary individual under customary conditions of purchase or use. For purposes of this Settlement AgreementIf the warning is provided on the Covered Product label, it must be set off from other surrounding information and enclosed in a clear and reasonable box. In addition, for any Covered Product sold over the internet from Chemi-Source’s website where a California delivery address is indicated, the warning for or a clearly marked hyperlink to the Products satisfying warning using the above criteria that is affixed directly to a Product or its accompanying labeling or packaging containing the following statement word(s) “[California Proposition 65] WARNING” (language in brackets optional) shall be deemed clear and reasonable: WARNING: This provided either by including the warning on the product can expose you to chemicals including Di(2-ethylhexyl)phthalate (DEHP) [optional identification of additional chemical(s) in product]display page, which is [are] known by otherwise prominently displaying the warning to the State purchaser during the checkout process prior to completing the purchase, or by any other means authorized under Section 25600 et seq. of Title 27 of the California to cause cancer and birth defects Code of Regulations. An asterisk or other reproductive harm. For more information go identifying method must be utilized to ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇ or the following “short-form” warning: WARNING: Cancer and Reproductive Harm - www.P65Warnings.ca.gov1 1 This short-form warning may be used only identify which products on the Productcheckout page are subject to the warning. In the event Chemi-Source provides the warning pursuant to OPTION 2, Product label (as defined in 27 Cal. Code Regs. § 25600.1(i)above, or as part of an internet warning, and the entire warning must be in a type size no smaller than the largest type size used for other “consumer information (information” on the product label as defined in section 25600.1(c27 Cal. Code of Regs. § 25600(c)) on the Product or Product label, If WirthCo sells Products via an internet website to customers located and in California, no case shall the warning requirements of this section shall be satisfied if the foregoing warning appears either: (a) on the same page on which a Product is displayed and/or described; (b) appear in a clearly marked hyperlink using type size smaller than 6-point type. For all warnings, the word “WARNING” on the Product display page; (c) on the same page as the price for the Product; or (d) on one or more web pages displayed to a purchaser prior to purchase during the checkout processshall be in all capital letters in bold print. Alternatively, a symbol consisting of a black exclamation point Any additional statements in a yellow or white equilateral triangle may appear adjacent to or immediately following the display, description, price, or checkout listing of the Product, provided that the warning statement appears elsewhere on the same web page in a manner that clearly associates it shall comply with the Product(s) to which the warning appliesTitle 27, California Code of Regulations, Section 25601(e).

Clear and Reasonable Warnings. Commencing on For any Covered Products manufactured after the Effective Date that do not qualify as Reformulated Covered Products and continuing thereafter, for any Products are directly sold or distributed offered for sale in California by WirthCo that are not Reformulated ProductsGiant Sports International Limited Liability Company after the Effective Date, WirthCo agrees to Giant Sports International Limited Liability Company shall only sell or only offer such said non-reformulated Covered Products for sale in California when accompanied with one of the following warnings: WARNING: Consuming this product can expose you to chemicals including [lead] [and] [cadmium] which is [are] known to the State of California [cancer and] birth defects and other reproductive harm. For more information go to: ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇/▇▇▇▇” OR: WARNING: [Cancer and] Reproductive Harm – ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇/▇▇▇▇” Giant Sports International Limited Liability Company shall use the phrase “cancer and” in the warning if Giant Sports International Limited Liability Company has reason to believe that the “Daily Lead Exposure Level” is greater than 15 micrograms of lead or if Giant Sports International Limited Liability Company has reason to believe that another Proposition 65 chemical is present which may require a clear and reasonable cancer warning. As identified in the brackets, the warning shall appropriately reflect whether there is lead or cadmium present in accordance with this each of the Covered Products. The words “chemicals including” may be deleted from the warning content if the warning is being provided for an exposure to a single chemical. The warning provided pursuant to Section or title 27, California Code of Regulations section 25601, et seq. WirthCo further agrees that any warning used will 2.3 shall be prominently placed in relation affixed to or printed on the Product Covered Product’s packaging or label with such conspicuousness when conspicuousness, as compared with other words, statements, designs, or devices designs as to render it likely to be read and understood by an ordinary individual under customary conditions of purchase or use. For purposes of this Settlement AgreementIf the warning is provided on the label, it must be set off from other surrounding information and enclosed in a clear and reasonable box. In addition, for any Covered Product sold over the internet where a California delivery address is indicated, the warning for the Products satisfying the above criteria that is affixed directly to a Product or its accompanying labeling or packaging containing the following statement shall be deemed clear and reasonable: WARNING: This provided either by including the warning on the product can expose you to chemicals including Di(2-ethylhexyl)phthalate (DEHP) [optional identification of additional chemical(s) in product]display page, which is [are] known by otherwise prominently displaying the warning to the State purchaser during the checkout process prior to completing the purchase, or by any other means authorized under Section 25607.1 of Title 27 of the California to cause cancer and birth defects Code of Regulations. An asterisk or other reproductive harm. For more information go identifying method must be utilized to ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇ or the following “short-form” warning: WARNING: Cancer and Reproductive Harm - www.P65Warnings.ca.gov1 1 This short-form warning may be used only identify which products on the Productcheckout page are subject to the warning. In the event Giant Sports International Limited Liability Company provides the warning pursuant to OPTION 2, Product label (as defined in 27 Cal. Code Regs. § 25600.1(i)above, or as part of an internet warning, and the entire warning must be in a type size no smaller than the largest type size used for other consumer information (as defined in section 25600.1(c)) on the Product or Product labelproduct, If WirthCo sells Products via an internet website to customers located and in California, no case shall the warning requirements of this section shall be satisfied if the foregoing warning appears either: (a) on the same page on which a Product is displayed and/or described; (b) appear in a clearly marked hyperlink using type size smaller than 6-point type. For all warnings, the word “WARNING” on the Product display page; (c) on the same page as the price for the Product; or (d) on one or more web pages displayed to a purchaser prior to purchase during the checkout processshall be in all capital letters in bold print. Alternatively, a symbol consisting of a black exclamation point Any additional statements in a yellow or white equilateral triangle may appear adjacent to or immediately following the display, description, price, or checkout listing of the Product, provided that the warning statement appears elsewhere on the same web page in a manner that clearly associates it shall comply with the Product(s) to which the warning appliesTitle 27, California Code of Regulations, Section 25601(e).

Clear and Reasonable Warnings. Commencing on the Effective Date and continuing thereafter, for any Products sold or distributed for sale in California by WirthCo U.S. Wire that are not Reformulated Products, WirthCo agrees to sell or U.S. Wire will only offer such Products for sale with a clear and reasonable warning in accordance with this Section or title 27, and/or Title 27 California Code of Regulations section 2560125600, et seq. WirthCo ., as amended from time to time.1 U.S. Wire further agrees that any warning used will be prominently placed in relation to the Product Products with such conspicuousness when compared with other words, statements, designs, or devices as to render it likely to be read and understood by an ordinary individual under customary conditions of purchase or use. For purposes of this Settlement Agreement, a clear and reasonable legible warning for the Products satisfying transmitted according to the above criteria that is criteria, and affixed directly to a Product or its accompanying labeling or packaging containing one of the following statement statements shall be deemed clear and reasonable: WARNING: This product can expose you to chemicals including Di(2-ethylhexyl)phthalate ([including] [lead,] [DINP,] [and] [DEHP) [optional identification of additional chemical(s) in product], which is [are] are known to the State of California to cause cancer and birth defects or other reproductive harm. For more information go to ▇▇▇www.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇ P65Warnings.ca.gov2 1 Products that were acquired or supplied to third parties (including Airgas) by U.S. Wire prior to the Effective Date, which contain some attempt to transmit health hazard warnings to the end user shall be deemed exempted from the requirements of Section 2 and are permitted to be sold through as previously manufactured, packaged and labeled. 2 The bracketed language shown above is semi-optional subject to the following: Given the variable nature of the chemical content of the feedstock used for the PVC jacketing on the Products, U.S. Wire may elect to use one or more of the bracketed references to the chemicals shown above; however, if U.S. Wire elects to use only the reference to DINP, it shall end the sentence in question immediately following the word “short-formcancer” warning: and or WARNING: Cancer This product can expose you to chemicals [including] [lead,] [DINP,] [and] [DEHP], which are known to the State of California to cause cancer and Reproductive Harm - birth defects or other reproductive harm. For more information go to www.P65Warnings.ca.gov1 1 This short-form warning may be used only on the Product, Product label (as defined in 27 Cal. Code Regs. § 25600.1(i), or as part of an internet warning, and must be in a type size no smaller than the largest type size used for consumer information (as defined in section 25600.1(c)) on the Product or Product label, P65Warnings.ca.gov.3 If WirthCo U.S. Wire sells Products via an internet website to customers located in California, the warning requirements of this section section, where applicable, shall be satisfied if the foregoing warning appears either: (a) on the same web page on which a Product is displayed and/or described; (b) in a clearly marked hyperlink using the word “WARNING” on the Product display page; (c) on the same page as the price for the Product; or (dc) on one or more web pages displayed to a purchaser prior to purchase during the checkout process. Alternatively, a symbol consisting of a black exclamation point in a yellow or white equilateral triangle may appear adjacent to or immediately following the display, description, price, or checkout listing of the Product, provided that the warning statement appears elsewhere on the same web page in a manner that clearly associates it with the Product(sproduct(s) to which the warning applies.

Clear and Reasonable Warnings. Commencing on the Effective Date and continuing thereafterIf Nuzest USA is required to provide a warning pursuant to Section 3.1, for any Products sold or distributed for sale in California by WirthCo that are not Reformulated Products, WirthCo agrees to sell or only offer such Products for sale with a clear and reasonable warning in accordance with this Section or title 27, California Code of Regulations section 25601, et seq. WirthCo further agrees that any warning used will be prominently placed in relation to the Product with such conspicuousness when compared with other words, statements, designs, or devices as to render it likely to be read and understood by an ordinary individual under customary conditions of purchase or use. For purposes of this Settlement Agreement, a clear and reasonable warning for the Products satisfying the above criteria that is affixed directly to a Product or its accompanying labeling or packaging containing the following statement shall warning must be deemed clear and reasonable: utilized (“Warning”): WARNING: This Consuming this product can expose you to chemicals including Di(2-ethylhexyl)phthalate (DEHP) [optional identification of additional chemical(s) in product], lead] which is [are] known to the State of California to cause [cancer and and] birth defects or other reproductive harm. For more information go to ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇ ▇/▇▇▇▇. Nuzest USA shall use the phrase “cancer and” in the Warning only if the “Daily Lead Exposure Level” is greater than 15 micrograms of lead as determined pursuant to the quality control methodology set forth in Section 3.4 or if Nuzest USA has reason to believe that another Proposition 65 chemical is present at a level requiring the following cancer warning. The Warning shall be printed upon the labels of the Covered Products and it must be set off from other surrounding information and enclosed in a box. Nuzest USA represents that it complied with this warning method, without the phrase “short-formcancer and,” warning: WARNING: Cancer prior to receiving the Notices and Reproductive Harm - www.P65Warnings.ca.gov1 1 This short-form warning it agrees that it shall continue that practice. In addition, for any Covered Product sold over the internet, the Warning shall appear either on the Covered Product’s primary display page or on the checkout page when a California delivery address is indicated for any purchase of any Covered Product. If the Warning appears on the checkout page, an asterisk or other identifying method must be utilized to identify which product on the checkout page is subject to the Warning. The Warning may be used only on provided with a conspicuous hyperlink stating “WARNING” in all capital and bold letters so long as the Product, Product label (as defined in 27 Calhyperlink goes directly to a page prominently displaying the Warning without content that detracts from the Warning. Code Regs. § 25600.1(i), or as part of an internet warning, and must be in a type size no smaller than the largest type size used for consumer information (as defined in section 25600.1(c)) on the Product or Product label, If WirthCo sells Products via an internet website to customers located in California, the warning requirements of this section shall be satisfied if the foregoing warning appears either: (a) on the same page on which a Product is displayed and/or described; (b) in Nuzest USA represents that it has added a clearly marked hyperlink using the word “WARNING” on the Product primary product display page; (c) pages for the Covered Products. The hyperlink links to the Warning. Except as provided in the next paragraph, below, Nuzest USA shall continue to provide the Warning on labels and for internet sales in accordance with this Section 3.2 after the same page Effective Date, so long as the price Warning is required pursuant to Section 3.1 of this Agreement. The label Warning is not required if: (1) Nuzest USA provides notice and warning materials to the “authorized agent” for a business or retail seller in full compliance with Title 27, Cal Code of Regs., Section 25600.2(b)-(c) (in effect as of the ProductEffective Date of this Agreement); or (d2) a packing insert no smaller than 3 inches by 5 inches or the invoice accompanies the Covered Product(s) and provides the clear and conspicuous Warning in accordance with this Section 3.2 and identifies which product(s) are subject to it. When the Warning is provided on one the label, however, as an alternative to printing the Warning on the label, the warning may be securely affixed to the label, e.g., via sticker. The Warning shall be at least the same size as the largest of any other health or more web pages displayed safety warnings also appearing on the website or on the label. The word “WARNING” shall be in all capital letters and in bold print. No statements intended to a purchaser prior or likely to purchase during have the checkout processeffect of diminishing the impact of, or reducing the clarity of, the Warning on the average lay person shall accompany the Warning. AlternativelyFurther, a symbol consisting no statements may accompany the Warning that state or imply that the source of a black exclamation point the listed chemical has an impact on or results in a yellow or white equilateral triangle may appear adjacent to or immediately following less harmful effect of the displaylisted chemical. Nuzest USA must display the above Warning with such conspicuousness, descriptionas compared with other words, pricestatements, or checkout listing designs on the label, or on its website, as applicable, to render the Warning likely to be read and understood by an ordinary individual under customary conditions of purchase or use of the Product, provided that the warning statement appears elsewhere on the same web page in a manner that clearly associates it with the Product(s) to which the warning appliesproduct.

Clear and Reasonable Warnings. Commencing on For any Covered Products manufactured after the Effective Date that do not qualify as Reformulated Covered Products and continuing thereafter, for any Products are directly sold or distributed offered for sale in California by WirthCo that are not Reformulated ProductsSakara Life after the Effective Date, WirthCo agrees to Sakara Life shall only sell or only offer such said non-reformulated Covered Products for sale in California when accompanied with a clear and reasonable warning in accordance with this Section or title 27, California Code one of Regulations section 25601, et seq. WirthCo further agrees that any warning used will be prominently placed in relation to the Product with such conspicuousness when compared with other words, statements, designs, or devices as to render it likely to be read and understood by an ordinary individual under customary conditions of purchase or use. For purposes of this Settlement Agreement, a clear and reasonable warning for the Products satisfying the above criteria that is affixed directly to a Product or its accompanying labeling or packaging containing the following statement shall be deemed clear and reasonable: warnings (or such other warnings as are permitted or required by applicable California law from time to time): WARNING: This Consuming this product can expose you to [chemicals including Di(2-ethylhexyl)phthalate (DEHP) including] [optional identification of additional chemical(s) in product], lead] which is [are] known to the State of California to cause [cancer and and] birth defects or other reproductive harm. For more information go to ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇ or the following “short-form” warning▇/▇▇▇▇. OR: WARNING: [Cancer and and] Reproductive Harm - www– ▇▇▇.P65Warnings.ca.gov1 1 This short-form ▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇/▇▇▇▇” Sakara Life shall use the phrase “cancer and” in the warning if Sakara Life has reason to believe that the “Daily Lead Exposure Level” is greater than 15 micrograms of lead, or if Sakara Life has reason to believe that another Proposition 65 chemical is present which may require a cancer warning. Subject to applicable California law from time to time, a. the warning provided pursuant to Section 2.3 shall be used only prominently affixed to or printed on the Covered Product’s packaging or label with such conspicuousness, Product label (as defined in 27 Cal. Code Regs. § 25600.1(i)compared with other words, statements, or designs as part to render it likely to be read and understood by an ordinary individual under customary conditions of an purchase or use. b. If the warning is provided on the label, it must be set off from other surrounding information and enclosed in a box. c. In addition, for any Covered Product sold over the internet warningwhere a California delivery address is indicated, and the warning shall be provided either by including the warning on the product display page, by otherwise prominently displaying the warning to the purchaser during the checkout process prior to completing the purchase, or by any other means authorized under Section 25607.1 of Title 27 of the California Code of Regulations. d. In the event Sakara Life provides the warning pursuant to OPTION 2, above, the entire warning must be in a type size no smaller than the largest type size used for other consumer information (as defined in section 25600.1(c)) on the Product or Product labelproduct, If WirthCo sells Products via an internet website to customers located and in California, no case shall the warning requirements of this section shall be satisfied if the foregoing warning appears either: (a) on the same page on which a Product is displayed and/or described; (b) appear in a clearly marked hyperlink using type size smaller than 6-point type. For all warnings, the word “WARNING” on shall be in all capital letters in bold print. Any additional statements in the Product display page; (c) on warning shall comply with Title 27, California Code of Regulations, Section 25601(e). Notwithstanding the same page as foregoing and for absolute clarity, the price for Parties acknowledge and agree that if Sakara Life has met the Product; or (d) on one or more web pages displayed to a purchaser prior to purchase during the checkout process. Alternatively, a symbol consisting of a black exclamation point in a yellow or white equilateral triangle may appear adjacent to or immediately following the display, description, price, or checkout listing obligations under Title 27 of the ProductCalifornia Code of Regulations (as amended from time to time), provided that the warning statement appears elsewhere on the same web page in a manner that clearly associates it with the Product(s) shall be deemed to which the warning applieshave satisfied its obligations hereunder.

Clear and Reasonable Warnings. Commencing on For any Covered Products manufactured after the Effective Date that do not qualify as Reformulated Covered Products and continuing thereafter, for any Products are directly sold or distributed offered for sale in California by WirthCo that are not Reformulated ProductsLost Empire after the Effective Date, WirthCo agrees to Lost Empire shall only sell or only offer such said non-reformulated Covered Products for sale in California when accompanied with a clear and reasonable warning in accordance with this Section or title 27, California Code one of Regulations section 25601, et seq. WirthCo further agrees that any warning used will be prominently placed in relation to the Product with such conspicuousness when compared with other words, statements, designs, or devices as to render it likely to be read and understood by an ordinary individual under customary conditions of purchase or use. For purposes of this Settlement Agreement, a clear and reasonable warning for the Products satisfying the above criteria that is affixed directly to a Product or its accompanying labeling or packaging containing the following statement shall be deemed clear and reasonablewarnings: WARNING: This Consuming this product can expose you to [chemicals including Di(2-ethylhexyl)phthalate (DEHP) [optional identification of additional chemical(s) in product], including] lead which is [are] known to the State of California to cause [cancer and and] birth defects or and other reproductive harm. For more information go to to: ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇ or the following “short-form▇/▇▇▇▇” warningOR: WARNING: [Cancer and and] Reproductive Harm - www– ▇▇▇.P65Warnings.ca.gov1 1 This short-form ▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇/▇▇▇▇” Lost Empire shall use the phrase “cancer and” in the warning if Lost Empire has reason to believe that the “Daily Lead Exposure Level” is greater than 15 micrograms of lead or if Lost Empire has reason to believe that another Proposition 65 chemical is present which may require a cancer warning. The words “chemicals including” may be used only omitted from the warning content if the warning is being provided for an exposure to lead only. The Warning shall be provided through one of the following methods: (1) a product- specific warning provided on a posted sign, shelf tag, or shelf sign, for the consumer product at each point of display of the product; or (2) a product-specific warning provided via any electronic device or process that automatically provides the warning to the purchaser prior to or during the purchase of the consumer product, without requiring the purchaser to seek out the warning; or (3) a warning on the Productlabel that is securely affixed to or printed upon the label and complies with this Section 2.3. If the warning is provided on the label, it must be set off from other surrounding information and enclosed in a box. In addition, for any Covered Product label (as defined in 27 Cal. Code Regs. § 25600.1(i)sold over the internet where a California delivery address is indicated, the warning shall be provided either by including the warning on the product display page, by otherwise prominently displaying the warning to the purchaser during the checkout process prior to completing the purchase, or as part by any other means authorized under Section 25607.1 of an internet Title 27 of the California Code of Regulations. An asterisk or other identifying method must be utilized to identify which products on the checkout page are subject to the warning. Given Lost Empire’s lack of control over third-party websites, the online warning requirements expressed in this Section apply only to Covered Products sold through Lost Empire’s website. With respect to any downstream reseller customers of Lost Empire who are subject to Proposition 65, Lost Empire may give written notice, including labels, labeling, shelf signs, or tags bearing the warning, and all other necessary warning materials, to the authorized agent of such downstream reseller customers. Such written notice shall instruct the downstream reseller customers that the labels, labeling, shelf signs, or tags bearing the warning must be displayed on or in proximity to the Covered Products with such conspicuousness, as compared with other words, statements or designs as to render the warning likely to be seen, read, and understood by an ordinary individual prior to sale. In the event Lost Empire provides the warning pursuant to OPTION 2, above, the entire warning must be in a type size no smaller than the largest type size used for other consumer information (as defined in section 25600.1(c)) on the Product or Product labelproduct, If WirthCo sells Products via an internet website to customers located and in California, no case shall the warning requirements of this section shall be satisfied if the foregoing warning appears either: (a) on the same page on which a Product is displayed and/or described; (b) appear in a clearly marked hyperlink using type size smaller than 6-point type. For all warnings, the word “WARNING” shall be in all capital letters in bold print. Any additional statements in the warning shall comply with Title 27, California Code of Regulations, Section 25601(e). If subsequently enacted changes to Proposition 65 or its implementing regulations require the use of additional or different information on any warning specifically applicable to the Product display page; Covered Products (c) on the same page as “New Safe Harbor Warning”), the price for the Product; or (d) on one or more web pages displayed to a purchaser prior to purchase during the checkout process. Alternatively, a symbol consisting of a black exclamation point in a yellow or white equilateral triangle may appear adjacent to or immediately following the display, description, price, or checkout listing of the Product, provided Parties agree that the New Safe Harbor warning statement appears elsewhere on may be utilized in place of or in addition to, as applicable, the same web page warnings set forth in a manner that clearly associates it with the Product(s) to which the warning appliesthis Section.