Common use of General Warning Requirements Clause in Contracts

General Warning Requirements. Great Eastern agrees that each warning shall be prominently placed with such conspicuousness, as 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 before purchase or use. Each warning shall be provided in a manner such that the consumer or user understands to which specific Product the warning applies, so as to minimize the risk of consumer confusion. For the purposes of this Settlement Agreement, a clear and reasonable warning for the Product shall consist of a warning affixed to the packaging, label, tag, or directly to each of the Product sold or distributed in California by Great Eastern that contains one of the following statements: 1) WARNING: Consuming this product can expose you to lead which is known to the State of California to cause birth defects or other reproductive harm. For more information go to ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇/▇▇▇▇; 2) WARNING: Reproductive ▇▇▇▇-▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇/▇▇▇▇. The warning shall be offset in a box with black outline. For internet purchases, the warning must also be provided by including either the warning or a clearly marked hyperlink using the word "WARNING" on the Product display page, or by otherwise prominently displaying the warning to the purchaser prior to completing the purchase. For Product that Great Eastern provides for a downstream entity to sell on the internet, Great Eastern shall include an instruction that the entity comply with the warning requirements of this section. Where a consumer product sign, label or shelf tag used to provide a warning includes consumer information in language(s) other than English, the warning must also be provided in the other language(s) in addition to English. (i) Changes in Warning Regulations or Statutes In the event that the Office of Environmental Health Hazard Assessment promulgates one or more regulations requiring or permitting warning text and/or methods of transmission different than those set forth above, Great Eastern shall be entitled to use, at its discretion, such other warning text and/or method of transmission without being deemed in breach of this Agreement. If regulations or legislation are enacted or issued providing that a Proposition 65 warning for the Product is no longer required, a lack of warning will not thereafter be a breach of this Agreement.

Appears in 1 contract

Sources: Settlement Agreement

General Warning Requirements. Great Eastern AFC agrees that each warning shall be prominently placed with such conspicuousness, as 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 before purchase or use. Each warning shall be provided in a manner such that the consumer or user understands to which specific Product product the warning applies, applies so as to minimize the risk of consumer confusionconfusion to consumers. For the purposes of this Settlement Agreement, a clear and reasonable warning for the Covered Product shall consist of a warning affixed to the packaging, label, tag, or directly to each of the Covered Product sold or distributed in California by Great Eastern AFC that contains one of the following warning statements: 1) : WARNING: Consuming this product can expose you to lead chemicals, including Lead which is known to the State of California to cause birth defects or other reproductive harm. For more information go to ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇/▇▇▇▇; 2) . OR WARNING: Reproductive ▇▇▇▇-Harm – ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇/▇▇▇▇ The Warning shall be securely affixed to or printed upon the label of each product and it must be set off from other surrounding information and enclosed in a box. In addition, the same warning shall be posted on any website under the exclusive control of AFC, where the Covered Product is sold to consumers located in California. The warning requirements of this section shall be offset in satisfied if the forgoing warning appears either: (a) on the same web page on which a box with black outline. For internet purchases, the warning must also be provided Covered Product is displayed and/or described by including either the warning or providing a clearly marked hyperlink using the word "WARNING" ”; (b) on the Product display pagesame page as the price for the Covered Product, or by otherwise prominently displaying the warning (c) on one or more web pages displayed to the a purchaser prior to completing purchase during the purchase. For Product that Great Eastern provides for a downstream entity to sell on the internet, Great Eastern shall include an instruction that the entity comply with the warning requirements of this section. Where a consumer product sign, label or shelf tag used to provide a warning includes consumer information in language(s) other than English, the warning must also be provided in the other language(s) in addition to Englishcheckout process. (i) Changes in Warning Regulations or Statutes In the event that the Office of Environmental Health Hazard Assessment promulgates one or more regulations requiring or permitting warning text and/or methods of transmission different than those set forth above, Great Eastern shall be entitled to use, at its discretion, such other warning text and/or method of transmission without being deemed in breach of this Agreement. If regulations or legislation are enacted or issued providing that a Proposition 65 warning for the Product is no longer required, a lack of warning will not thereafter be a breach of this Agreement.

Appears in 1 contract

Sources: Settlement Agreement

General Warning Requirements. Great Eastern Grocery Outlet agrees that each warning shall be prominently placed with such conspicuousness, as 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 before purchase or use. Each warning shall be provided in a manner such that the consumer or user understands to which specific Product the warning applies, so as to minimize the risk of consumer confusion. For the purposes of this Settlement Agreement, a clear and reasonable warning for the Product shall consist of a warning affixed to the packaging, label, tag, or directly to each of the Product sold or distributed in California by Great Eastern Grocery Outlet that contains one of the following statements: 1) WARNING: Consuming this product can expose you to lead which is known to the State of California to cause birth defects or other reproductive harm. For more information go to ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇/▇▇▇▇; 2) WARNING: Reproductive ▇▇▇▇-▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇/▇▇▇▇. The warning shall be offset in a box with black outline. For internet purchases, the warning must also be provided by including either the warning or a clearly marked hyperlink using the word "WARNING" on the Product display page, or by otherwise prominently displaying the warning to the purchaser prior to completing the purchase. For Product that Great Eastern Grocery Outlet provides for a downstream entity to sell on the internet, Great Eastern Grocery Outlet shall include an instruction that the entity comply with the warning requirements of this section. Where a consumer product sign, label or shelf tag used to provide a warning includes consumer information in language(s) other than English, the warning must also be provided in the other language(s) in addition to English. (i) Changes in Warning Regulations or Statutes In the event that the Office of Environmental Health Hazard Assessment promulgates one or more regulations requiring or permitting warning text and/or methods of transmission different than those set forth above, Great Eastern shall be entitled to use, at its discretion, such other warning text and/or method of transmission without being deemed in breach of this Agreement. If regulations or legislation are enacted or issued providing that a Proposition 65 warning for the Product is no longer required, a lack of warning will not thereafter be a breach of this Agreement.

Appears in 1 contract

Sources: Settlement Agreement

General Warning Requirements. Great Eastern agrees that each warning shall be prominently placed with such conspicuousness, as 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 before purchase or use. Each warning shall be provided in a manner such that the consumer or user understands to which specific Product the warning applies, so as to minimize the risk of consumer confusion. For the purposes of this Settlement Agreement, a clear and reasonable warning for the Covered Product shall consist of a warning affixed to the packaging, label, tag, or directly to each of the Covered Product sold or distributed in California by Great Eastern SUFOO that contains one of the following warning statements: 1) : WARNING: Consuming this product can expose you to lead chemicals, including Lead which is known to the State of California to cause birth defects or other reproductive harm. For more information information, go to ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇/▇▇▇▇; 2) ▇ OR WARNING: Reproductive ▇▇▇▇-Harm – ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇/▇▇▇▇ The Warning shall be securely affixed to or printed upon the label of each product, and it must be set off from other surrounding information and enclosed in a box. In addition, the same warning shall be posted on any website under the exclusive control of SUFOO, where the Covered Product is sold directly to consumers located in California. The warning requirements of this section shall be offset in a box with black outline. For internet purchases, satisfied if the forgoing warning must also be provided appears either (a) on the same web page on which Covered Product is displayed and/or described by including either the warning or providing a clearly marked hyperlink using the word “WARNING”; (b) on the same page as the price for the Covered Product, or (c) on one or more web pages displayed to a purchaser prior to purchase during the checkout process. The Warning shall be at least the same size as the largest of any other health or safety warnings also appearing on the website or on the label, and the word "WARNING" shall be in all capital letters and in bold print. No statements intended to or likely to have the effect of diminishing the impact of the Warning on the Product display pageaverage layperson shall accompany the Warning. Further, no statements may accompany the Warning that state or by otherwise prominently displaying the warning to the purchaser prior to completing the purchase. For Product that Great Eastern provides for a downstream entity to sell on the internet, Great Eastern shall include an instruction imply that the entity comply with source of the warning requirements listed chemical has an impact on or results in a less harmful effect of this sectionthe listed chemical. Where a consumer product sign, label or shelf tag used to provide a warning includes If the consumer information in language(s) other than Englishthe product is in a foreign language, the warning must also be provided in the other language(s) in addition to Englishforeign language. (i) Changes in Warning Regulations or Statutes In the event that the Office of Environmental Health Hazard Assessment promulgates one or more regulations requiring or permitting warning text and/or methods of transmission different than those set forth above, Great Eastern shall be entitled to use, at its discretion, such other warning text and/or method of transmission without being deemed in breach of this Agreement. If regulations or legislation are enacted or issued providing that a Proposition 65 warning for the Product is no longer required, a lack of warning will not thereafter be a breach of this Agreement.

Appears in 1 contract

Sources: Settlement Agreement

General Warning Requirements. Great Eastern SSI agrees that each warning shall be prominently placed with such conspicuousness, as 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 before purchase or use. Each warning shall be provided in a manner such that the consumer or user understands to which specific Product the warning applies, so as to minimize the risk of consumer confusion. For the purposes of this Settlement Agreement, a clear and reasonable warning for the Product shall consist of a warning affixed to the packaging, label, tag, or directly to each of the Product sold or distributed in California by Great Eastern SSI that contains one of the following statements: 1) WARNING: Consuming this product can expose you to lead which is known to the State of California to cause cancer and birth defects or other reproductive harm. For more information go to ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇/▇▇▇▇;; or 2) WARNING: Cancer and Reproductive ▇▇▇▇-▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇/▇▇▇▇. The warning shall be offset in a box with black outline. For internet purchases, the warning must also be provided by including either the warning or a clearly marked hyperlink using the word "WARNING" on the Product display page, or by otherwise prominently displaying the warning to the purchaser prior to completing the purchase. For Product that Great Eastern SSI provides for a downstream entity to sell on the internet, Great Eastern SSI shall include an instruction that the entity comply with the warning requirements of this section. Where a consumer product sign, label or shelf tag used to provide a warning includes consumer information in language(s) other than English, the warning must also be provided in the other language(s) in addition to English. (i) Changes in Warning Regulations or Statutes In the event that the Office of Environmental Health Hazard Assessment or another authorized agency promulgates one or more regulations requiring or permitting warning text and/or methods of transmission different than those set forth above, Great Eastern or legislation is enacted allowing such different warnings, SSI shall be entitled to use, at its discretion, such other warning text and/or method of transmission without being deemed in breach of this Agreement. If regulations or legislation are enacted or issued providing that a Proposition 65 warning for the Product is no longer required, a lack of warning will not thereafter be a breach of this Agreement.

Appears in 1 contract

Sources: Settlement Agreement

General Warning Requirements. Great Eastern ▇▇▇▇▇▇ agrees that each warning shall be prominently placed with such conspicuousness, as 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 before purchase or use. Each warning shall be provided in a manner such that the consumer or user understands to which specific Product the warning applies, applies so as to minimize the risk of consumer confusionconfusion to consumers. For the purposes of this Settlement Agreement, a clear and reasonable warning for the Product Products shall consist of a warning affixed to the packaging, label, tag, or directly to each of the Product Products sold or distributed in California by Great Eastern Gemini that contains one of the following warning statements: 1) WARNING: Consuming this product can expose you to lead which is known to the State of California to cause birth defects or other reproductive harm. For more information go to ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇/▇▇▇▇; 2) . OR WARNING: Reproductive ▇▇▇▇-Harm – ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇/▇▇▇▇ The Warning shall be securely affixed to or printed upon the label of each Product and it must be set off from other surrounding information and enclosed in a box. In addition, the same warning shall be posted on any website under the exclusive control of Gemini where the Covered Product is sold to consumers located in California. The warning requirements of this section shall be offset in satisfied if the forgoing warning appears either: (a) on the same web page on which a box with black outline. For internet purchases, the warning must also be provided Product is displayed and/or described by including either the warning or providing a clearly marked hyperlink using the word "WARNING" ”; (b) on the Product display pagesame page as the price for the Covered Product, or by otherwise prominently displaying the warning (c) on one or more web pages displayed to the a purchaser prior to completing purchase during the purchasecheckout process. For Product that Great Eastern provides for a downstream entity ▇▇▇▇▇▇ agrees to sell on inform third parties of the internet, Great Eastern shall include an instruction that the entity comply with the warning requirements of this section. Where a consumer product sign, label or shelf tag used need to provide a website warning includes consumer information in language(s) other than Englishas a condition of the sale of the product if the product is sold on third-party websites. However, the warning must also be provided in the other language(s) in addition ▇▇▇▇▇▇ does not assume any duty to Englishmonitor third-party websites. (i) Changes in Warning Regulations or Statutes In the event that the Office of Environmental Health Hazard Assessment promulgates one or more regulations requiring or permitting warning text and/or methods of transmission different than those set forth above, Great Eastern shall be entitled to use, at its discretion, such other warning text and/or method of transmission without being deemed in breach of this Agreement. If regulations or legislation are enacted or issued providing that a Proposition 65 warning for the Product is no longer required, a lack of warning will not thereafter be a breach of this Agreement.

Appears in 1 contract

Sources: Settlement Agreement

General Warning Requirements. Great Eastern Ancient Roots agrees that each warning shall be prominently placed with such conspicuousness, as 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 before purchase or use. Each warning shall be provided in a manner such that the consumer or user understands to which specific Product the warning applies, so as to minimize the risk of consumer confusion. For the purposes of this Settlement Agreement, a clear and reasonable warning for the Product shall consist of a warning affixed to the packaging, label, tag, or directly to each of the Product sold or distributed in California by Great Eastern Ancient Roots that contains one of the following statements: 1) WARNING: Consuming this product can expose you to lead which is known to the State of California to cause birth defects or other reproductive harm. For more information go to ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇/▇▇▇▇; 2) WARNING: Reproductive ▇▇▇▇-▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇/▇▇▇▇. The warning shall be offset in a box with black outline. For internet purchases, the warning must also be provided by including either the warning or a clearly marked hyperlink using the word "WARNING" on the Product display page, or by otherwise prominently displaying the warning to the purchaser prior to completing the purchase. For Product that Great Eastern Ancient Roots provides for a downstream entity to sell on the internet, Great Eastern Ancient Roots shall include an instruction that the entity comply with the warning requirements of this section. Where a consumer product sign, label or shelf tag used to provide a warning includes consumer information in language(s) other than English, the warning must also be provided in the other language(s) in addition to English. (i) Changes in Warning Regulations or Statutes In the event that the Office of Environmental Health Hazard Assessment promulgates one or more regulations requiring or permitting warning text and/or methods of transmission different than those set forth above, Great Eastern Ancient Roots shall be entitled to use, at its discretion, such other warning text and/or method of transmission without being deemed in breach of this Agreement. If regulations or legislation are enacted or issued providing that a Proposition 65 warning for the Product is no longer required, a lack of warning will not thereafter be a breach of this Agreement.

Appears in 1 contract

Sources: Settlement Agreement

General Warning Requirements. Great Eastern agrees that each warning shall be prominently placed with such conspicuousness, as 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 before purchase or use. Each warning shall be provided in a manner such that the consumer or user understands to which specific Product the warning applies, so as to minimize the risk of consumer confusion. For the purposes of this Settlement Agreement, a clear and reasonable warning for the Product Covered Products shall consist of a warning affixed to the packaging, label, tag, or directly to each of the Product Covered Products sold or distributed in California by Great Eastern DONGWON that contains one of the following warning statements: 1) : WARNING: Consuming this product can expose you to lead chemicals, including Lead which is known to the State of California to cause birth defects or other reproductive harm. For more information information, go to ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇/▇▇▇▇; 2) . OR WARNING: Reproductive ▇▇▇▇-Harm – ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇/▇▇▇▇. The Warning shall be securely affixed to or printed upon the label of each product, and it must be set off from other surrounding information and enclosed in a box. In addition, the same warning shall be offset posted on any website under the exclusive control of DONGWON, where the Covered Products are sold directly to consumers located in a box with black outlineCalifornia. For internet purchases, The warning requirements of this Section shall be satisfied if the forgoing warning must also be provided appears either (a) on the same web page on which Covered Products are displayed and/or described by including either the warning or providing a clearly marked hyperlink using the word "WARNING" ”; (b) on the Product display pagesame page as the price for the Covered Products, or by otherwise prominently displaying the warning (c) on one or more web pages displayed to the a purchaser prior to completing purchase during the purchasecheckout process. For Product that Great Eastern provides for a downstream entity to sell The Warning shall be at least the same size as the largest of any other health or safety warnings also appearing on the internetwebsite or on the label, Great Eastern and the word “WARNING” shall include an instruction be in all capital letters and in bold print. No statements intended to or likely to have the effect of diminishing the impact of the Warning on the average layperson shall accompany the Warning. Further, no statements may accompany the Warning that state or imply that the entity comply with source of the warning requirements listed chemical has an impact on or results in a less harmful effect of this sectionthe listed chemical. Where a consumer product sign, label or shelf tag used to provide a warning includes If the consumer information in language(s) other than Englishthe product is in a foreign language, the warning must also be provided in the other language(s) in addition to Englishforeign language. (i) Changes in Warning Regulations or Statutes In the event that the Office of Environmental Health Hazard Assessment promulgates one or more regulations requiring or permitting warning text and/or methods of transmission different than those set forth above, Great Eastern shall be entitled to use, at its discretion, such other warning text and/or method of transmission without being deemed in breach of this Agreement. If regulations or legislation are enacted or issued providing that a Proposition 65 warning for the Product is no longer required, a lack of warning will not thereafter be a breach of this Agreement.

Appears in 1 contract

Sources: Settlement Agreement

General Warning Requirements. Great Eastern SPROUT agrees that each warning required under section 2.1 (if any) shall be prominently placed with such conspicuousness, as 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 before purchase or use. Each warning shall be provided in a manner such that the consumer or user understands to which specific Product product the warning applies, applies so as to minimize the risk of consumer confusionconfusion to consumers. For the purposes of this Settlement Agreement, a clear and reasonable warning for the Covered Product shall consist of a warning affixed to the packaging, label, tag, or directly to each of the Covered Product sold or distributed in California by Great Eastern SPROUT that contains one of the following warning statements: 1) WARNING: Consuming this product can expose you to lead which is known to the State of California to cause birth defects or other reproductive harm. For more information go to ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇/▇▇▇▇; 2) . OR WARNING: Reproductive ▇▇▇▇-Harm – ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇/▇▇▇▇ The Warning shall be securely affixed to or printed upon the label of each product and it must be set off from other surrounding information and enclosed in a box. In addition, the same warning shall be posted on any website under the exclusive control of SPROUT, where the Covered Product is sold to consumers located in California. The warning requirements of this section shall be offset in satisfied if the forgoing warning appears either: (a) on the same web page on which a box with black outline. For internet purchases, the warning must also be provided Covered Product is displayed and/or described by including either the warning or providing a clearly marked hyperlink using the word "WARNING" ”; (b) on the Product display pagesame page as the price for the Covered Product, or by otherwise prominently displaying the warning (c) on one or more web pages displayed to the a purchaser prior to completing purchase during the purchasecheckout process. For Product that Great Eastern provides for a downstream entity ▇▇▇▇▇▇ agrees to sell on inform third parties of the internet, Great Eastern shall include an instruction that the entity comply with the warning requirements of this section. Where a consumer product sign, label or shelf tag used need to provide a website warning includes consumer information in language(s) other than Englishas a condition of the sale of the product if the product is sold on third-party websites. However, the warning must also be provided in the other language(s) in addition SPROUT does not assume any duty to Englishmonitor third-party websites. (i) Changes in Warning Regulations or Statutes In the event that the Office of Environmental Health Hazard Assessment promulgates one or more regulations requiring or permitting warning text and/or methods of transmission different than those set forth above, Great Eastern shall be entitled to use, at its discretion, such other warning text and/or method of transmission without being deemed in breach of this Agreement. If regulations or legislation are enacted or issued providing that a Proposition 65 warning for the Product is no longer required, a lack of warning will not thereafter be a breach of this Agreement.

Appears in 1 contract

Sources: Settlement Agreement