INJUNCTIVE RELIEF: WARNINGS AND REFORMULATION Sample Clauses

INJUNCTIVE RELIEF: WARNINGS AND REFORMULATION. As of the Effective Date, HONG SAR shall not “distribute into the State of California” or directly sell in the State of California any Covered Products that expose a person to more than 0.5 micrograms of lead per day based on the recommended serving size on the Covered Product’s label unless the Covered Product bears a warning meeting the warning requirements under Sections 2.1 & 2.2. For the purpose of this Settlement Agreement, exposure level shall be measured in micrograms and shall be calculated using the following formula: micrograms of 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 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 Products’ 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 Products to a distributor that HONG SAR knows will sell the Covered Products in California. The term “distribute into the State of California” does not encompass unauthorized sales of the Covered Product by third parties. //
View SourceView Similar (18)
INJUNCTIVE RELIEF: WARNINGS AND REFORMULATION. 2.1 Beginning one-hundred and twenty (120) days after the Effective Date (the “Compliance Date”), Mindful shall be permanently enjoined from manufacturing for sale in the State of California, "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, 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 Mindful 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 Mindful or its co-packer 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 Lead Exposure Level" shall be measured in micrograms, and shall be calculated using the following formula: micrograms of 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 lead exposure per day. If the label contains no recommended daily servings, then the number of recommended daily servings shall be one.
View SourceView Similar (8)
INJUNCTIVE RELIEF: WARNINGS AND REFORMULATION. As of the Effective Date, POP shall not “distribute into the State of California,” or directly sell in the State of California, any Covered Products that expose a person to more than 0.5 micrograms of lead per day based on the recommended serving size on the Covered Products’ label, unless the Covered Products bears a warning meeting the warning requirements under Section 2.1 & 2.2. For the purpose of this Settlement Agreement, exposure level shall be measured in micrograms and shall be calculated using the following formula: micrograms of 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 lead exposure per day. As used in this Settlement Agreement and Release, the term “Distribute into the State of California” shall mean to directly ship a Covered Products into California for sale in California or to sell a Covered Products to a distributor that POP knows will sell the Covered Products in California.
View SourceView Similar (6)
INJUNCTIVE RELIEF: WARNINGS AND REFORMULATION. 2.1 Beginning thirty (30) days from the Effective Date, Bedrock shall be permanently enjoined from manufacturing for sale in the State of California, "Distributing into the State of California," or directly selling in the State of California, any Covered Product that expose a person to a "Daily Lead Exposure Level" of more than 0.5 micrograms of lead per 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 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, and is no longer under the control of Bedrock prior to the 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 Lead Exposure Level" shall be measured in micrograms, and shall be calculated using the following formula: micrograms of lead per gram of product, multiplied by grams of product per serving of the product (using the largest serving size appearing on the product label), multiplied by servings of the product per day (using the largest number of recommended daily servings appearing on the label), which equals micrograms of lead exposure per day. If the label contains no recommended daily servings, then the number of recommended daily servings shall be one.
View SourceView Similar (6)
INJUNCTIVE RELIEF: WARNINGS AND REFORMULATION. Beginning on the Effective Date, Birch Benders shall be permanently enjoined from manufacturing for sale in the State of California, "Distributing into the State of California," or directly selling in the State of California, any Covered Product that expose a person to an exposure level of more than 0.5 micrograms of lead per 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 Birch Benders 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 Birch Benders prior to the Effective Date and all claims as to such Covered Product is released in this Settlement Agreement.
View Source
INJUNCTIVE RELIEF: WARNINGS AND REFORMULATION. 2.1 Beginning on the Compliance Date, if any Covered Product exposes a person to a Daily Lead Exposure Level of more than 0.5 micrograms of lead per day, Trader ▇▇▇’s shall either (1) not "Distribute into the State of California," or directly sell in the State of California, any Covered Product or (2) only “Distribute into the State of California,” or directly sell in the State of California any Covered Product that meets the warning requirements under Section 2.2. As used in this Settlement Agreement, the term "Distribute into the State of California" shall mean to directly ship a Covered Product into California for sale in California.
View Source
INJUNCTIVE RELIEF: WARNINGS AND REFORMULATION 
View SourceView Similar (8)
INJUNCTIVE RELIEF: WARNINGS AND REFORMULATION 
View SourceView Similar (8)

Related to INJUNCTIVE RELIEF: WARNINGS AND REFORMULATION

  • Injunctive Relief Warnings 2.1 Commencing one hundred eighty (180) days after the Execution Date, Quinoa shall not sell, offer for sale, ship for sale or otherwise distribute or allow to be distributed in California any Covered Products, unless the sales and distribution of the Covered Products are in full compliance with California Code of Regulations, Title 27, Article 6, Clear and Reasonable Warning Requirements § 25601-25603 (see also: “▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇.”). Covered Products that were manufactured, packed, or labeled prior to the Execution Date and up to 180 days after the Execution Date shall be permitted to be sold as previously manufactured, packed or labeled. As used in this Settlement Agreement, the term "distributing in 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 Quinoa knows or has reason to know will sell the Covered Product in California.

  • Injunctive Relief; Punitive Damages (a) The Borrower recognizes that, in the event the Borrower fails to perform, observe or discharge any of its obligations or liabilities under this Agreement, any remedy of law may prove to be inadequate relief to the Lenders. Therefore, the Borrower agrees that the Lenders, at the Lenders’ option, shall be entitled to temporary and permanent injunctive relief in any such case without the necessity of proving actual damages. (b) The Administrative Agent, the Lenders and the Borrower (on behalf of itself and the other Credit Parties) hereby agree that no such Person shall have a remedy of punitive or exemplary damages against any other party to a Loan Document and each such Person hereby waives any right or claim to punitive or exemplary damages that they may now have or may arise in the future in connection with any Dispute, whether such Dispute is resolved through arbitration or judicially.

  • Injunctive Relief The Borrower recognizes that, in the event the Borrower fails to perform, observe or discharge any of its obligations or liabilities under this Agreement, any remedy of law may prove to be inadequate relief to the Lenders. Therefore, the Borrower agrees that the Lenders, at the Lenders’ option, shall be entitled to temporary and permanent injunctive relief in any such case without the necessity of proving actual damages.

  • Specific Performance and Injunctive Relief Notwithstanding the availability of legal remedies, Mortgagee will be entitled to obtain specific performance, mandatory or prohibitory injunctive relief, or other equitable relief requiring Mortgagor to cure or refrain from repeating any Default.

  • Injunctive Relief and Additional Remedy The Executive acknowledges that the injury that would be suffered by the Employer as a result of a breach of the provisions of this Agreement (including any provision of Sections 7 and 8) would be irreparable and that an award of monetary damages to the Employer for such a breach would be an inadequate remedy. Consequently, the Employer will have the right, in addition to any other rights it may have, to obtain injunctive relief to restrain any breach or threatened breach or otherwise to specifically enforce any provision of this Agreement, and the Employer will not be obligated to post bond or other security in seeking such relief. Without limiting the Employer's rights under this Section 9 or any other remedies of the Employer, if the Executive breaches any of the provisions of Section 7 or 8, the Employer will have the right to cease making any payments otherwise due to the Executive under this Agreement.