Injunctive Relief Warnings or Reformulation Clause Samples

The "Injunctive Relief: Warnings or Reformulation" clause allows a party to seek a court order requiring the other party to provide warnings or change (reformulate) a product if it is found to be non-compliant with certain legal or regulatory standards, such as those related to consumer safety or labeling. In practice, this means that if a product is alleged to pose a risk or violate regulations, the affected party can request immediate judicial intervention to mandate corrective actions, rather than waiting for a full trial or relying solely on monetary damages. This clause is essential for quickly addressing potential harm to consumers or the public, ensuring that products are brought into compliance and risks are mitigated without unnecessary delay.
Injunctive Relief Warnings or Reformulation. 2.1 Injunctive Relief (a) require its third-party sellers of the Products to list for sale only Reformulated Products; (b) require its third-party sellers of Products sold on ▇▇▇▇.▇▇▇ to provide clear and reasonable Proposition 65 warnings for the Products as set forth in subsection 2.3, below and/or Etsy will ensure the Product listings for sale on ▇▇▇▇.▇▇▇ display clear and reasonable Proposition 65 warnings; or (c) delist the Products offered for sale from ▇▇▇▇.▇▇▇ as set forth in subsection 2.4. The Parties understand and agree that some Product listings may appear on ▇▇▇▇.▇▇▇ that contain no warning, but are not available for sale to California consumers (sales cannot be completed) and that this complies with this subsection 2.1(c). Nothing in this paragraph, or anything else in this Settlement Agreement, requires Etsy or its sellers to place warnings on, remove, or take other compliance measures with respect to Products or listings that are not covered by Proposition 65.
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Injunctive Relief Warnings or Reformulation. 2.1 Commencing on the Compliance Date, and continuing thereafter, GFV agrees to “Distribute into the State of California” or directly sell in the State of California Covered Product resulting in exposures of less than 0.5 micrograms of lead per day, or alternatively comply with 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 or to sell a Covered Product to a distributor, retailer, or other business entity that GFV 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 is already in the stream of commerce—including but not limited to the possession and control of distributors and retailers—as of the Compliance Date, and all claims as to such Covered Product are released in this Settlement Agreement.
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Injunctive Relief Warnings or Reformulation. 2.1 Injunctive Relief 2.2 Reformulation Standards A “Reformulated Product” (a) contains lead in concentrations that do not exceed 90 parts per million, equivalent to 0.009%, in any exterior parts analyzed pursuant to U.S. Environmental Protection Agency (EPA) methodologies 3050B and 6010B, or (b) yields a result of no more than 1.0 micrograms of lead when sampled according to NIOSH 9100 protocol and analyzed according to EPA 6010B. In addition to the above tests, Etsy may use equivalent methods utilized by any California or federal agency to determine lead content in a solid substance. 2.3 Clear and Reasonable Warnings (Products Sold Online) 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 of purchase or use.
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Injunctive Relief Warnings or Reformulation 
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Related to Injunctive Relief Warnings or 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.

  • Injunctive Relief for Breach Consultant’s obligations under this Agreement are of a unique character that gives them particular value; breach of any of such obligations will result in irreparable and continuing damage to Client for which there will be no adequate remedy at law; and, in the event of such breach, Client will be entitled to injunctive relief and/or a decree for specific performance, and such other and further relief as may be proper (including monetary damages if appropriate).

  • 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.