Common use of Non-Monetary Relief Clause in Contracts

Non-Monetary Relief. 21 3.1 Formulation Commitment 22 Formation represents that the Covered Products distributed in California were a limited time, 23 exclusive arrangement with BevMo and that they only caused to be manufactured a very limited 24 amount of such Covered Products. After December 31, 2016 if Formation manufactures, causes to 25 be manufactured on its behalf, distributes or causes to be distributed on its behalf, or sells any 26 Covered Product in California, all such products shall be Lead Free. After December 31, 2016, 27 Formation shall no longer retain the option to manufacture, distribute or sell Covered Products in 28 California with a warning. 1 3.1.1 At any time after the Effective Date that Formation contracts with an existing or new 2 vendor of Covered Product 1 or Covered Product 2, Formation shall provide such vendor with the 3 Lead Free concentration standards of Section 2.4 and instruct its vendors not to incorporate any raw 4 or component materials into such Covered Products, especially brass materials, that do not meet the 5 Lead Free concentration standards of Section 2.4. 6 3.1.2 To the extent Covered Product 1 and Covered Product 2 are subject to Section 3.1.1 7 above, Formation shall maintain copies of all testing of such products it conducts or obtains 8 demonstrating compliance with this Section 3, shall maintain copies of material vendor 9 correspondence relating to the Lead Free standards and shall produce such copies to Davia within 10 fifteen (15) days of receipt of written request from Davia. Davia shall not be entitled to request this 11 information more than once in 2016 and once annually thereafter, absent good cause shown.

Non-Monetary Relief. 21 3.1 Formulation Commitment 22 Formation represents that the Covered Products distributed in California were a limited time, 23 exclusive arrangement with BevMo and that they only caused to be manufactured a very limited 24 amount of such Covered Products. After December 31, 2016 if Formation manufactures, causes to 25 be manufactured on its behalf, distributes or causes to be distributed on its behalf, or sells any 26 Covered Product in California, all such products shall be Lead Free. After December 31, 2016, 27 Formation shall no longer retain the option to manufacture, distribute or sell Covered Products in 28 California with a warning. 1 3.1.1 At any time after the Effective Date that Formation contracts with an existing or new 2 vendor of Covered Product 1 or Covered Product 2, Formation shall provide such vendor with the 3 Lead Free concentration standards of Section 2.4 and instruct its vendors not to incorporate any raw 4 or component materials into such Covered Products, especially brass materials, that do not meet the 5 Lead Free concentration standards of Section 2.4. 6 3.1.2 To the extent Covered Product 1 and Covered Product 2 are subject to Section 3.1.1 7 above, Formation shall maintain copies of all testing of such products it conducts or obtains 8 demonstrating compliance with this Section 3, shall maintain copies of material vendor 9 correspondence relating to the Lead Free standards and shall produce such copies to Davia within 10 fifteen (15) days of receipt of written request from Davia▇▇▇▇▇. Davia shall not be entitled to request this 11 information more than once in 2016 and once annually thereafter, absent good cause shown.