Common use of Public Benefit Clause in Contracts

Public Benefit. It is ▇▇▇▇’▇’ understanding that the commitments it has agreed to herein, and actions to be taken by ▇▇▇▇’▇ under this Settlement Agreement, would confer a significant benefit to the general public, as set forth in Code of Civil Procedure § 1021.5 and Cal. Admin. Code tit. 11, § 3201. As such, it is the intent of ▇▇▇▇’▇ that to the extent any other private party initiates an action alleging a violation of Proposition 65 with respect to Macy’s failure to provide a warning concerning exposure to DINP prior to use of the Products it has manufactured, distributed, sold, or offered for sale in California, or will manufacture, distribute, sell, or offer for sale in California, such private party action would not confer a significant benefit on the general public as to those Products addressed in this Settlement Agreement, provided that Macy’s is in material compliance with this Settlement Agreement.

Public Benefit. It is ▇▇▇▇’▇’ ▇▇▇▇▇’s understanding that the commitments it has agreed to herein, and actions to be taken by ▇▇▇▇’▇ Petengreat under this Settlement Agreement, would confer a significant benefit to the general public, as set forth in Code of Civil Procedure § 1021.5 and Cal. Admin. Code tit. 11, § 3201. As such, it is the intent of ▇▇▇▇’▇ Petengreat that to the extent any other private party initiates an action alleging a violation of Proposition 65 with respect to Macy’s Petengreat failure to provide a warning concerning exposure to DINP DEHP prior to use of the Products it has manufactured, distributed, sold, or offered for sale in California, or will manufacture, distribute, sell, or offer for sale in California, such private party action would not confer a significant benefit on the general public as to those Products addressed in this Settlement Agreement, provided that Macy’s Petengreat is in material compliance with this Settlement Agreement.

Public Benefit. It is ▇▇▇▇’▇Regular Visitors’ understanding that the commitments it has agreed to herein, and actions to be taken by ▇▇▇▇’▇ Regular Visitors under this Settlement Agreement, would confer a significant benefit to the general public, as set forth in Code of Civil Procedure § 1021.5 and Cal. Admin. Code tit. 11, § 3201. As such, it is the intent of ▇▇▇▇’▇ Regular Visitors that to the extent any other private party initiates an action alleging a violation of Proposition 65 with respect to Macy’s Regular Visitors failure to provide a warning concerning exposure to DINP prior to use of the Products it has manufactured, distributed, sold, or offered for sale in California, or will manufacture, distribute, sell, or offer for sale in California, such private party action would not confer a significant benefit on the general public as to those Products addressed in this Settlement Agreement, provided that Macy’s Regular Visitors is in material compliance with this Settlement Agreement.

Public Benefit. It is ▇▇▇▇’▇▇ ▇▇▇▇▇’ understanding that the commitments it has agreed to herein, and actions to be taken by ▇▇▇▇’▇▇ ▇▇▇▇▇ under this Settlement Agreement, would confer a significant benefit to the general public, as set forth in Code of Civil Procedure § 1021.5 and Cal. Admin. Code tit. 11, § 3201. As such, it is the intent of ▇▇▇▇’▇▇ ▇▇▇▇▇ that to the extent any other private party initiates an action alleging a violation of Proposition 65 with respect to Macy’s ▇▇▇▇▇▇ ▇▇▇▇▇ failure to provide a warning concerning exposure to DINP DEHP prior to use of the Products it has manufactured, distributed, sold, or offered for sale in California, or will manufacture, distribute, sell, or offer for sale in California, such private party action would not confer a significant benefit on the general public as to those Products addressed in this Settlement Agreement, provided that Macy’s ▇▇▇▇▇▇ ▇▇▇▇▇ is in material compliance with this Settlement Agreement.

Public Benefit. It is Floor and ▇▇▇▇’▇’ ’s understanding that the commitments it has agreed to herein, and actions to be taken by ▇▇▇▇’▇ Floor and Décor under this Settlement Agreement, would confer a significant benefit to the general public, as set forth in Code of Civil Procedure § 1021.5 and Cal. Admin. Code tit. 11, § 3201. As such, it is the intent of ▇▇▇▇’▇ Floor and Décor that to the extent any other private party initiates an action alleging a violation of Proposition 65 with respect to Macy’s Floor and Décor failure to provide a warning concerning exposure to DINP DEHP prior to use of the Products it has manufactured, distributed, sold, or offered for sale in California, or will manufacture, distribute, sell, or offer for sale in California, such private party action would not confer a significant benefit on the general public as to those Products addressed in this Settlement Agreement, provided that Macy’s Floor and Décor is in material compliance with this Settlement Agreement.

Public Benefit. It is ▇▇▇▇’▇’ ▇▇▇▇▇’s understanding that the commitments it has agreed to herein, and actions to be taken by ▇▇▇▇’▇ Apothekary under this Settlement Agreement, would confer a significant benefit to the general public, as set forth in Code of Civil Procedure § 1021.5 and Cal. Admin. Code tit. 11, § 3201. As such, it is the intent of ▇▇▇▇’▇ Apothekary that to the extent any other private party initiates an action alleging a violation of Proposition 65 with respect to MacyApothekary’s alleged failure to provide a warning concerning exposure to DINP lead prior to use of the Products it has manufactured, distributed, sold, or offered for sale in California, or will manufacture, distribute, sell, or offer for sale in California, such private party action would not confer a significant benefit on the general public as to those Products addressed in this Settlement Agreement, provided that Macy’s Apothekary is in material compliance with this Settlement Agreement.

Public Benefit. It is ▇▇▇▇’▇’ American Exchange Time’s understanding that the commitments it has agreed to herein, and actions to be taken by ▇▇▇▇’▇ American Exchange Time under this Settlement Agreement, would confer a significant benefit to the general public, as set forth in Code of Civil Procedure § 1021.5 and Cal. Admin. Code tit. 11, § 3201. As such, it is the intent of ▇▇▇▇’▇ American Exchange Time that to the extent any other private party initiates an action alleging a violation of Proposition 65 with respect to MacyAmerican Exchange Time’s failure to provide a warning concerning exposure to DINP DEHP prior to use of the Products it has manufactured, distributed, sold, or offered for sale in California, or will manufacture, distribute, sell, or offer for sale in California, such private party action would not confer a significant benefit on the general public as to those Products addressed in this Settlement Agreement, provided that Macy’s American Exchange Time is in material compliance with this Settlement Agreement.

Public Benefit. It is ▇▇▇▇▇▇’▇’ ▇ understanding that the commitments it has agreed to herein, and actions to be taken by ▇▇▇▇▇▇’▇ under this Settlement Agreement, would confer a significant benefit to the general public, as set forth in Code of Civil Procedure § 1021.5 and Cal. Admin. Code tit. 11, § 3201. As such, it is the intent of ▇▇▇▇▇▇’▇ that to the extent any other private party initiates an action alleging a violation of Proposition 65 with respect to Macy’s ▇▇▇▇▇▇’▇ failure to provide a warning concerning exposure to DEHP and/or DINP prior to use of the Products it has manufactured, distributed, sold, or offered for sale in California, or will manufacture, distribute, sell, or offer for sale in California, such private party action would not confer a significant benefit on the general public as to those Products addressed in this Settlement Agreement, provided that Macy’s ▇▇▇▇▇▇’▇ is in material compliance with this Settlement Agreement.

Public Benefit. It is ▇▇▇▇’▇▇ ▇▇▇▇▇▇▇’ understanding that the commitments it has agreed to herein, and actions to be taken by ▇▇▇▇’▇▇ ▇▇▇▇▇▇▇ under this Settlement Agreement, would confer a significant benefit to the general public, as set forth in Code of Civil Procedure § 1021.5 and Cal. Admin. Code tit. 11, § 3201. As such, it is the intent of ▇▇▇▇’▇▇ ▇▇▇▇▇▇▇ that to the extent any other private party initiates an action alleging a violation of Proposition 65 with respect to Macy’s ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ failure to provide a warning concerning exposure to DINP DEHP prior to use of the Products it has manufactured, distributed, sold, or offered for sale in California, or will manufacture, distribute, sell, or offer for sale in California, such private party action would not confer a significant benefit on the general public as to those Products addressed in this Settlement Agreement, provided that Macy’s ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ is in material compliance with this Settlement Agreement.

Public Benefit. It is ▇▇▇▇’▇’ ▇▇▇▇▇’s understanding that the commitments it has agreed to herein, and actions to be taken by ▇▇▇▇’▇ Lunkerhunt under this Settlement Agreement, would confer a significant benefit to the general public, as set forth in Code of Civil Procedure § 1021.5 and Cal. Admin. Code tit. 11, § 3201. As such, it is the intent of ▇▇▇▇’▇ Lunkerhunt that to the extent any other private party initiates an action alleging a violation of Proposition 65 with respect to Macy’s Lunkerhunt failure to provide a warning concerning exposure to DINP DEHP prior to use of the Products it has manufactured, distributed, sold, or offered for sale in California, or will manufacture, distribute, sell, or offer for sale in California, such private party action would not confer a significant benefit on the general public as to those Products addressed in this Settlement Agreement, provided that Macy’s Lunkerhunt is in material compliance with this Settlement Agreement.

Public Benefit. It is ▇▇▇▇’▇’ j/fit’s understanding that the commitments it has agreed to herein, and actions to be taken by ▇▇▇▇’▇ j/fit under this Settlement Agreement, would confer a significant benefit to the general public, as set forth in Code of Civil Procedure § 1021.5 and Cal. Admin. Code tit. 11, § 3201. As such, it is the intent of ▇▇▇▇’▇ j/fit that to the extent any other private party initiates an action alleging a violation of Proposition 65 with respect to Macy’s j/fit failure to provide a warning concerning exposure to DINP DEHP prior to use of the Products it has manufactured, distributed, sold, or offered for sale in California, or will manufacture, distribute, sell, or offer for sale in California, such private party action would not confer a significant benefit on the general public as to those Products addressed in this Settlement Agreement, provided that Macy’s j/fit is in material compliance with this Settlement Agreement.

Public Benefit. It is ▇▇▇▇’▇’ Reaction Retail’s understanding that the commitments it has agreed to herein, and actions to be taken by ▇▇▇▇’▇ Reaction Retail under this Settlement Agreement, would confer a significant benefit to the general public, as set forth in Code of Civil Procedure § 1021.5 and Cal. Admin. Code tit. 11, § 3201. As such, it is the intent of ▇▇▇▇’▇ Reaction Retail that to the extent any other private party initiates an action alleging a violation of Proposition 65 with respect to MacyReaction Retail’s failure to provide a warning concerning exposure to DINP DEHP prior to use of the Products it has manufactured, distributed, sold, or offered for sale in California, or will manufacture, distribute, sell, or offer for sale in California, such private party action would not confer a significant benefit on the general public as to those Products addressed in this Settlement Agreement, provided that Macy’s Reaction Retail is in material compliance with this Settlement Agreement.

Public Benefit. It is ▇▇▇▇’▇’ ▇ ▇▇▇▇▇▇’s understanding that the commitments it has agreed to herein, and actions to be taken by ▇▇▇▇’▇▇ ▇▇▇▇▇▇ under this Settlement Agreement, would confer a significant benefit to the general public, as set forth in Code of Civil Procedure § 1021.5 and Cal. Admin. Code tit. 11, § 3201. As such, it is the intent of ▇▇▇▇’▇▇ ▇▇▇▇▇▇ that to the extent any other private party initiates an action alleging a violation of Proposition 65 with respect to Macy’s ▇▇▇▇▇▇ ▇▇▇▇▇▇ failure to provide a warning concerning exposure to DINP DEHP prior to use of the Products it has manufactured, distributed, sold, or offered for sale in California, or will manufacture, distribute, sell, or offer for sale in California, such private party action would not confer a significant benefit on the general public as to those Products addressed in this Settlement Agreement, provided that Macy’s ▇▇▇▇▇▇ ▇▇▇▇▇▇ is in material compliance with this Settlement Agreement.

Public Benefit. It is ▇▇▇▇’▇ByTech’ understanding that the commitments it has agreed to herein, and actions to be taken by ▇▇▇▇’▇ ByTech under this Settlement Agreement, would confer a significant benefit to the general public, as set forth in Code of Civil Procedure § 1021.5 and Cal. Admin. Code tit. 11, § 3201. As such, it is the intent of ▇▇▇▇’▇ ByTech that to the extent any other private party initiates an action alleging a violation of Proposition 65 with respect to Macy’s ByTech failure to provide a warning concerning exposure to DINP BPA prior to use of the Products it has manufactured, distributed, sold, or offered for sale in California, or will manufacture, distribute, sell, or offer for sale in California, such private party action would not confer a significant benefit on the general public as to those Products addressed in this Settlement Agreement, provided that Macy’s ByTech is in material compliance with this Settlement Agreement.

Public Benefit. It is ▇▇▇▇’▇the Parties’ understanding that the commitments it has agreed to herein, and actions to be taken by ▇▇▇▇’▇ Consumer Value under this Settlement Agreement, would confer a significant benefit to the general public, as set forth in Code of Civil Procedure § 1021.5 and Cal. Admin. Code tit. 11, § 3201. As such, it is the Parties’ intent of ▇▇▇▇’▇ that to the extent any other private party initiates an action alleging a violation of Proposition 65 with respect to MacyConsumer Value’s alleged failure to provide a warning concerning exposure to DINP chromium (VI) prior to use of the Products it has manufactured, distributed, sold, or offered for sale in California, or will manufacture, distribute, sell, or offer for sale in California, such private party action would not confer a significant benefit on the general public as to those Products addressed in this Settlement Agreement, provided that Macy’s Consumer Value is in material compliance with this Settlement Agreement.

Public Benefit. It is ▇▇▇▇’▇’ Simplicity’s understanding that the commitments it has agreed to herein, and actions to be taken by ▇▇▇▇’▇ Simplicity under this Settlement Agreement, would confer a significant benefit to the general public, as set forth in Code of Civil Procedure § 1021.5 and Cal. Admin. Code tit. 11, § 3201. As such, it is the intent of ▇▇▇▇’▇ Simplicity that to the extent any other private party initiates an action alleging a violation of Proposition 65 with respect to MacySimplicity’s failure to provide a warning concerning exposure to DINP DEHP prior to use of the Products it has manufactured, distributed, sold, or offered for sale in California, or will manufacture, distribute, sell, or offer for sale in California, such private party action would not confer a significant benefit on the general public as to those Products addressed in this Settlement Agreement, provided that Macy’s Simplicity is in material compliance with this Settlement Agreement.

Public Benefit. It is ▇▇▇▇’▇’ Grocery Outlet’s understanding that the commitments it has agreed to herein, and actions to be taken by ▇▇▇▇’▇ Grocery Outlet under this Settlement Agreement, would confer a significant benefit to the general public, as set forth in Code of Civil Procedure § 1021.5 and Cal. Admin. Code tit. 11, § 3201. As such, it is the intent of ▇▇▇▇’▇ Grocery Outlet that to the extent any other private party initiates an action alleging a violation of Proposition 65 with respect to MacyGrocery Outlet’s failure to provide a warning concerning exposure to DINP lead prior to use of the Products it has manufactured, distributed, sold, or offered for sale in California, or will manufacture, distribute, sell, or offer for sale in California, such private party action would not confer a significant benefit on the general public as to those Products addressed in this Settlement Agreement, provided that Macy’s Grocery Outlet is in material compliance with this Settlement Agreement.

Public Benefit. It is ▇▇▇▇’▇’ Reaction Retail’s understanding that the commitments it has agreed to herein, and actions to be taken by ▇▇▇▇’▇ Reaction Retail under this Settlement Agreement, would confer a significant benefit to the general public, as set forth in Code of Civil Procedure § 1021.5 and Cal. Admin. Code tit. 11, § 3201. As such, it is the intent of ▇▇▇▇’▇ Reaction Retail that to the extent any other private party initiates an action alleging a violation of Proposition 65 with respect to MacyReaction Retail’s failure to provide a warning concerning exposure to DINP prior to use of the Products it has manufactured, distributed, sold, or offered for sale in California, or will manufacture, distribute, sell, or offer for sale in California, such private party action would not confer a significant benefit on the general public as to those Products addressed in this Settlement Agreement, provided that Macy’s Reaction Retail is in material compliance with this Settlement Agreement.