60 Day Notice 2015-00559

Within forty-five (45) days after the Effective Date, Defendants shall not sell, offer for sale in California, or ship for sale in California any Covered Products unless the Defendants provide a Proposition 65 compliant warning for the Covered Products as set forth below. Any warning provided pursuant to this section shall be affixed to the packaging of, or directly on, the Covered Products, and 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. The Parties agree that the following warning language shall constitute compliance with Proposition 65 with respect to the alleged Listed Chemicals in the Covered Products distributed and/or sold by the Defendants 45 days after the Effective Date:WARNING: This product contains chemicals known to the State of California to cause cancer and birth defects or other reproductive harm. For any Covered Products still existing in ROXY’s inventory as of the Effective Date, ROXY shall place a Proposition 65 compliant warning on them. Any warning provided pursuant to this section shall be affixed to the packaging of, or directly on, the Covered Products, and 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. The Parties agree that the following warning language shall constitute compliance with Proposition 65 with respect to the alleged Listed Chemicals in the Covered Products existing in ROXY’s inventory as of the Effective Date: WARNING: This product contains chemicals known to the State of California to cause cancer and birth defects or other reproductive harm.