Prop 65 Notice

PROPOSITION 65 WARNING NOTICE

To: Notified Party Name:    Address:    Date of Notice: 

From: Notice Issuer Name:    Issuer Address:    Contact Phone: 

RECITALS

WHEREAS, the Notice Issuer manufactures, distributes or supplies the Product described below and has determined that the Product, as sold or distributed, contains or may expose persons to one or more chemicals listed under California's Safe Drinking Water and Toxic Enforcement Act commonly referred to as Proposition 65; and

WHEREAS, the Notice Issuer provides this written warning to the Notified Party in accordance with the statutory notice requirements prior to the institution of any civil enforcement action relating to exposure to such chemical(s); and

WHEREAS, the Notice Issuer intends to preserve all rights and remedies associated with providing notice while describing applicable exposure, product and factual bases supporting the claimed presence of listed chemical(s).

NOW, THEREFORE, the Notice Issuer provides the following written notice:

1. IDENTIFICATION OF PRODUCT AND CHEMICALS

Product name, model, SKU or description:

Known or suspected Proposition 65 chemical(s) present in the Product (list each chemical and, if known, the CAS number or other identifying information):

2. NATURE, PLACE AND DURATION OF EXPOSURE

Route(s) of exposure alleged (check all that apply):

Approximate date(s) and location(s) of exposure:

Exposure start date:    Exposure end date (if applicable): 

Place(s) of exposure (retail location, facility, geographic area):

3. FACTUAL AND SCIENTIFIC BASIS

Basis for belief that the Product contains or may expose to the listed chemical(s) (include testing, supplier information, manufacturing process, or other factual bases):

4. LEGAL NOTICE AND REMEDIES

This written notice is provided in compliance with the statutory notice provisions applicable to Proposition 65 prior to the commencement of any private civil enforcement action. The Notice Issuer hereby informs the Notified Party of the alleged presence of the chemical(s) identified above and of the factual bases supporting that allegation. The Notice Issuer reserves all claims, causes of action and remedies available under applicable law.

The Notified Party may respond to this Notice within the statutory cure period by taking corrective action, providing evidence to refute the factual basis or otherwise attempting to resolve the matter without litigation. The parties are encouraged to engage in good faith discussions to avoid or narrow any potential enforcement action.

5. INDEMNIFICATION

To the extent permitted by law, the Notice Issuer and the Notified Party agree that the party responsible for manufacture or distribution of the Product shall defend and indemnify the other party for liabilities arising from misrepresentations in this Notice or from failure to disclose material facts provided to the indemnified party prior to issuance. Indemnification obligations will survive termination of this Notice.

6. NOTICES

All notices required or permitted under this Notice shall be in writing and delivered to the addresses set forth below by certified mail, courier or personal delivery. Notices shall be effective upon receipt.

7. MISCELLANEOUS PROVISIONS

Governing Law: This Notice and any dispute arising from or relating to it shall be governed by the laws governing Proposition 65 and the substantive law applicable to the claims asserted, without regard to conflict of law principles.

Entire Agreement: This Notice, including all attachments and factual statements contained herein, constitutes the entire written notice among the parties with respect to the matters described and supersedes all prior written or oral communications specifically concerning the same subject matter.

Severability: If any provision of this Notice is determined to be invalid or unenforceable, such determination shall not affect the validity or enforceability of any other provision.

Amendments and Waiver: No amendment or waiver of any provision of this Notice will be effective unless in writing and signed by authorized representatives of both parties. A failure to enforce any provision shall not constitute a waiver of future enforcement.

Counterparts: This Notice may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one instrument.

8. ACKNOWLEDGMENT

By signing below, the Acknowledging Party confirms receipt of this Proposition 65 Notice, acknowledges that it has received the factual statements and product information set forth herein, and understands its rights and obligations under applicable law. Receipt of this Notice does not constitute an admission of liability by any party.

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