60 Day Notice 2026-03035

In addition to the payment set forth in Section 4, MOM Enterprises agrees that, beginning on the Effective Date, it shall not manufacture or resume manufacturing the Covered Product for sale in the State of California, Distribute the Covered Product into the State of California, or directly sell the Covered Product in the State of California (such actions collectively referred to as “California Sales Practices”). After the Effective Date, if MOM Enterprises wishes to engage in California Sales Practices with respect to the Covered Product, MOM Enterprises shall first arrange for testing of the Covered Product in compliance with Section 3.4 to determine whether the Covered Product is a Conforming Covered Product. If such testing shows that the Covered Product is not a Conforming Covered Product, MOM Enterprises shall, before any such engagement in California Sales Practices with respect to the Covered Product, either (a) reformulate the Covered Product so that it is a Conforming Covered Product, as confirmed by testing pursuant to Section 3.4, or (b) provide a written warning in compliance with Proposition 65 pursuant to Section 3.2.