60 Day Notice 2020-00145

SAR section 3.1 Evolv Health contends that it has sold its assets, discontinued operations and is no longer in the business of manufacturing or distributing any products. As such, and subject to Section 3.2, beginning on the Effective Date, Evolv Health shall be permanently enjoined from manufacturing for sale in the State of California, “Distributing into the State of California,” or directly selling in the State of California, any of the Covered Products. 3.1.1 As used in this Agreement, the terms “Distributing into the State of California” and “Distributed into the State of California” shall mean to directly ship a Covered Product into California for sale in California or to sell a Covered Product to a distributor that Evolv Health knows or has reason to know will sell the Covered Product in California. 3.2 Clear and Reasonable Warnings - With respect to any Covered Products manufactured before the Effective Date and in the possession of Evolv Health or its successors or assigns on or before the Effective Date, such Covered Products may be Distributed into the State of California or sold in the State of California so long as they provide an appropriate Proposition 65 warning that complies with Title 27, California Code of Regulations sections 25602, 25607.1 and 25607.2 (2020).