Kan Herb Company, Inc.

Agreement

PLEASE READ CAREFULLY BEFORE PROCEEDING TO ACCESS AND USE THIS SITE

Proposition 65

Pursuant to California's Safe Drinking Water & Toxic Enforcement Act ("Proposition 65" or "Prop 65"), the State of California maintains a list of chemicals that it has classified as carcinogens or reproductive toxicants. Many chemicals, such as lead, are classified as both carcinogens and reproductive toxicants. The State's Prop 65 list changes frequently; the most current list is available at the website of the State's Office of Environmental Health Hazard Assessment ("OEHHA") at www.oehha.org.

Prop 65 prohibits any person or business with 10 or more employees from "knowingly and intentionally" exposing any individual in California to a listed chemical without first providing a warning that is both "clear and reasonable." Whether a warning is required for any particular product depends on several factors, including the concentration of the listed chemical in the product and the resulting exposure to the consumer.

In order to ensure that Kan Herb Company products comply, our company tests for heavy metals in each product that it manufactures. Many Kan Herb Company tablet products, like virtually all tablet products made from Chinese herbs, contain small amounts of lead. The warning threshold for lead is extremely low, based on an exposure limit of only .5 micrograms per day. Therefore, we affix Proposition 65 warnings on the container of each product that requires a warning, appropriate to each product, for all products that are shipped to a California address.

IF YOU ARE A PRACTITIONER LOCATED IN CALIFORNIA, YOU MUST COMPLY WITH PROP 65, AS FOLLOWS:

Any Kan Herb Company product that is shipped to a California address will have a Prop 65 warning affixed to its container as necessary to comply with this law. In order to do business with Kan Herb Company, Practitioners in California must agree NOT to remove these stickers.

You shall indemnify, defend, and hold Kan Herb Company, its officers, directors, shareholders, employees and agents free and harmless against and in respect of any and all actions, claims, judgments, losses, liabilities, or demands, and against all costs, expenses and attorneys' fees (whether or not arising out of third party claims), arising, directly or indirectly, out of your failure to comply with this paragraph or the labeling requirements of Prop 65.

IF YOU ARE A PRACTITIONER LOCATED OUTSIDE CALIFORNIA, AND YOU SELL A KAN HERB PRODUCT FOR USE IN CALIFORNIA, YOU MUST COMPLY WITH PROP 65, AS FOLLOWS

Kan Herb Company products shipped to Practitioners at an address outside California will not have Prop 65 warning stickers affixed to them. A Practitioner who re-sells Kan products for use in California, or re-ships these Kan Herb Company products to a California address MUST affix the appropriate Prop 65 warning sticker on EACH container for any product for which the warning is required.
Upon request, Kan Herb Company will furnish the warning stickers, provided that Practitioner or its business associate does not resell the products through a website to consumers other than the customers that practitioner would engage in the course of their practice and in accordance with their licensure.
You shall indemnify, defend, and hold Kan Herb Company, its officers, directors, shareholders, employees and agents free and harmless against and in respect of any and all actions, claims, judgments, losses, liabilities, or demands, and against all costs, expenses and attorneys' fees (whether or not arising out of third party claims), arising, directly or indirectly, out of your failure to comply with this paragraph or the labeling requirements of Prop 65.

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