1 Settlement Agreement Between Sara Hammond and Revo

Settlement Agreement Between

Sara Hammond and Revo International Gift Co LTD

SETTLEMENT AGREEMENT

BETWEEN

SARA HAMMOND

AND

REVO INTERNATIONAL GIFT CO LTD

Sara Hammond (“Hammond”) and Revo International Gift Co LTD (herein referred to as

“REVO”) (Hammond and REVO are collectively referred to as the “Parties”), enter into this

agreement (“Settlement Agreement”) for the purpose of avoiding prolonged and costly litigation

to settle Hammond’s allegations that REVO violated Proposition 65. The effective date of this

Settlement Agreement shall be the date upon which it is fully executed by all Parties hereto (the

“Effective Date”).

1. Introduction

1.1. Hammond alleges she is an individual who seeks to promote awareness of

exposures to toxic chemicals and improve human health by reducing or

eliminating hazardous substances contained in consumer and industrial products.

1.2. REVO previously either sold, offered for sale, imported, distributed, or

manufactured the Dirty Dog Garage Microfiber Towel Storage Case

SKU_08511931644200099910 (referred to throughout as the “Covered Product”).

1.3. Hammond alleges that the Covered Product contains Di(2-ethylhexyl)phthalate

(“DEHP”), also known as Diethyl Hexyl Phthalate and Bis (2-ethylhexyl)

phthalate, and that REVO did not provide a required warning in compliance with

Settlement Agreement Between

Sara Hammond and Revo International Gift Co LTD

the California Safe Drinking Water and Toxic Enforcement Act of 1986 (Cal.

Health & Safety Code § 25249.5, et seq. (“Proposition 65”)).

1.4. On January 1, 1988 the Governor of California added DEHP to the list of

chemicals known to the State to cause cancer, and on October 24, 2003, the

Governor added DEHP to the list of chemicals known to the State to cause

developmental male reproductive toxicity. These additions took place more than

twenty (20) months before Hammond served her “Sixty-Day Notice Of Violation

Sent in Compliance With California Health & Safety Code § 25249.7(d)” which

is further described below.

1.5. DEHP is referred to hereafter as the “Listed Chemical”.

1.6. On or about November 16, 2023 Hammond alleges she served REVO, Burlington

Coat Factory Warehouse and related entities and certain relevant public

enforcement agencies with a Sixty-Day Notice of Violation that was sent pursuant

to California Health & Safety Code § 25249.7(d) alleging the Covered Product

contained the Listed Chemical (the “Notice”).

1.7. The Notice alleged that REVO violated Proposition 65 by failing to warn

consumers in California that use of the Covered Products exposed persons to the

Listed Chemical.

1.8. The Parties enter into this Settlement Agreement to settle disputed claims between

them concerning the Parties’ and the Covered Products’ compliance with

Proposition 65 (the “Dispute”).

Settlement Agreement Between

Sara Hammond and Revo International Gift Co LTD

1.9. REVO disputes and does not admit Hammond’s allegations described in this

Settlement Agreement and in the Notice.

1.10. By execution of this Settlement Agreement, the Parties do not admit any facts or

conclusions of law against interest, including, but not limited to, any facts or

conclusions of law regarding any violation of Proposition 65, or any other

statutory, regulatory, common law, or equitable doctrine. Nothing in this

Settlement Agreement shall be construed as an admission against interest by the

Parties of any fact, conclusion of law, issue of law, or violation of law. Nothing in

this Settlement Agreement, nor compliance with its terms, shall constitute or be

construed, considered, offered, or admitted as evidence of an admission against

interest or evidence of fault, wrongdoing, or liability by REVO, its officers,

directors, employees, or parents, subsidiaries or affiliated corporations, licensees,

licensors, suppliers, manufacturers, importers, distributors or retailers of its

products, in any administrative or judicial proceeding or litigation in any court,

agency, or forum. Except for the allegations settled and compromised, nothing in

this Settlement Agreement shall prejudice, waive, or impair any right, remedy,

argument, or defense that Hammond or REVO may have in any other legal

proceeding as to allegations unrelated to the Dispute or claims released herein.

2. Release

2.1. This Settlement Agreement is a full, final, and binding resolution between

Hammond, acting in her individual capacity, on the one hand, and (a) REVO, and

its owners, parents, subsidiaries, affiliates, sister and related companies, licensees,

Settlement Agreement Between

Sara Hammond and Revo International Gift Co LTD

licensors, suppliers, manufacturers, importers, employees, shareholders, members,

officers, directors, insurers, attorneys, predecessors, successors, and assigns

(collectively “Releasees”) and (b) all entities to whom Releasees directly or

indirectly provide, distribute, or sell the Covered Product, including but not

limited to Burlington Coat Factory Warehouse and related entities, distributors,

wholesalers, customers, retailers, franchisees, and cooperative members

(“Downstream Releasees”), on the other hand, of any violation(s) or claimed

violation(s) of Proposition 65 or any statutory or common law claim that has

been, could have been or may in the future be asserted against the Releasees and

Downstream Releasees regarding exposing persons to any Proposition 65 listed

chemical or the failure to warn about exposure to any Proposition 65 listed

chemical arising in connection with the Covered Product sold, offered for sale, or

otherwise distributed by REVO up through and including July 31, 2024, even if

sold by Releasees or Downstream Releasees after that date.

2.2. Hammond, on behalf of herself and her past and current agents, representatives,

attorneys, successors, and/or assignees, hereby waives and releases with respect to

the Covered Product all rights to institute or participate in, directly or indirectly,

any form of legal action, including, without limitation, all actions, and causes of

action, in law or in equity, suits, liabilities, demands, obligations, damages, costs,

fines, penalties, losses, or expenses (including, but not limited to, investigation

fees, expert fees, and attorneys’ fees) (collectively “Claims”), against Releasees

and the Downstream Releasees that arise under Proposition 65 or any other

Settlement Agreement Between

Sara Hammond and Revo International Gift Co LTD

statutory or common law claims that were or could have been asserted in

connection with the Covered Product sold, offered for sale, or otherwise

distributed by REVO up through and including July 31, 2024, even if sold by

Releasees or Downstream Releasees after that date, including without limitation

to the extent that such claims relate to Releasees’ or Downstream Releasees’

alleged exposure of persons to any Proposition 65 listed chemicals contained in

the Covered Product or any failure by Releasees or Downstream Releasees to

warn about exposures to any Proposition 65 listed chemical contained in the

Covered Product.

2.3. Hammond acknowledges that she is familiar with Section 1542 of Civil Code,

which provides as follows:

A GENERAL RELEASE DOES NOT EXTEND TO

CLAIMS THAT THE CREDITOR OR RELEASING

PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN

HIS OR HER FAVOR AT THE TIME OF EXECUTING

THE RELEASE AND THAT, IF KNOWN BY HIM OR

HER, WOULD HAVE MATERIALLY AFFECTED HIS

OR HER SETTLEMENT WITH THE DEBTOR OR

RELEASED PARTY.

Hammond, on behalf of herself and her past and current agents, representatives,

attorneys, successors, and/or assignees expressly waives and relinquishes any and

all rights and benefits which she may have under, or which may be conferred on

her by the provisions of California Civil Code § 1542 as well as under any other

state or federal statute or common law principle of similar effect, to the fullest

extent that she may lawfully waive such rights or benefits pertaining to the

Settlement Agreement Between

Sara Hammond and Revo International Gift Co LTD

released matters up through and including the Effective Date. The release in this

section shall have no force or effect until the full amount of payments set forth

below are paid in full.

2.4. REVO's release of Hammond

REVO on its own behalf, and on behalf of its past and current agents,

representatives, attorneys, successors and assignees, hereby waives any and all

claims against Hammond and her attorneys and other representatives for any and

all actions taken or statements made by them in connection with this matter,

whether in the course of investigating claims, seeking to enforce Proposition 65

against it in this matter, or with respect to the Covered Product up through and

including the Effective Date.

3. REVO’s Duties

3.1. After July 31, 2024, REVO shall not sell the Covered Product for distribution in

California unless the product is a “Reformulated Covered Product” as defined in

Paragraph 3.2 or unless REVO provides a Compliant Warning as defined in

Paragraph 3.3 for any non-reformulated Covered Product that it sells in

California. Compliance with this Settlement Agreement by REVO shall

constitute compliance under Proposition 65 with regard to Covered products sold,

offered for sale, imported, manufactured or otherwise distributed after the

Effective Date.

3.2. For purposes of this Settlement Agreement, “Reformulated Covered Products”

are Covered Products containing no more than 1,000 parts per million (0.1%)

Settlement Agreement Between

Sara Hammond and Revo International Gift Co LTD

DEHP in any accessible component (“accessible component” is defined as any

component that could be touched by a person during reasonably foreseeable use).

In order to determine compliance with this reformulation standard, REVO may

rely on third party testing from an accredited laboratory.

3.3. The Parties agree that should REVO choose to provide a Prop 65 warning

concerning the Covered Product rather than reformulate the Covered Product, any

Prop 65 warning used by REVO must meet the requirements set forth in

California Code of Regulations, Title 27, Article 6, subarticle 2 for products

containing DEHP and appropriate in method and content for the given method of

sale to the consumer.

3.4. The Parties agree that the specifications for Compliant Warnings in this

Settlement Agreement comply with Proposition 65 and its regulations as of the

date of this Settlement Agreement, and with regulations adopted on or about

August 30, 2016 and which became effective August 30, 2018.

3.5. If modifications or amendments to Proposition 65 or its “safe harbor” regulations

after the Effective Date are adopted as to what constitutes a “clear and reasonable

warning,” Defendant may modify the content and delivery methods of its

warnings to conform to the modified or amended provisions of Proposition 65 or

its regulations.

4. Payments

4.1. REVO agrees to pay a total of ten thousand dollars ($10,000.00) within 5 days

from the Effective date.

Settlement Agreement Between

Sara Hammond and Revo International Gift Co LTD

All payments shall be made either: (1) by Electronic Funds Transfer (“EFT”) to

the account specified by Hammond in her counsel’s February 2, 2024 e-mail or

(2) by check and sent via overnight mail with tracking numbers provided to

plaintiff's counsel and addressed as follows:

Joseph D. Agliozzo, Law Corporation

1601 N. Sepulveda Boulevard, # 649

Manhattan Beach, CA 90266

The payment specified in Section 4.1 is allocated as specified in Sections 4.1.1

and 4.1.2. If REVO pays by EFT, after the EFT has cleared Hammond or her counsel

shall be responsible for dividing the payment as allocated in Sections 4.1.1 and 4.1.2 and

making the required payments to each recipient. If REVO pays by check, it shall issue

checks as specified in Sections 4.1.1 and 4.1.2.

4.1.1. Civil Penalty: The total amount of five hundred dollars ($500.00) as

penalties pursuant to California Health & Safety Code § 25249.12. If

paying by check, REVO shall issue two separate checks as follows: (a)

one check made payable to the State of California’s Office of

Environmental Health Hazard Assessment (OEHHA) in the amount of

three hundred and seventy five dollars ($375.00), representing 75% of the

total penalty; and (b) one check to Sara Hammond in the amount of one

hundred and twenty five dollars ($125.00), representing 25% of the total

penalty. Additionally, two separate 1099’s shall be issued for the above

payments. The first 1099 shall be issued to OEHHA, PO Box 4010,

Settlement Agreement Between

Sara Hammond and Revo International Gift Co LTD

Sacramento, CA 95184 (EIN: 68-0284486) in the amount of $375.00. The

second 1099 shall be issued in the amount of $125.00 to Sara Hammond

and be addressed to Sara Hammond C/O Joseph D. Agliozzo, Law

Corporation and shall be delivered to Joseph D. Agliozzo, Law

Corporation, 1601 N. Sepulveda, #649, Manhattan Beach, CA 90266. At

REVO's request, Hammond's counsel shall provide REVO with a W-9 for

Hammond prior to the Effective Date.

4.1.2. Attorneys’ Fees and Costs: A total of nine thousand five hundred dollars

($9,500) shall be paid to Joseph D. Agliozzo, Law Corporation as

Hammond's attorney, for reasonable investigation fees and costs,

attorneys’ fees, and other costs incurred as a result of investigating and

bringing this matter to REVO's attention. At REVO's request, Hammond's

counsel shall provide REVO with a W-9 for Joseph D. Agliozzo, Law

Corporation prior to the Effective Date.

5. Authority to Enter Into Settlement Agreement

5.1. Hammond represents that she has full authority to enter into and legally bind

Hammond to this Settlement Agreement.

5.2. The person signing this Settlement Agreement on behalf of REVO represents and

warrants that he/she has been granted full authority to enter into and legally bind

REVO to this Settlement Agreement.

Settlement Agreement Between

Sara Hammond and Revo International Gift Co LTD

6. Report of the Settlement Agreement to the Office of the Attorney General of

California

Hammond shall report this Settlement Agreement to the Attorney General’s Office within

five (5) days of the Effective Date of this Settlement Agreement.

7. Execution in Counterparts and Facsimile

This Settlement Agreement may be executed in counterparts, which taken together shall

be deemed to constitute the same document. A facsimile or portable document format

(PDF) signature shall be as valid as the original as an electronic record executed and

adopted by a Party with the intent to sign the electronic record pursuant to California

Civil Code §§ 1633.1-1633.17.

8. Entire Agreement

This Settlement Agreement contains the sole and entire agreement and understanding of

the Parties with respect to the subject matter hereof, and all related prior discussions,

negotiations, commitments, and understandings. No other promises or agreements, oral or

otherwise, exist to bind any of the Parties or are being relied on by any of the Parties in

connection with the execution of this Settlement Agreement.

9. Modification of Settlement Agreement

Any modification to this Settlement Agreement shall be in writing and signed by the

Parties.

10. Application of Settlement Agreement

This Settlement Agreement shall apply to, be binding upon, and inure to the benefit of,

Hammond and the Releasees and Downstream Releasees identified in Section 2 above.

Settlement Agreement Between

Sara Hammond and Revo International Gift Co LTD

11. Enforcement of Settlement Agreement

If one Party alleges the other Party is in breach of this Settlement Agreement, that Party

shall notify the other party. The Parties agree to meet and confer in good faith for a

period of up to thirty days from the initial notice to attempt to resolve the allegation. If

informal efforts fail, any party may file suit before the Superior Court of the County of

Los Angeles, consistent with the terms and conditions set forth in this Settlement

Agreement, to enforce the terms and conditions contained in this Settlement Agreement.

The prevailing party shall be entitled to its reasonable attorneys’ fees and costs associated

with such proceeding. This Settlement Agreement may be enforced exclusively by the

Parties hereto.

12. Notification Requirements

Any notice required or permitted hereunder shall be effective only if given in writing and

delivered in person, or via certified or registered mail return receipt requested, or via

traceable overnight delivery service, to the following designees:

For Hammond:

Joseph D. Agliozzo

Law Office of Joseph D. Agliozzo

1601 N. Sepulveda Boulevard, #649

Manhattan Beach, CA 90266

For REVO:

Revo International Gift Co., Ltd.

12536 Summerwood Drive

Burleson,TX76028

and

Settlement Agreement Between

Sara Hammond and Revo International Gift Co LTD

Jeffrey Parker

Sheppard Mullin Richter & Hampton LLP

333 S. Hope Street, 43rd Floor

Los Angeles CA 90071

Any party may change its designee(s) for purposes of notification by providing written

notice of such change pursuant to this section. Courtesy notices via email to counsel may

be provided.

13. Severability

If, subsequent to the execution of this Settlement Agreement, any of the provisions of this

Settlement Agreement are held by a court to be unenforceable, the validity of the

enforceable provisions remaining shall not be adversely affected.

Settlement Agreement Between

Sara Hammond and Revo International Gift Co LTD

14. Governing Law

The terms of this Settlement Agreement shall be governed by the laws of the State of

California and shall apply only to Covered Products sold to a California consumer. In the

event that Proposition 65 is repealed, preempted or is otherwise rendered inapplicable by

reason of law generally, or as to the Listed Chemical and/or the Covered Product, then

REVO shall provide written notice to Hammond of any asserted change in the law, and

shall have no further obligations pursuant to this Settlement Agreement with respect to,

and to the extent that, the Covered Product is so affected.

SARA HAMMOND

Date: By:

Printed Name: Sara Hammond

REVO INTERNATIONAL GIFT CO LTD

Date: By:

Printed Name: __________________

Title: Vice President

February 16, 2024

Wendy Phillips

February 15, 2024