Files
justin a97107de46
Image rebuild (skip scrape) / build (push) Failing after 1h37m12s
docker: production image + Gitea Actions for monthly refresh
Dockerfile: self-contained image with corpus + Chroma + BM25 baked
in. Drawbar's compose pulls + runs without volume mounts. Built from
sources.json (labels schema), PRODUCT_NAME=crop_chem by default,
HYBRID_SEARCH=true (always-on for production quality). RERANK_URL +
OLLAMA_URL get set at compose time.

.gitea/workflows/refresh.yml: monthly cron (1st @ 06:00 UTC) does
full scrape → reindex → image push. Scrapes Bayer (~30 min) +
EPA PPLS row-crop filtered (~7h). Skips reindex+push if no corpus
diff. Tags pushed: :latest, :<sha12>, :corpus-<YYYY.MM.DD>.

.gitea/workflows/image-only.yml: on-demand or auto on code-only
pushes to main (paths: docs_mcp/, rag/, scrape/, requirements.txt,
Dockerfile, sources.json). Reindexes from committed corpus, builds
image, pushes. ~10 min vs ~9h full refresh.

.gitignore: corpus/ now COMMITTED (4,159 labels, 265 MB of .md +
sidecars). Lets image-only.yml rebuild indexes without re-scraping.
chroma/ + bm25/ still gitignored (regenerable binary indexes).

.dockerignore: drops venv, eval results, PLAN/README/CLAUDE.md,
deploy/, .git/ — keeps the image lean. corpus + chroma + bm25
explicitly NOT in dockerignore (those go INTO the image).

Co-Authored-By: Claude Opus 4.7 (1M context) <noreply@anthropic.com>
2026-05-24 12:32:41 -04:00

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GAUNTLET 70 DF HERBICIDE


UNITED STATES ENVIRONMENTAL PROTECTION AGENCY WASHINGTON, DC 20460

Amended Under Reregistration and Label Amendment v.20150612

OFFICE OF CHEMICAL SAFETY AND POLLUTION PREVENTION July 7, 2020

Christina Rodriguez Senior Registration Manager FMC Corporation 1090 Elkton Rd Newark, DE 19711

Subject: Registration Review Label Mitigation for Sulfentrazone & Cloransulam-Methyl / Label Amendment Minor Changes, Including Updated Trademarks Product Name: Ga untlet 70 DF Herbicide EPA Registration Number: 279-3246 Application Date: 10/05/2018 Decision Numbers: 553077; 553078; 564193

Dear Ms. Rodriquez:

The Agency, in accordance with the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA), as amended, has completed reviewing all of the information submitted with your applications to support the Registration Review of the above referenced product in connection with the Sulfentrazone & Cloransulam-Methyl Interim Decisions, and have concluded that your submissions are acceptable. The agency also completed review of your amended label referred to above, submitted in connection with registration under FIFRA, as amended, and has determined the label is also acceptable.

Should you wish to add/retain a reference to the companys website on your label, then please be aware that the website becomes labeling under the Federal Insecticide Fungicide and Rodenticide Act and is subject to review by the Agency. If the website is false or misleading, the product would be misbranded and unlawful to sell or distribute under FIFRA section 12(a)(1)(E). 40 CFR 156.10(a)(5) list examples of statements EPA may consider false or misleading. In addition, regardless of whether a website is referenced on your products label, claims made on the website may not substantially differ from those claims approved through the registration process. Therefore, should the Agency find or if it is brought to our attention that a website contains false or misleading statements or claims substantially differing from the EPA approved registration, the website will be referred to the EPAs Office of Enforcement and Compliance.

A stamped copy of your labeling is enclosed for your records. This labeling supersedes all previously accepted labeling. You must submit one copy of the final printed labeling before you release the product for shipment with the new labeling. Products shipped after 12 from the date of this amendment must bear the new revised label. Your release for shipment of the product bearing the amended label constitutes acceptance of these conditions. If these conditions are not complied with, the registration will be subject to cancellation in accordance with FIFRA section 6.

Page 2 of 2 EPA Reg. No. 279-3246 Decision No. 553077; 553078; 564193

If you have any questions about this letter, please contact Kable Bo Davis by phone at 703-306- 0415, or via email at davis.kable@epa.gov.

Sincerely,

Mindy Ondish Product Manager 23 Herbicide Branch Registration Division (7505P) Office of Pesticide Programs

Enclosure

1

GAUNTLET 70 DF HERBICIDE

EPA Reg. No. 279-3246 EPA Est. _______

Active Ingredients: By Wt. Sulfentrazone* ....................................................... 62.1% Cloransulam-methyl* ............................................. 7.9% Other Ingredients: ............................................... 30.0% 100.0%

*Gauntlet 70 DF Herbicide contains 0.7 pounds of active ingredient per pound of product (0.62 pounds ai of sulfentrazone and 0. 08 pounds of ai of cloransulam-methyl)

KEEP OUT OF REACH OF CHILDREN CAUTION

FIRST AID If Swallowed: Call a poison control center or doctor immediately for treatment advice. Have person sip a glass of water if able to swallow. Do not induce vomiting unless told to do so by the poison control center or doctor. Do not give anything by mouth to an unconscious person. If in Eyes: Hold eye open and rinse slowly and gently with water for 15-20 minutes. Remove contact lenses, if present, after the first 5 minutes, then continue rinsing eye. Call a poison control center or doctor for treatment advice. If Inhaled: Move person to fresh air. If person is not breathing, call 911 or an ambulance, then give artificial respiration, preferably by mouth-to- mouth, if possible. Call a poison control center or doctor for further treatment advice. If on Skin or Clothing: Take off contaminated clothing. Rinse skin immediately with plenty of water for 15-20 minutes. Call a poison control center or doctor for treatment advice. HOTLINE NUMBER Have the product container or label with you when calling a poison control center or doctor, or going for treatment. You may also contact 1-800-331- 3148 for emergency medical treatment information.

Net Contents: 10 Pounds

SOLD BY

FMC Corporation 2929 Walnut Street Philadelphia, PA 19104

Sulfentrazone Group 14 Herbicide Cloransulam-methyl Group 2 Herbicide 07/07/2020 279-3246

2 PRECAUTIONARY STATEMENTS Hazards to Humans (and Domestic Animals) Caution Harmful if swallowed. Causes moderate eye irritation. Avoid contact with eyes or clothing. PERSONAL PROTECTIVE EQUIPMENT (PPE) Applicators, mixers, loaders and other pesticide handlers must wear: protective eyewear, long-sleeved shirt and long pants, chemical resistant gloves made of any waterproof material such as polyethylene or polyvinyl chloride, and shoes plus socks. Discard clothing and other absorbent materials that have been drenched or heavily contaminated with this product. Do not reuse them. Follow manufacturers instructions for cleaning/maintaining PPE. If no such instructions for washables exist, use detergent and hot wa ter. Keep and wash PPE separately from other laundry.

User Safety Recommendations Users should: • Wash hands before eating, drinking, chewing gum, using tobacco or using the toilet. • Remove clothing immediately if pesticide gets inside. Then wash thoroughly and put on clean clothing. • Remove PPE immediately after handling the product. Wash the outside of gloves before removing. As soon as possible, wash thor oughly and change into clean clothing.

Environmental Hazards

This pesticide is toxic to marine/estuarine invertebrates. Do not apply directly to water, to areas where surface water is present or to intertidal areas below the mean high water mark. Drift and runoff may be hazardous to terrestrial and aquatic plants in neighboring areas. Do not contaminate water when disposing of equipment wash waters or rinsate. Groundwater advisory: This chemical is known to leach through soil into groundwater under certain conditions as a result of label use. Use of this chemical in areas where soils are permeable, particularly where the water table is shallow, may result in groundwater contamination. Do not use on coarse soils classified as sand which have less than 1% organic matter. Surface water advisory: Sulfentrazone can contaminate surface water through spray drift. Under some conditions, sulfentrazone may also have a high potential for runoff into surface water (primarily via dissolution in runoff water), for several to many months post-appli cation. These include poorly draining or wet soils with readily visible slopes toward adjacent surface waters, frequently flooded areas, areas overly ing extremely shallow groundwater, areas with in-field canals or ditches that drain to surface water, areas not separated from adjacent surface waters with vegetated filter strips, and areas over-lying tile drainage systems that drain to surface waters.

NON-TARGET ORGANISM ADVISORY STATEMENT: This product is toxic to plants and may adversely impact the forage and habitat of non-target organisms, including pollinators, in areas adjacent to the treated area. Protect the forage and habitat of non-target organisms by following label directions intended to minimize spray drift.

Physical/Chemical Hazards Do not use or store near heat or open flame.

DIRECTIONS FOR USE It is a violation of Federal law to use this product in a manner inconsistent with its labeling. Read all Directions for Use carefully before applying. Do not apply this product in a way that will contact workers or other persons, either directly or through drift. Only protected handlers may be in the area during application. For any requirements specific to your State or Tribe, consult the agency responsible for pesticide regulation.

AGRICULTURAL USE REQUIREMENTS Use this product only in accordance with its labeling and with the Worker Protection Standard, 40 CFR part 170. This Standard c ontains requirements for the protection of agricultural workers on farms, forests, nurseries, and greenhouses, and handlers of agricultural pesticides. It contains requirements for training, decontamination, notification, and emergency assistance. It also contains specific instructions and exceptions pertaining to the statements on this label about personal protective equipment (PPE) and restricted-entry interval. The requirements in this box only apply to uses of this product that are covered by the Worker Protection Standard. Do not enter or allow worker entry into treated areas during the restricted entry interval (REI) of 12 hours. PPE required for early entry to treated areas that is permitted under the Worker Protection Standard and that involves contact with anything that has been treated, such as plants, soil, or water, is: Coveralls over long-sleeved shirt and long pants, chemical resistant gloves made of any waterproof material such as polyethylene or polyvinyl chloride, and shoes plus socks.

Engineering Controls Statements When handlers use enclosed cabs or aircraft in a manner that meets the requirements listed in the Worker Protections Standard ( WPS) for agricultural pesticides [40 CFR 170.240 (d) (4-6)], the handler PPE requirements may be reduced or modified as specified in the WPS. Pilots must use an enclosed cockpit that meets the requirements listed in the WPS for agricultural pesticides [40 CFR 170.240(d)(6)]. • Aerial applicators must be in enclosed cockpits.

3 WEED RESISTANCE MANAGEMENT Gauntlet 70 DF Herbicide, which contains the active ingredients sulfentrazone and cloransulam-methyl is a group 14 and 2 herbicide based on the mode of action classification system of the Weed Science Society of America. Proactively implementing diversified weed control strategies to minimize selection for weed populations resistant to one or more herbicides is a best practice. A diversified weed management program may include the use of multiple herbicides with different sites of action and overlapping weed spectrum with or without tillage operations and/or other cultural practices. Research has demonstrated that using the labeled rate and directions for use is important to delay the selection for resistance. The continued effectiveness of this product depends on the successful implementation of a weed resistance management program. To aid in the prevention of developing weeds resistant to this product, users should: · Scout fields before application to ensure herbicides and rates will be appropriate for the weed species and weed sizes present. · Start with a clean field, using either a burndown herbicide application or tillage. · Control weeds early when they are relatively small (less than 4 inches). · Apply full rates of Gauntlet 70 DF Herbicide for the most difficult to control weed in the field at the specified time (correct weed size) to minimize weed escapes. · Scout fields after application to detect weed escapes or shifts in control of weed species. · Control weed escapes before they reproduce by seed or proliferate vegetatively. · Report any incidence of non-performance of this product against a particular weed to your local retailer or county extension agent. · Contact your crop advisor or extension agent to find out if suspected resistant weeds to these MOAs have been found in your region. Do not assume that each listed weed is being controlled by multiple sites of action. Products with multiple active ingredients are intended to broaden the spectrum of weeds that are controlled. Some weeds may be controlled by only one of the active ingredient in this product. · If resistance is suspected, treat weed escapes with an herbicide having a site of action other than Group 14 and 2 and/or use nonchemical methods to remove escapes, as practical, with the goal of preventing further seed production. · Suspected herbicide-resistant weeds may be identified by these indicators:

  • Failure to control a weed species normally controlled by the herbicide at the dose applied, especially if control is achieved on adjacent weeds;
  • A spreading patch of non-controlled plants of a particular weed species; and
  • Surviving plants mixed with controlled individuals of the same species. Additionally, users should follow as many of the following herbicide resistance management practices as is practical: · Use a broad spectrum soil-applied herbicide with other sites of action as a foundation in a weed control program. · Utilize sequential applications of herbicides with alternative sites of action. · Rotate the use of this product with non-Group 14 and 2 herbicides. · Avoid making more than two applications of Gauntlet 70 DF Herbicide and any other Group 14 and 2 herbicides within a single growing season unless mixed with an herbicide with a different site of action with an overlapping spectrum for the difficult-to-control weeds. · Incorporate non-chemical weed control practices, such as mechanical cultivation, crop rotation, cover crops and weed-free crop seeds, as part of an integrated weed control program. · Use good agronomic principles that enhance crop development and crop competitiveness. · Thoroughly clean plant residues from equipment before leaving fields suspected to contain resistant weeds. Manage weeds in an around fields, during and after harvest to reduce weed seed production.

PRODUCT INFORMATION Gauntlet 70 DF Herbicide is for preemergence control of broadleaf and grass weeds in soybeans only. The mode of action of Gauntlet 70 DF Herbicide involves uptake by weed roots and shoots. Preemergence and preplant incorporated applications of Gauntlet 70 DF Herbicide require rainfall or irrigation to activate the herbicide. The amount of rainfall or irrigation require d for activation following DSSOLFDWLRQGHSHQGVRQH[LVWLQJVRLOPRLVWXUHRUJDQLFPDWWHUFRQWHQWDQGVRLOWH[WXUH,IDGHTXDWHPRLVWXUH »WR LVnot received within 7 to 10 days after the Gauntlet 70 DF Herbicide treatment, a shallow cultivation may be needed to obtain desired weed control. When sufficient moisture is received after dry conditions, Gauntlet 70 DF Herbicide will provide control of susceptible germinating weeds. Gauntlet 70 DF Herbicide exhibits excellent crop safety. Poor growing conditions, such as excessive moisture, cool temperatures, and soil compaction or the presence of various pathogens may impact seedling vigor. Under these conditions, the active ingredients in Gauntlet 70 D F Herbicide, like other soil-applied herbicides, can contribute to crop response. It is the pesticide users responsibility to ensure that all products in tank mixtures with Gauntlet 70 DF Herbicide are registered for the intended use. Users must follow the most restrictive directions for use and precautionary statements of each product in the tank mixture.

IMPORTANT RESTRICTIONS

  1. Do not apply Gauntlet 70 DF Herbicide if there are visible signs of cracking due to soybean emergence, or serious crop injur y such as but not limited to stand loss may result.

IMPORTANT PRECAUTIONS

  1. Back to back application of ALS or ALS containing herbicides can occasionally result in residual herbicide stacking and pote ntial crop injury. Applicator and grower are responsible and should be aware of previous herbicide use and potential interaction it may have with Gauntlet 70 DF Herbicide application.
  2. Ensure the seed furrow is closed and the seed covered on acres treated with Gauntlet 70 DF Herbicide.
  3. Soybean stunting may occur if excessive rainfall occurs after application but before soybeans emerge. Injury is more prevalent under poor drainage or compacted conditions or when soil is saturated for long periods of time. Soybeans outgrow stunting once favorable growing conditions return.
  4. Seedling disease, nematodes, cold weather, deep planting (more than 2”), excessive moisture, high salt concentration, or drough t may weaken soybean seedlings and increase the possibility of crop injury.
  5. When tank mixing, follow the most restrictive use rates and precautions of the mixing partners.

4

APPLICATION INFORMATION DO NOT APPLY TO CROPS OTHER THAN SOYBEANS. Ground Application Use a standard low pressure herbicide boom sprayer equipped with suitable nozzles and screens. Apply uniformly using properly calibrated nozzles and screens and strainers no finer than 50 mesh. Use 10 to 40 gallons of spray solution per acre. A minimum of 15 gallons of spray solution per acre must be used for use in a tank mix with one or more contact, burndown herbicides. Do not exceed 40 psi spray pressure unless required by the spray nozzle manufacturer. Continuous agitation during application is required. Avoid swath overlaps. Shut off spray booms while turning, slowing or stopping, as over application may result. Do not allow Gauntlet 70 DF Herbicide spray mixtures to sit overnight as settling of product and difficulty of re-suspending may occur. To avoid injury to sensitive crops, spray equipment used for Gauntlet 70 DF Herbicide applications must be drained and thorough ly cleaned with water plus ammonia before being used to apply other products. See Spray Clean-out Section. Avoid all direct, and/or indirect spray contact with non-target plants. Do not apply near desirable vegetation. Allow adequate distance between target area and desirable plants to minimize exposure.

Aerial Application Use Restrictions Aerial application is allowed only when environmental conditions prohibit ground application. When this product is applied by air, applicator must use a minimum finished spray volume of 5 gallons per acre. The maximum release height must be 10 feet from the top of the canopy, u nless a greater application height is required for pilot safety.

Do not apply when wind speed favors drift beyond the area intended for treatment.

These requirements must be followed to avoid off-target movement from aerial applications. These requirements do not apply to forestry applications, public health uses or to applications of dry materials.

  1. The distance of the outermost nozzles on the boom must not exceed ¾ the length of the wingspan or rotor.
  2. Nozzles must always point backward parallel with the air stream and never be pointed downwards more than 45 degrees.
  3. Observe the regulations of the State where applications are made.
  4. Applicators must observe and abide by the requirements of the Aerial Drift Reduction Advisory.

SPRAY DRIFT ADVISORIES THE APPLICATOR IS RESPONSIBLE FOR AVOIDING OFF-SITE SPRAY DRIFT.

BE AWARE OF NEARBY NON-TARGET SITES AND ENVIRONMETAL CONDITONS.

Information on Droplet Size The most effective way to reduce drift potential is to apply large droplets. The best drift management strategy is to apply the largest droplets that provide sufficient coverage for pesticide performance. Applying larger droplets reduces drift potential but will not prevent drift if applications are made improperly or under unfavorable environmental conditions. (See information on Wind, Temperature and Humidity, and Temperature Inversions in subsequent sections). Select nozzles and application pressure that deliver medium to coarse or larger spray droplets as indicated in the nozzle manufacturers recommendations and in accordance with ASABE Standard S-572. Select coarse to very coarse droplet size when used as a preemergent/preplant application. Select medium to very coarse droplet size when used postemergence with a contact burndown herbicide. Do not apply as spray droplets smaller than medium to coarse (defined by the ASAE standard).

Controlling Spray Droplet Size Volume Use high flow rate nozzles to apply the greatest practical spray volume. Nozzles with higher rated flow generally produce larger droplets.

Pressure - When higher flow rates are needed, use higher flow rate nozzles rather than increasing spray pressure.

Do not exceed the nozzle manufacturers recommended pressures. Lower pressure produces larger droplets in many types of nozzles.

Number of Nozzles Use the minimum number of nozzles that provide uniform coverage.

Nozzle Orientation For aerial application, the recommended practice is to orient nozzles so that the spray is released parallel to the airstrea m. This orientation usually produces larger droplets as compared to other nozzle orientations. Significant nozzle deflection from horizontal will reduce droplet size and increase drift potential.

Nozzle Type - Use a nozzle type that is designed for the intended application. With most nozzle types, narrower spray angles produce larg er droplets. Consider using low drift nozzles for both ground and aerial applications. Solid stream nozzles oriented straight ba ck usually produce the largest droplets and the lowest drift potential in aerial applications

Boom Length For some aerial use patterns, reducing the effective boom length to less than ¾ of the wingspan or rotor length may further reduce drift without reducing swath width.

Application Height - Aerial applications should not be made at a height greater than 10 feet above the top of the target plant canopy unless a greater height is required for aircraft safety. Making applications at the lowest height that is safe reduces exposure of droplets to evaporation and wind.

Swath Adjustment When aerial applications are made with a crosswind, the swath will be displaced downwind. Therefore, on the upwind and downwind edges of the field, the applicator must compensate for this displacement by the path of the aircraft upwind. Swath ad justment or offset distance should increase when conditions favor increased drift potential (higher winds, smaller droplets, etc).

5 Wind Drift potential is lowest between wind speeds of 3-10 mph. However, many factors, including droplet size and equipment type determine drift potential at any given wind speed. Application should be avoided below 3 mph due to variable wind direction and high inversion potential. NOTE: Local terrain can influence wind patterns. Every applicator should be familiar with local wind patterns and how they may potentially affect spray drift.

Temperature and Humidity When making applications in low relative humidity, set up equipment to produce larger droplets to compensate for evaporation. Droplet evaporation is most severe when conditions are both hot and dry.

Temperature Inversions Applications should not occur during a temperature inversion because drift potential is high. Temperature inversions restrict vertical air mixing, which causes small-suspended droplets to remain in a concentrated cloud. This cloud can move in unpredictable directions due to the low speed and variable winds common during inversions. Temperature inversions are characterized by increasing tempe ratures with altitude and are common during conditions of limited cloud cover and little to no wind. They often begin to form as the sun se ts and may often continue into the morning. The presence of a temperature inversion may be indicated by ground fog. However if fog is not pres ent, the movement of smoke from a ground source or an aircraft smoke generator can also identify inversions. Smoke that remains in layers and mo ves laterally in a concentrated cloud (under low speed wind conditions) indicates an inversion, while smoke that moves upward and rapidly dissipates indicates good vertical air mixing.

Sensitive Areas The pesticide should only be applied when the wind is blowing away from sensitive areas (e.g. residential areas, bodies of water, known habitat for threatened or endangered species, non-target crops).

Off-Target Movement of Gauntlet 70 DF Herbicide Drift of dilute spray mixtures containing Gauntlet 70 DF Herbicide must be prevented. Observation of the preceding environmental conditions, correct application equipment design, calibration and application practices will significantly diminish the risk of off-target spray drift. Gauntlet 70 DF Herbicide can cause significant symptomology by drift on to sensitive crops and other plants. This symptomology may manifest initially as discreet, localized spots where contacted by Gauntlet 70 DF Herbicide drift mixtures. Depending on concentration of the spray solution and droplets size (effectively determining the dosage of sulfentrazone) and also depending on the inherent sensitivity of the plants involved, these spots or lesions may or may not coalesce. These effects will usually not have lasting effects on plant growth, but will likely reduce the value of affected fruit or foliage where grade or quality is associated with appearance. In severe drift instances with particularly sensitive crops, defoliation of affected foliage could result. Failure to follow these guidelines and environmental prohibitions that then result in off-target movement or drift of Gauntlet 70 DF Herbicide on to unintended crops or plants, irrespective of severity, constitutes misapplication of this product. FMC accepts no responsibility or liability for potential crop effects that may result from such misapplication of Gauntlet 70 DF Herbicide.

MIXING INSTRUCTIONS AND LOADING INSTRUCTIONS Restrictions Do not apply this product through any type of irrigation system. Do not use flood irrigation to apply or incorporate this product.

Proper handling instructions This product may not be mixed or loaded within 50 feet of any wells (including abandoned wells and drainage wells), sink holes, perennial or intermittent streams and rivers, and natural or impounded lakes and reservoirs. This setback does not apply to properly capped or plugged abandoned wells and does not apply to impervious pad or properly diked mixing/loading areas. Operations that involve mixing, loading rinsing, or washing of this product into or from pesticide handling or application equipment or containers within 50 feet of any well are prohibited unless conducted on an impervious pad constructed to withstand the weight of the heaviest lo ad that may be positioned on or moved across the pad. Such a pad shall be designed and maintained to contain any product spills or equipment leaks, container or equipment rinse or wash water, and rainwater that may fall on the pad. Surface water shall not be allowed to either flow over or from the pad, which means the pad must be self contained. The pad shall be sloped to facilitate material removal. An unroofed pad shall be of suff icient capacity to contain at a minimum 110% of the capacity of the largest pesticide container or application equipment on the pad. A pad that is covered by a roof of sufficient size to completely exclude precipitation from contact with the pad shall have a minimum containment capacity of 100% of the capacity of the largest pesticide container or application equipment on the pad. Containment capacities as described above shall be maintained at all times. The above specific minimum containment capacities do not apply to vehicles when delivering pesticide shipments to the mixing/loading site. States may have in effect additional requirements regarding wellhead setbacks and operational containment. Product must be used in a manner which will prevent back siphoning in wells, spills or improper disposal of excess pesticide, s pray mixtures or rinsates.

Gauntlet 70 DF Herbicide Applied Alone Select the proper Gauntlet 70 DF Herbicide application rate from the following TIMING AND METHOD OF APPLICATION section of this label. Fill the spray tank with approximately one-half of the volume of water needed for the acreage being treated. With agitator operating , add the required amount of Gauntlet 70 DF Herbicide for acreage being treated by opening the bottle(s) and measuring directly into the spray tank. Allow the product to fully disperse. Complete the addition of spray water. Maintain agitation during filling, mixing and application. Apply the Gauntlet 70 DF Herbicide spray mixture immediately after mixing. Do not store mixture.

Gauntlet 70 DF Herbicide Applied in Tank Mix Combination Select the proper Gauntlet 70 DF Herbicide application rate from TIMING AND METHOD OF APPLICATION section of label. It is the pesticide users responsibility to ensure that all products in tank mixtures with Gauntlet 70 DF Herbicide are registered for the intended use. Users must follow the most restrictive directions for use and precautionary statements of each product in the tank mixture. To ensure product compatibility, a jar test should be conducted before large volume mixing. Provided the jar test indicates the mixture is compatible, prepare the tank mixture as follows. Fill the spray tank with approximately one-half of the volume of water needed for the acreage being treated. With agitator operating, add the required amount of Gauntlet 70 DF Herbicide for the acreage being treated by opening the bottle(s) and measuring directly into the spray tank. Allow the product to fully disperse. Next add the specified amount(s) of the additional tank mix product(s) in the following order: first dry formulations (e.g., wettable powders, dry flowables), next liquid suspensions (e.g., flowables) and finally liquids (e.g., EC's). Allow time for co mplete mixing and dispersion after each addition, adding water as necessary. Complete the addition of spray water. Maintain agitation during fill ing, mixing and application. Use Gauntlet 70 DF Herbicide tank mixtures immediately after mixing. Do not store tank mixtures.

6 Fertilizer Spray Mixtures Applications of Gauntlet 70 DF Herbicide alone, or with recommended tank mixtures, in conjunction with fertilizer solutions may be used unless use directions specifically state otherwise. Small quantities should be tested for compatibility by the following procedure before mixing in full spray tank quantities.

  1. Put 1 pint of fertilizer solution in a quart jar.
  2. Add the appropriate amount of herbicide based on the table below. If more than one product is to be used, add each separately using the following sequence: dry formulations (e.g., wettable powders, dry flowables) first, liquid suspensions (e.g., flowables) next and finally liquids (e.g., ECs).

Herbicide Type Herbicide Field Use Rate Amount Herbicide Added Per Pint Wettable Powder or Dry Flowable 0.5 lb 0.75 teaspoon 1.0 lb 1.50 teaspoons 2.0 lb 3.00 teaspoons 3.0 lb 4.50 teaspoons Emulsified Concentrates 1.0 pt 0.5 teaspoon Liquid Flowables 1.0 qt 1.0 teaspoon 2.0 qt 2.0 teaspoons 3.0 qt 3.0 teaspoons

*Based on a spray volume of 25 gal/A. For lower or higher spray volumes, adjust fluid fertilizer quantity accordingly. 3) Close jar and shake well. 4) Watch mixture for several seconds, again after 5 minutes and again after 30 minutes. If herbicide/fertilizer combination remains mixed or can be remixed readily (i.e., does not permanently separate, foam, gel or become lumpy), the mixture is compatible and can be mixed in full volumes and sprayed. If the mixture is compatible, prepare spray by adding fertilizer solution to the tank first, then follow directions noted below:

Gauntlet 70 DF Herbicide Applied Alone with Liquid Fertilizer In order to add Gauntlet 70 DF Herbicide to a liquid fertilizer carrier, Gauntlet 70 DF Herbicide must be premixed in a slurry of product and clear water. Fill the spray tank one-half full with fertilizer solution. With agitator operating, add the Gauntlet 70 DF Herbicide slurry to the spray tank. Use a minimum of one gallon of water for each container of Gauntlet 70 DF Herbicide. Stir until completely dissolved. Then add slurry to the spray tank through a 20-35 mesh screen. Rinse container used for pre-mixing and add rinsate to the spray tank. Complete filling the s prayer tank with fertilizer. Maintain agitation during filling, mixing and application. Use Gauntlet 70 DF Herbicide spray mixture immediately after mixing. Do not store mixture.

Gauntlet 70 DF Herbicide Applied in Tank Mix Combinations with Fertilizer Fill the spray tank one-half full with fertilizer solution. With the agitator operating, add a slurry of Gauntlet 70 DF Herbici de as described in the preceding paragraph. Next dilute the individual tank mix partners with sufficient water to form a free flowing dispersion, then add to the spray tank of fertilizer. While maintaining agitation, add the other products using the following order: slurry of dry formulations (wettable powders, dry flowables) first, diluted liquid formulations (EC's, flowables) second. Complete filling the sprayer tank with fertilizer. Maintain agitation during filling, mixing and application. Use Gauntlet 70 DF Herbicide tank mixtures immediately after mixing. Do not store tank mixtures.

SPRAYER EQUIPMENT CLEAN-OUT After spraying Gauntlet 70 DF Herbicide and before using sprayer equipment for any other applications, the sprayer must be thor oughly cleaned using the following procedure:

  1. Drain sprayer tank, hoses, and spray boom and thoroughly rinse the inside of the sprayer tank with clean water to remove sediment and residues. Thoroughly flush sprayer hoses, boom and nozzles with clean water.
  2. Fill the tank 1/2 full with clean water, and add appropriate detergent or ammonia (follow manufacturers directions for use) . Fill the tank to capacity and operate the sprayer for 15 minutes to flush hoses, boom, and nozzles.
  3. Convenient and through cleaning of the sprayer can be achieved if the cleaning solution is left in the spray tank, hoses, sp ray booms and spray nozzles overnight or during storage.
  4. Before using the sprayer, drain the sprayer system. Rinse the tank with clean water and flush through the hoses, boom, and n ozzles. Remove and clean spray tips and screens separately with the detergent or ammonia solution.
  5. Properly dispose of all cleaning solution and rinsate in accordance with Federal, State and local regulations and guidelines . Do not drain or flush equipment on or near desirable trees or plant s. Do not contaminate any body of water including irrigation water that may be used on other crops. Should small quantities of Gauntlet 70 DF Herbicide remain in inadequately cleaned mixing, loading and/or spray equipment, they may be released during subsequent applications potentially causing effects to ce rtain crops and other vegetation. FMC accepts no liability for any effects due to inadequately cleaned equipment.

CROP ROTATIONAL RESTRICTIONS Shown below are the minimum intervals in months from the time of Gauntlet 70 DF Herbicide application until Gauntlet 70 DF Herbicide treated soil may be replanted with the crops listed. Cover crops for soil health and erosion control can be planted at any time after an application of Gauntlet 70 DF Herbicide, but do not use for food or feed. Residual activity of Gauntlet 70 DF Herbicide may result in injury to some cover crop species if planted to soon following application. Consult your local University extension service for cover crop sensitivity to Gauntlet 70 DF Her bicide. For crops not listed the interval is 30 months and a successful field bioassay. It is the pesticide users responsibility to ensure that all products in tank mixtures with Gauntlet 70 DF Herbicide are registered for the intended use. Users must follow the most restrictive directions for use and precautionary statements of each product in the tank mixture.

7 CROP ROTATIONAL RESTRICTIONS TABLE Crop Interval (months) Alfalfa 12 Barley 12 Canola 24 Corn, Field* 18 or 10 Corn, Pop* 18 or 10 Corn, Seed* 18 or 10 Corn, Sweet* 18 or 12 Cotton 18 or 12 † Dry shelled beans and peas 9 Lima beans 12 Oats 12 Peanuts 12 Potatoes 18 Rice 10 Rye 12 Snap beans 12 Sorghum 12 Soybeans An ytime Succulent peas 9 Sugar beets** 30 Sunflower** 30 Tobacco*** 30 Wheat 4

  • Corn (including field corn, popcorn and seed corn): Observe an 18 month rotational interval if 6.45 8.0 oz/A of Gauntlet 70 DF Herbicide is applied to soils of 1.5% organic matter or less, and pH is above 7. Hybrid Seed Production: Corn inbred lines grown for hybrid seed production may be injured the growing season following an appli cation of Gauntlet 70 DF Herbicide. Inbred lines should be thoroughly tested for crop tolerance before rotating to production scale acreages. FMC will not accept responsibility for any crop injury on field corn grown for seed following an application of Gauntlet 70 DF Herbicide. **These crops require a 30-month rotational interval and a successful field bioassay. *** Transplanted tobacco may be planted 10 months after application of a maximum application rate of 3.0 oz/A of Gauntlet 70 DF Herbicide. Tobacco in seedbed nurseries may be replanted 18 months after applications of 3.0 oz/A of Gauntlet 70 DF Herbicide and following a successful field bioassay . A rotational interval of 30 months and a successful field bioassay is required for all applications of Gauntlet 70 DF Herbicide greater than 3.0 oz/A. † Cotton may be planted after 12 months where Gauntlet 70 DF Herbicide was applied at rates 5 oz/A or less and meets the followin g conditions: x Medium and fine soils x Ph <7.2 x Rainfall or irrigation must exceed 15” after application of Gauntlet 70 DF Herbicide

REPLANTING INSTRUCTIONS If the initial planting of soybeans fails to produce a uniform stand, soybeans may be replanted in fields treated with Gauntlet 70 DF Herbicide alone. Do not retreat fields with a second application of Gauntlet 70 DF Herbicide. When tank mixing with a labeled product, refer to the replant instructions for that product. Do not replant treated fields with any crop at intervals that are inconsistent with the ROTATIONAL CROP GUIDE LINES on the Gauntlet 70 DF Herbicide label. It is the pesticide users responsibility to ensure that all products in tank mixtures with Gauntlet 70 DF Herbicide are registered for the intended use. Users must follow the most restrictive directions for use and precautionary statements of each product in the tank mixture.

SOYBEANS (Conventional and GMO) TIMING AND METHOD OF APPLICATION Gauntlet 70 DF Herbicide may be used alone or in tank mixture combinations for the control of the weeds listed in conventional or GMO soybean varieties.

Standard Rate Table 1: Soil Organic Matter* Gauntlet 70 DF Herbicide (oz/A)** Product Use Rates (lb ai/A) Sulfentrazone Cloransulam- methyl 3% or less 6.45 0.25 0.032 Greater than 3% 8.00 0.31 0.040 *Do not apply Gauntlet 70 DF Herbicide to soils classified as sand with less than 1% organic matter. **Maximum application rates: See Preplant Surface and Preemergence Application below for specific recommendations.

Preplant Incorporated Application Apply Gauntlet 70 DF Herbicide alone or in tank mix combination with other herbicides registered for preplant incorporated application to soybeans. Incorporate the herbicide(s) into the top 1 to 3 inches of the final seedbed using equipment that provides thorough soil mixing. When Gauntlet 70 DF Herbicide is applied in tank mix combination with other herbicide(s), follow the incorporation directions for the tank mix partner(s). It is the pesticide

8 users responsibility to ensure that all products in tank mixtures with Gauntlet 70 DF Herbicide are registered for the intended use. Users must follow the most restrictive directions for use and precautionary statements of each product in the tank mixture. Preplant Surface Application Apply Gauntlet 70 DF Herbicide alone or in tank mix combination with other herbicides registered for preplant soil surface application to soybeans. If applied in tank mix combination, follow use instructions, including application rates (note: apply 1/2 of the maximum application rate for suppression of weeds in Roundup Ready soybeans, maintaining control with sequential application(s) of registered postemergence herbicides), precautions and restrictions of each product used in the tank mixture.

Preemergence Application Apply at planting time or within 3 days after planting. Gauntlet 70 DF Herbicide may be applied alone or in tank mix combination with other herbicides registered for preemergence application to soybeans. When applied in tank mix combination, follow applicable use instructions, including application rates (note: apply 1/2 of the maximum application rate for suppression of weeds in Roundup Ready soybeans, maintaining control with sequential application(s) of registered postemergence herbicides). Observe the precautions and restrictions of each product used in the ta nk mixture. Apply before planting, at planting time or prior to seed germination. Properly closed seed furrows are necessary when applying at pla nting time of before seed germination. Do not apply later than 3 days after planting (or after seed germination), as crop injury may result. Weeds Controlled When used as directed above, Gauntlet 70 DF Herbicide will provide control or suppression of the following broadleaf weeds and grasses. Common Name Scientific Name Broadleaves Amaranth, Palmer Amaranthus, Palmer Amaranth, spiny Amaranthus, spinosus Anoda, spurred Anoda cristata Beggarweed, Florida Desmondiom tortuosum Carpetweed Mollugo verticillata Cocklebur, common Xanthium Pensylvanicum Copperleaf, Hophornbeam Acalypha ostryeafolia Croton, tropic Croton glandulosus Daisy, American Eclipta alba Dayflower, common Commelina communis Galinsoga, hairy Galinsoga ciliata Groundcherry, clammy Physalis heterophylla Groundcherry, cutleaf Physalis angulata Horseweed (Marestail)* * Hippuris vulgaris Jimsonweed Datura stramonium Kochia Kochia scoparia Ladysthumb Polygonum persicaria Lambsquarters, common Chenopodium album Mallow, Venice Hibiscus trionum Mexicanweed Caperonia castanaefolia Morningglory, entireleaf Ipomea hederacea integriusc Morningglory, ivyleaf Ipomea hederacea hederacea Morningglory, palmleaf Ipomea Wrightii Morningglory, pitted * Ipomea, lacunosa Morningglory, purple Ipomea turbinata Morningglory, red Ipomea coccinea Morningglory, smallflower Jacquemontia tamnifolia Morningglory, tall Ipomea, purpurea Mustard, wild Brassica kaber Nightshade, Eastern black Solanum americanum Nightshade, hairy Solanum sarrachoides Nightshade, silverleaf Solanum elaeagnifolicum Pigweed, redroot Amaranthus retroflexus Pigweed, smooth Amaranthus hybridus Pigweed, tumble Amaranthus albus Poorjoe Diodia teres Purslane, common Portulaca oleracea Pusley, Florida Richardia scabra Ragweed, common ** Ambrosia artemisiifolia Ragweed, giant ** Ambrosia trifida Senna, coffee Cassia occidentalis Teaweed Sida, prickly Smartweed, PA Polygonum pensylvanicum Smellmelon Cucumis melo Spurge, spotted Euphorbia maculata Starbur, bristly Acanthospermum hispidum Sunflower, common Helianthus annuus Thistle, Russian Salsola kali Velvetleaf Abutilon theophrasti Waterhemp, common Amaranthus rudis Waterhemp, tall Amaranthus tuberculatos Grasses Barnyardgrass* Echinochloa crus-galli Broadleaf signalgrass Brachiaria platyphylla Crabgrass, large Digitaria sanguinalis Crabgrass, smooth Digitaria ischaemum Crabgrass, southern* Digitaria ciliaris Crowfootgrass* Dactyloctenium aegyptium Foxtail, giant* Setaria faberi Foxtail, Green* Setaria viridis

9 Foxtail, yellow* Setaria lutescens Goosegrass Eleusine indica Johnsongrass, seedling * Sorghum halapense Orchardgrass Dactylis glomerata Panicum fall* Panicum dichotomiflorum Panicum, Texas Panicum texanum Sedges Nutsedge, purple Cyperus rotundus Nutsedge, yellow Cyperus esculentus Sedge, annual Cares spp.

  • Provides suppression or partial control only
    • Will not control ALS resistant biotypes of these weed species Limited Residual Rates for Planned Sequential Application Program in Soybeans Use rates in Table 2 are to be used in conjunction with an effective planned post herbicide program; Gauntlet 70 DF Herbicide at these reduced rates will provide early season control or suppression to reduce early season weed competition. If resistance with the post herbicide is documented in your area, use rates in Table 1.

Apply before planting, at planting time or prior to seed germination. Properly closed seed furrows are necessary when applying at planting time of before seed germination. Recommended postemergence treatments may include any product or combination of products labeled for use.

Limited Residual Rate Table for Planned Sequential Application Program in Soybeans Table 2: Soil Organic Matter* Gauntlet 70 DF Herbicide (oz/A) Product Use Rates (lb ai/A) Sulfentrazone Cloransulam- methyl 3% or less 3.00 5.00 0.116 0.193 0.015 0.025 Greater than 3% 4.00 6.00 0.155 0.233 0.020 0.030 *Do not apply Gauntlet 70 DF Herbicide to soils classified as sand with less than 1% or ganic matter.

Preplant Burndown Application Gauntlet 70 DF Herbicide, used at 6.45 8.0 oz/A as in Full Rate Table 1 above, aids in the burndown of weeds listed below, when applied as follows. Gauntlet 70 DF Herbicide can provide for increased burndown activity on emerged weeds in no-till applications, but is not intended to replace part or all of an appropriate preplant burndown program. For control of the weeds in the Weeds Controlled table in no- till / minimum till fields, Gauntlet 70 DF Herbicide must be tank-mixed or used in combination with a full burndown program. This may include 2,4- D alone or in combination with carfentrazone-ethyl, dicamba, gl yphosate, glufosinate, paraquat, or other appropriate burndown h erbicides in tank- mixes at their appropriate rate for the size and species of weeds present. Reduced rates of Gauntlet 70 DF Herbicide and/or th e corresponding burndown partner herbicides can result in weed escapes and unsatisfactory performance. Apply a minimum of ten gallons per acre finished spray volume. Thorough coverage is essential. Use a non-ionic surfactant (NIS) having at least 80% active ingredient strength at 0.125-0.25% v/v (1-2 pints per 100 gallons of spray solution) plus ammonium sulfate (AMS) at 2.5% v/v. Crop oil concentrate (COC) and Methylated Seed Oil (MSO) at 1.2% v/v plus ammonium sulfate may be used. Burndown results may be slowed or reduced when the growth of the weeds is affected by unusual environmental factors just prior to or after application such as especially cool or widely fluctuating day and night air temperatures, drought, heat stress, or waterlogged soils. Weeds Controlled When used as directed for burndown, Gauntlet 70 DF Herbicide will aid in the control or suppression of the following broadleaf weeds up to 3” tall.

Common Name Scientific Name Broadleaves Cocklebur, common Xanthium Pensylvanicum Horseweed (Marestail) ** Hippuris vulgaris Jimsonweed Datura stramonium Mallow, Venice Hibiscus trionum Morningglory, entireleaf Ipomea hederacea tinegrisc Morningglory, ivyleaf Ipomea hederacea hederacea Morningglory, palmleaf Ipomea Wrightii Morningglory, pitted * Ipomea lacunosa Morningglory, purple Ipomea turbinata Morningglory, red Ipomea coccinea Morningglory, smallflower Jacquemontia tamnifolia Morningglory, tall Ipomea purpurea Ragweed, common * * Ambrosia artemisiifolia Ragweed, giant * * Ambrosia trifida Sicklepod Cassia obtusifolia Smartweed, PA Polygonum pensylvanicum Sunflower, common Helianthus annuus Velvetleaf * Abutilon theophrasti *For Velvetleaf control, use 28% nitrogen (UAN) or AMS with NIS or COC.

    • Gauntlet 70 DF will not control ALS resistant biotypes of these weed species

Precautions Properly closed seed furrows are necessary when applying at planting time of before seed germination. Maintain spray tank agitation until the spray mixture is applied.

10 Restrictions Do not apply this product through any type of irrigation system.

The maximum single application rate for Gauntlet 70 DF herbicide is 8.0 oz/A (0.35 lb ai/A). The maximum amount of Gauntlet 70 DF that can be applied per year is 8.0 oz/A. Do not apply more than 0.375 lb ai/A of sulfentrazone per year. Do not apply more than 0.055 lb ai/A of cloransulam-methyl cumulative from preplant, preemergence, and postemergence applications per year. Do not feed treated soybean forage or soybean hay to livestock. Do not harvest soybeans for 65 days after application of Gauntlet 70 DF Herbicide. Do not apply Gauntlet 70 DF Herbicide to soils classified as sand containing less than 1% organic matter. Do not drain or flush equipment on or near desirable trees or pl ants. Do not contaminate any body of water including irrigation water that may be used on other crops.

STORAGE AND DISPOSAL Do not contaminate water, food or feed by storage or disposal. Pesticide Storage Store product in original container only, away from other pesticides, fertilizer, food or feed. In Case of Spill Avoid contact, isolate area and keep out animals and unprotected persons. Confine spills. Call CHEMTREC (Transportation and spills): (800) 424-9300. To Confine Spill Dike surrounding area, sweep up spillage. Dispose of in accordance with information given under Pesticide Disposal. Wash spill area with water, absorb with sand, cat litter or commercial clay, sweep up and dispose of in an approved manner. Place damaged package in a holding container. Identify contents per required hazardous waste labeling regulations. Pesticide Disposal Pesticide wastes are toxic. Improper disposal of excess pesticide, spray mixture or rinsate is a violation of Federal law. If these wastes cannot be disposed of by use according to label instructions, contact your State Pesticide or Environmental Control Agency or the Haza rdous Waste representative at the nearest EPA Regional office for guidance. Container Handling Nonrefillable container. Do not reuse or refill this container. Triple rinse container (or equivalent) promptly after emptying. Triple rinse as follows: (For containers greater than 5 gallons) Empty the remaining contents into application equipment or a mix tank. Fill the container 1/4 full with water. Replace and tighten closures. Tip container on its side and roll it back and forth, ensuring at least one complete revolution, for 30 seconds. Stand the container on its end and tip it back and forth several times. Empty the rinsate into application equipment or a mix tank or store rinsate for later use or disposal. Repeat this procedure two more times. Then offer for recycling if available, or reconditioning, or puncture and dispose of in a sanitary landfill, or incineration, or, if allowed by state and local authorities, by burning. If burned, stay out of smoke. (For containers 5 gallons or less) Empty the remaining contents into application equipment or a mix tank and drain for 10 seconds after the flow begins to drip. Fill the container 1/4 full with water and recap. Shake for 10 seconds. Pour rinsate into application equipment or a mix tank or store rinsate for later use or disposal. Drain for 10 seconds after the flow begins to drip. Repeat this procedure two more tim es. Then offer for recycling if available, or reconditioning, or puncture and dispose of in a sanitary landfill, or incineration, or, if allowed by state and local authorities, by burning. If burned, stay out of smoke. Returnable/Refillable Containers - Refill this container with pesticide only. Do not re use this container for any other purpose. Cleaning the container before final disposal is the responsibility of the person disposing of the container. Cleaning before refilling is th e responsibility of the refiller. To clean the container before final disposal, empty the remaining contents into application equipment or mix tank. Fill the container about 10% full with water. Agitate vigorously or recirculate water with the pump for 2 minutes. Pour or pump rinsate into application equipment or rinsate collection s ystem. Repeat this rinsing procedure two more times.

Conditions of Sale and Limitation of Warranty and Liability

Notice: Read the entire Directions for Use and Conditions of Sale and Limitation of Warranty and Liability before buying or using this product. If the terms are not acceptable, return the product at once, unopened, and the purchase price will be refunded.

The Directions for Use of this product must be followed carefully. It is impossible to eliminate all risks inherently associat ed with the use of this product. Crop injury, ineffectiveness, loss of yield or other unintended consequences may result because of such factors as man ner of use or application, weather or crop conditions beyond the control or FMC or Seller. To the extent consistent with applicable law, all such risks shall be assumed by Buyer and User, and Buyer and User agree to hold FMC and Seller harmless for any claims relating to such factors. Seller warrants that this product conforms to the chemical description on the label and is reasonably fit for the purposes stat ed on the Directions for Use when used in accordance with the directions under normal conditions of use. TO THE EXTENT PERMITTED BY APPLICABLE LAW, FMC MAKES NO WARRANTIES OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE, NOR ANY OTHER EXPRESS OR IMPLIED WARRANTIES WITH RESPECT TO THE SELECTION, PURCHASE, OR USE OF THIS PRODUCT. Any warranties, express or implied, having been made are inapplicable if this product has been used contrary to label instructions, or under abnormal conditions, or under conditions not reasonably foreseeable to (or beyond the control of) seller or FMC, and, to the ex tent permitted by applicable law, buyer assumes the risk of any such use. To the extent permitted by applicable law, FMC or seller shall not be liable for any incidental, consequential or special damag es resulting from the use or handling of this product. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE EXCLUSIVE REMEDY OF THE USER OR BUYER, AND THE EXCLUSIVE LIABILITY OF FMC AND SELLER FOR ANY AND ALL CLAIMS. LOSSES, INJURIES OR DAMAGES (INCLUDING CLAIMS BASED ON BREACH OF WARRANTY, CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHERWISE) RESULTING FROM THE USE

11 OR HANDLING OF THIS PRODUCT, SHALL BE THE RETURN OF THE PURCHASE PRICE OF THE PRODUCT OR, AT THE ELECTION OF FMC OR SELLER, THE REPLACEMENT OF THE PRODUCT. This Conditions of Sale and Limitation of Warranty and Liability may not be amended by any oral or written agreement.

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