Res. #22-002 - Approving Participation in Opioid Litigation Settlements

Home Browse Search

any payment from. the Backstop Funds shall be transparent, public, final, and not appealable. L Distribution of Anv Excess Funds. I'o the extent the special master determines that the Backstop Fund exceeds the amount necessary for payment to Counsel, the special niaster shall. distribute any excess amount to Participating Local Governments according to the percentages set forth in Exhibit B. I lel.m.. The Backstop Fund %Alfl I be administered For (a) the length of the National litigation Settlement payments-, or (b) until all Counsel Bor Litigating Local Governments have either (i) received payments equal to the Backstop FUnd Payment Cap above or (ii) received the full amount. determined by the special master; whichever occurs first. K. No State Funds TowardAttorne\ Fees. For the avoidance of doubt, no portion of the State Abate mentFaun. d will be -used tofand the Backstop Fund or in any other way to fund any Litig,ating Local GoverrimenCs attorney fees and expenses. Any funds that the State receives from the National Settlement, Agreements as attorney fees and costs or in lieu of attorney fees and costs, including theAdditional Restitution Arnounts, will be treated as State Abatement Funds. VIL General Terms .A.. Scope ofaVTeemen.t. This MOA applies to all settlements Linder the National Settlement Agreements with Settling Defendants and the Bankruptcy Resolutions with Bank-ruptcy Defendants.' The Parties agree to discuss the use, as the Parties may deem appropriate in the future, of the settlement terms set out herein (after any necessary amendments) for resolutions with Opioid Supply Chain Participants not covered by the National Settlement Agreements or a BankruptcyResolution. The Parties acknowledge that this MOA. does not excuse any requirements placed upon them by the ternns of the National Settlement Agreements or any Bankruptcy Resolution, except to the extent those terms allow for a State -Subdivision Agreement to do so. B. When MOA. takes effect. This MOA shall become effective at the time a sufficient number of Local Governments have joined the MOA to qualil°y this MOA as a state.- ubdivision Agreement under the National Settlement Agreements or as a Statewide Abatement Agreement under any Bankruptcy Resolution. If this MOA does not thereby qualify as a State -Subdivision Agreement or Statewide AbaternentAgreement, this M.OA. will have no effect. 2. The Parties may conditionally agree to sign. onto the MOA through. aletter of intent, resolution, or similar written statement, declaration, or pronouncement declaring 4 For the avoidance of'doubt, this includes settlements reached with AinerisourceBergen, Cardinal Health. and. McKesson, Lind Janssen, and Bankruptcy Resolutions involving Purdue Pharnia L.P., and Mallinck.rodt plc.