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DocuSin Envelope ID: B15AAEBD-74AB-4EFF-B97F-0776E33BOD86 iNSURAIviE u'. REQUIRED A-2023-060-05 WORK M=.Y ROCEED Proposed California State -Subdivision Agreement CLERK OF THE COUNCIL Regarding Distribution and Use of Settlement Funds — Allergan Settlement DATE: 1. Introduction m C`J Pursuant to the Allergan Settlement Agreement, dated as of November 22, 2022, and any N revision thereto (the "Allergan Settlement Agreement'), including Section VIII and Exhibit O, the State of California proposes this agreement (the "CA Allergan Allocation Agreement') to a govern the allocation, distribution, and use of Settlement Fund payments made to California �t pursuant to Sections VI, VII, and VIII of the Allergan Settlement Agreement. For the avoidance of doubt, this agreement does not apply to payments made pursuant to Sections XII or XIII of the Allergan Settlement Agreement. Pursuant to Exhibit O, Paragraph 4, of the Allergan Settlement Agreement, acceptance of this CA Allergan Allocation Agreement is a requirement to be an Initial Participating Subdivision.' Further, pursuant to Sections X.B and X.0 of the Teva Settlement Agreement and Sections IX.B and IX.0 of the Allergan Settlement Agreement, eligible Subdivisions must participate in both the Teva Settlement Agreement and Allergan Settlement Agreement, or neither.' 2. Definitions a) CA Participating Subdivision means a Participating Subdivision that is also (a) a Plaintiff Subdivision and/or (b) a Subdivision with a population equal to or greater than 10,000. For the avoidance of doubt, eligible CA Participating Subdivisions are those California subdivisions listed in Exhibit C (excluding Litigating Special Districts) and/or Exhibit I to the Allergan Settlement Agreement. b) Teva Settlement Agreement means the Teva Settlement Agreement dated November 22, 2022, and any revision thereto. c) CPS Settlement Agreement means the CVS Settlement Agreement dated December 9, 2022, and any revision thereto as well as any modification thereto entered into by the State of California and CVS. d) Distributor Settlement Agreement means the Distributor Settlement Agreement dated July 21, 2021, and any revision thereto. e) Janssen Settlement Agreement means the Janssen Settlement Agreement dated July 21, 2021, and any revision thereto. r A parallel but separate agreement (the "CA Teva Allocation Agreement') will govern the allocation, distribution, and use of settlement fund payments under the Teva Settlement Agreement. ' However, if Teva enters bankruptcy prior to the Effective Date, an eligible Subdivision can choose to only join the Allergan Settlement Agreement.