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Last modified
4/12/2023 3:20:14 PM
Creation date
4/12/2023 3:19:29 PM
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Contracts
Company Name
ALLERGAN
Contract #
A-2023-060-05
Agency
City Attorney's Office
Council Approval Date
4/4/2023
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DocuSign Envelope ID: B15AAEBD-74AB-4EFF-B97F-0776E33BOD66 <br />f) Walgreens Settlement Agreement means the Walgreens Settlement Agreement dated <br />December 9, 2022, and any revision thereto. <br />g) Walmart Settlement Agreement means the Walmart Settlement Agreement dated <br />November 14, 2022, and any revision thereto. <br />h) CA Litigating Special District means a Litigating Special District located in <br />California. CA Litigating Special Districts include Downey Unified School District, <br />Elk Grove Unified School District, Kern High School District, Montezuma Fire <br />Protection District (located in Stockton, California), Santa Barbara San Luis Obispo <br />Regional Health Authority, Inland Empire Health Plan, Health Plan of San Joaquin, <br />San Leandro Unified School District, Pleasant Valley School District Board, and <br />LA Care Health Plan. <br />i) Plaintiff Subdivision means a Subdivision located in California, other than a CA <br />Litigating Special District, that filed a lawsuit, on behalf of the Subdivision and/or <br />through an official of the Subdivision on behalf of the People of the State of <br />California, against one or more Opioid Defendants prior to October 1, 2020. <br />j) Opioid Defendant means any defendant (including but not limited to Teva <br />Pharmaceutical Industries Ltd., Allergan Finance, LLC, Allergan Limited, CVS <br />Health Corporation, CVS Pharmacy, Inc., Walgreen Co., Walmart Inc., Johnson & <br />Johnson, Janssen Pharmaceuticals, Inc., Purdue Pharma L.P., Cardinal Health, Inc., <br />AmerisourceBergen Corporation, and McKesson Corporation) named in a lawsuit <br />seeking damages, abatement, or other remedies related to or caused by the opioid <br />public health crisis in any lawsuit brought by any state or local government on or <br />before October 1, 2020. <br />3. General Terms <br />This agreement is subject to the requirements of the Allergan Settlement Agreement, as well as <br />applicable law, and the Allergan Settlement Agreement governs over any inconsistent provision <br />of this CA Allergan Allocation Agreement. Terms used in this CA Allergan Allocation <br />Agreement have the same meaning as in the Allergan Settlement Agreement unless otherwise <br />defined herein. <br />Pursuant to Section VIII(E)(1) of the Allergan Settlement Agreement, (a) all Settlement Fund <br />payments will be used for Opioid Remediation, except as allowed by Section VIII(C) of the <br />Allergan Settlement Agreement; and (b) at least seventy percent (70%) of Settlement Fund <br />payment amounts will be used solely for future Opioid Remediation. <br />4. State Allocation <br />0 <br />2 <br />
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