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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: B16AAEBD-74AB-4EFF-B97F-0776E33BOD86 <br />The Settlement Fund payments to California,' pursuant to the Allergan Settlement Agreement, <br />shall be allocated as follows: 15% to the State Fund; 70% to the Abatement Accounts Fund; and <br />15% to the Subdivision Fund. For the avoidance of doubt, all funds allocated to California from <br />the Settlement Fund shall be combined pursuant to this CA Allergan Allocation Agreement, and <br />15% of that total shall be allocated to the State of California (the "State of California <br />Allocation"), 70% to the California Abatement Accounts Fund ("CA Abatement Accounts <br />Fund"), and 15% to the California Subdivision Fund ("CA Subdivision Fund"). <br />A. State of California Allocation <br />Fifteen percent of the total Settlement Fund payments will be allocated to the State and used by <br />the State for future Opioid Remediation. <br />B. CA Abatement Accounts Fund <br />Allocation of CA Abatement Accounts Funds <br />a) Seventy percent of the total Settlement Fund payments will be allocated to the CA <br />Abatement Accounts Fund. The funds in the CA Abatement Accounts Fund will be <br />allocated based on the allocation model developed in connection with the proposed <br />negotiating class in the National Prescription Opiate Litigation (MDL No. 2804), as <br />adjusted to reflect only those cities and counties that are eligible, based on population or <br />litigation status, to become a CA Participating Subdivision. The percentage from the CA <br />Abatement Accounts Fund allocated to each CA Participating Subdivision is set forth in <br />Appendix 1 in the column entitled abatement percentage (the "Local Allocation"). For <br />the avoidance of doubt, CA Litigating Special Districts and California towns, cities, and <br />counties with a population less than 10,000 are not eligible to receive an allocation of CA <br />Abatement Accounts Funds. <br />b) A CA Participating Subdivision that is a county, or a city and county, will be allocated its <br />Local Allocation share as of the date on which it becomes a Participating Subdivision, <br />and will receive payments as provided in the Allergan Settlement Agreement. <br />c) A CA Participating Subdivision that is a city will be allocated its Local Allocation share <br />as of the date on which it becomes a Participating Subdivision. The Local Allocation <br />share for a city that is a CA Participating Subdivision will be paid to the county in which <br />the city is located, rather than to the city, so long as: (a) the county is a CA Participating <br />Subdivision, and (b) the city has not advised the Settlement Fund Administrator that it <br />requests direct payment at least 60 days prior to a Payment Date. A Local Allocation <br />share allocated to a city but paid to a county is not required to be spent exclusively for <br />abatement activities in that city, but will become part of the county's share of the CA <br />Abatement Accounts Funds, which will be used in accordance with Section 4.B.ii (Use <br />of <br />' For purposes of clarity, use of the term "California" refers to the geographic territory of <br />California and the state and its local governments therein. The term "State" or "State of <br />California" refers to the State of California as a governmental unit. <br />o aj <br />3 0 <br />
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