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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-0776E33BOD86 <br />c) The State and all CA Participating Subdivisions receiving CA Abatement Accounts <br />Funds will track all deposits and expenditures. Each such subdivision is responsible <br />solely for the CA Abatement Accounts Funds it receives. A county is not responsible for <br />oversight, reporting, or monitoring of CA Abatement Accounts Funds received by a city <br />within that county that receives direct payment. Unless otherwise exempt, Subdivisions' <br />expenditures and uses of CA Abatement Accounts Funds and other Settlement Funds will <br />be subject to the normal budgetary and expenditure process of the Subdivision. <br />d) Each Plaintiff Subdivision receiving CA Subdivision Funds will track all deposits and <br />expenditures, as required by the Allergan Settlement Agreement and this CA Allergan <br />Allocation Agreement. Among other things, Plaintiff Subdivisions using monies from <br />the CA Subdivision Fund for purposes that do not qualify as Opioid Remediation must <br />identify and include in their annual report, the amount and how such funds were used, <br />including if used to pay attorneys' fees, investigation costs, or litigation costs. Pursuant <br />to Section VIII(C) of the Allergan Settlement Agreement, such information must also be <br />reported to the Settlement Fund Administrator and Allergan. <br />e) In each year in which DHCS prepares an annual report DHCS will also host a meeting <br />to discuss the annual report and the Opioid Remediation activities being carried out by <br />the State and Participating Subdivisions. <br />6. Miscellaneous <br />a) The State or any CA Participating Subdivision may bring a motion or action in the court <br />where the State has filed its Consent Judgment to enforce the requirements of this CA <br />Allergan Allocation Agreement. Before filing such a motion or action the State will meet <br />and confer with any CA Participating Subdivision that is the subject of the anticipated <br />motion or action, and vice versa. <br />b) Except as provided in the Allergan Settlement Agreement, this CA Allergan Allocation <br />Agreement is not enforceable by any party other than the State and the CA Participating <br />Subdivisions. It does not confer any rights or remedies upon, and shall not be <br />enforceable by, any third party. <br />c) Except as provided in the CA Allergan Allocation Agreement, if any provision of this <br />agreement or the application thereof to any person, entity, or circumstance shall, to any <br />extent, be invalid or unenforceable, the remainder of this agreement, or the application of <br />such provision to persons, entities, or circumstances other than those as to which it is <br />invalid or unenforceable, will not be affected thereby, and each other provision of this <br />agreement will be valid and enforceable to the fullest extent permitted by law. <br />d) Except as provided in the Allergan Settlement Agreement, this agreement shall be <br />governed by and interpreted in accordance with the laws of California. <br />
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