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Last modified
4/12/2023 3:24:36 PM
Creation date
4/12/2023 3:24:11 PM
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Contracts
Company Name
TEVA
Contract #
A-2023-060-02
Agency
City Attorney's Office
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DocuSign Envelope ID: B15AAEBD-74AB-4EFF-B97F-0776E33BOD86 <br />A-2023-060-02 <br />INSURANCE NOT REQUIREi, <br />WORK MAY PROCEED Proposed California State -Subdivision Agreement <br />Regarding Distribution and Use of <br />CLERK OF THE COUNCIL Settlement Funds—Teva Settlement <br />DATE: 1. Introduction <br />Pursuant to the Teva Settlement Agreement, dated as of November 22, 2022, and any revision <br />v thereto (the "Teva Settlement Agreement"), including Section VIII and Exhibit O, the State of <br />California proposes this agreement (the "CA Teva Allocation Agreement") to govern the <br />allocation, distribution, and use of Settlement Fund payments made to California pursuant to <br />Sections VI, VII, and VIII of the Teva Settlement Agreement. For the avoidance of doubt, this <br />agreement does not apply to payments made pursuant to Sections IX, XIII, or XIV of the Teva <br />Settlement Agreement. <br />Pursuant to Exhibit O, Paragraph 4, of the Teva Settlement Agreement, acceptance of this CA <br />Teva Allocation Agreement is a requirement to be an Initial Participating Subdivision.' <br />Further, pursuant to Sections X.B and X.0 of the Teva Settlement Agreement and Sections IX.B <br />and IX.0 of the Allergan Settlement Agreement, eligible Subdivisions must participate in both <br />the Teva Settlement Agreement and Allergan Settlement Agreement, or neither. <br />2. Definitions <br />a) CA Participating Subdivision means a Participating Subdivision that is also (a) a <br />Plaintiff Subdivision and/or (b) a Subdivision with a population equal to or greater <br />than 10,000. For the avoidance of doubt, eligible CA Participating Subdivisions are <br />those California subdivisions listed in Exhibit C (excluding Litigating Special <br />Districts) and/or Exhibit I to the Teva Settlement Agreement. <br />b) Allergan Settlement Agreement means the Allergan Settlement Agreement dated <br />November 22, 2022, and any revision thereto. <br />c) CVS Settlement Agreement means the CVS Settlement Agreement dated December 9, <br />2022, and any revision thereto as well as any modification thereto entered into by the <br />State of California and CVS. <br />d) Distributor Settlement Agreement means the Distributor Settlement Agreement dated <br />July 21, 2021, and any revision thereto. <br />e) Janssen Settlement Agreement means the Janssen Settlement Agreement dated July <br />21, 2021, and any revision thereto. <br />f) Walgreens Settlement Agreement means the Walgreens Settlement Agreement dated <br />December 9, 2022, and any revision thereto. <br />'A parallel but separate agreement (the "CA Allergan Allocation Agreement") will govern the <br />allocation, distribution, and use of settlement fund payments under the Allergan Settlement <br />Agreement. <br />
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