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Last modified
4/13/2023 10:05:40 AM
Creation date
4/12/2023 3:24:52 PM
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Contracts
Company Name
WALMART
Contract #
A-2023-060-01
Agency
City Attorney's Office
Council Approval Date
4/4/2023
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Docu5lgn Envelope ID: B15AAEBD-74AB-4EFF-B97F-0776E33BOD86 <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 <br />and/or through an official of the Subdivision on behalf of the People of the State <br />of 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 Walmart Settlement Agreement, as well as <br />applicable law, and the Walmart Settlement Agreement governs over any inconsistent provision <br />of this CA Walmart Allocation Agreement. Terms used in this CA Walmart Allocation <br />Agreement have the same meaning as in the Walmart Settlement Agreement unless otherwise <br />defined herein. <br />Pursuant to Section V(D)(1) of the Walmart Settlement Agreement, (a) all Settlement Fund <br />payments will be used for Opioid Remediation, except as allowed by Section V(B)(2) of the <br />Walmart 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 />The Settlement Fund payments to California,' pursuant to the Walmart 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 Walmart 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 />I 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 />
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