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INSURANCE NOT REQUIRED Return FULLLY EXECUTED o ' WORK MAY PROCEED Copy to COTC, M-30 A-2023-060-01 A CITY CLERK N DATE: l APPENDIX 3 o Cm J CALIFORNIA-SUBDIVISION BACKSTOP AGREENrc T On August 6, 2021, Judge Polster of the US District Court for the Northern District of Ohio issued an Order (the Order), docket number 3814, in In Re National Prescription Opiate Litigation, NIDL 2804, addressing contingent attorney fee contracts between political subdivisions eligible to participate in the Walmart Settlement and their counsel. In light of the Order, and at the request of the City of Santa Ana, the City of Santa Ana, its counsel Robins Kaplan LLP, and the California Attorney General, on behalf of the State of California, are entering into this California -Subdivision Backstop Agreement (Backstop Agreement). The City of Santa Ana and Robins Kaplan LLP intend this Backstop Agreement to constitute a State Back- Stop Agreement as that term is used in the Order and in Exhibit R (Agreement on Attorneys' Fees, Costs, and Expenses) of the Walmart Settlement Agreement. Pursuant to this Backstop Agreement, the City of Santa Ana may, subject to the limitations of the Walmart Settlement Agreement and CA Walmart Allocation Agreement, as well as any other limitations imposed by law, use funds that it receives from the Walmart Settlement CA Subdivision Fund to pay a contingent fee to Robins Kaplan LLP. Any such payment from the City of Santa Ana to Robins Kaplan LLP, together with any contingency fees that Robins Kaplan LLP may receive from the national Attorney Fee Fund, will not exceed a total contingency fee of 15% of the total gross recovery of City of Santa Ana from the Walmart Settlement. Robins Kaplan LLP certifies that they first sought fees and costs from the Attorney Fee Fund created under the Walmart Settlement Agreement before seeking or accepting payment under this backstop agreement. Robins Kaplan LLP further certify that they are not seeking and will not accept payment under this backstop agreement of any litigation fees or costs that have been reimbursed through prior settlements or judgments. The Attorney General is executing this agreement solely because the definition of "State Back - Stop Agreement" in Exhibit R of the Walmart Settlement Agreement requires such agreements to be between "a Settling State" and private counsel for a participating subdivision. Neither the California Attorney General nor the State of California have any obligations under this Backstop Agreement, and this Backstop Agreement does not require the payment of any state funds to the City of Sant Ana, Robins Kaplan LLP, or any ��other part Dated: —f lZ 2023 City of Santa Ana Dated: 12023 Dated: 2023 Robins Kaplan LLP ATTORNEY GENERAL