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KROGER NATIONAL OPIOIDS SETTLEMENT
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Last modified
8/9/2024 2:49:08 PM
Creation date
8/9/2024 11:06:07 AM
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Contracts
Company Name
KROGER NATIONAL OPIOIDS SETTLEMENT
Contract #
A-2024-122
Agency
City Attorney's Office
Council Approval Date
8/6/2024
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Docusign Envelope ID: 16E112FF-704F-42CB-8ECE-9B04A027CEOD <br />Subdivision Participation and Release Form <br />Governmental Entity: Santa Ana city <br />State: CA <br />Authorized Signatory: Alvaro Nunez City Manager <br />Address 1: P.O. Box 1988 <br />Address 2: 20 Civic Center Plaza <br />City, State, Zip: Santa Ana, California 92702 <br />Phone: <br />Email: ANunez Santa-ana.or <br />The governmental entity identified above ("Governmental Entity"), in order to obtain and <br />in consideration for the benefits provided to the Governmental Entity pursuant to the Settlement <br />Agreement dated March 22, 2024 ("Kroger Settlement"), and acting through the undersigned <br />authorized official, hereby elects to participate in the Kroger Settlement, release all Released <br />Claims against all Released Entities, and agrees as follows. <br />1. The Governmental Entity is aware of and has reviewed the Kroger Settlement, <br />understands that all terms in this Participation and Release Form have the meanings <br />defined therein, and agrees that by executing this Participation and Release Form, the <br />Governmental Entity elects to participate in the Kroger Settlement and become a <br />Participating Subdivision as provided therein. <br />2. The Governmental Entity shall promptly, and in any event no later than 14 days after the <br />Reference Date and prior to the filing of the Consent Judgment, dismiss with prejudice <br />any Released Claims that it has filed. With respect to any Released Claims pending in In <br />re National Prescription Opiate Litigation, MDL No. 2804, the Governmental Entity <br />authorizes the Plaintiffs' Executive Committee to execute and file on behalf of the <br />Governmental Entity a Stipulation of Dismissal with Prejudice substantially in the form <br />found at htips:llnationalopioidsettlement.com/ <br />3. The Governmental Entity agrees to the terms of the Kroger Settlement pertaining to <br />Participating Subdivisions as defined therein. <br />4. By agreeing to the terms of the Kroger Settlement and becoming a Releasor, the <br />Governmental Entity is entitled to the benefits provided therein, including, if applicable, <br />monetary payments beginning after the Effective Date. <br />5. The Governmental Entity agrees to use any monies it receives through the Kroger <br />Settlement solely for the purposes provided therein. <br />6. The Governmental Entity submits to the jurisdiction of the court in the Governmental <br />Entity's state where the Consent Judgment is filed for purposes limited to that court's role <br />as provided in, and for resolving disputes to the extent provided in, the Kroger <br />Settlement. The Governmental Entity likewise agrees to arbitrate before the National <br />Ell o <br />1 �r <br />0 <br />
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