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Docusign Envelope ID: D1EF72EC-17B5-459A-93D1-E82ABEFBOE5C <br />APPENDIX 2 <br />CALIFORNIA-SUBDIVISION BACKSTOP AGREEMENT <br />On August 6, 2021, Judge Polster of the US District Court for the Northern District of Ohio <br />issued an Order (the Order), docket number 3814, in In Re National Prescription Opiate <br />Litigation, MDL 2804, addressing contingent attorney fee contracts between political <br />subdivisions eligible to participate in the Sun Settlement and their counsel. <br />In light of the Order, and at the request of the City of Santa Ana, the City of Santa Ana, its <br />counsel Robins Kaplan LLP, and the California Attorney General, on behalf of the State of <br />California, are entering into this California -Subdivision Backstop Agreement (Backstop <br />Agreement). <br />The City of Santa Ana and Robins Kaplan LLP intend this Backstop Agreement to constitute a <br />State Back- Stop Agreement as that term is used in the Order and in Exhibit R (Agreement on <br />Attorneys' Fees, Costs, and Expenses) of the Sun Settlement Agreement. <br />Pursuant to this Backstop Agreement, the City of Santa Ana may, subject to the limitations of the <br />Sun Settlement Agreement and CA Sun Allocation Agreement, as well as any other limitations <br />imposed by law, use funds that it receives from the Sun Settlement CA Subdivision Fund to pay <br />a contingent fee to Robins Kaplan LLP. Any such payment from the City of Santa Ana to Robins <br />Kaplan LLP from the City of Santa Ana's CA Subdivision Fund allocation will not exceed <br />[PERCENTAGE NOT TO EXCEED ONE-THIRD OR 5% OUT OF THE 15%] out of the City <br />of Santa Ana's 15% CA Subdivision Fund allocation; provided further that such payments, <br />together with any contingency -fees that Robins Kaplan LLP may receive from the Attorney Fee <br />Fund will not exceed a total contingency fee of 15% of the total gross recovery of the City of <br />Santa Ana from the Sun Settlement Agreement. <br />Robins Kaplan LLP certify that they first sought fees and costs from the Attorney Fee Fund <br />created under the Sun Settlement Agreement before seeking or accepting payment under this <br />backstop agreement. Robins Kaplan LLP further certify that they are not seeking and will not <br />accept payment under this backstop agreement of any litigation fees or costs that have been <br />reimbursed through prior settlements or judgments. <br />The Attorney General is executing this agreement solely because the definition of "State Back - <br />Stop Agreement" in Exhibit R of the Sun Settlement Agreement requires such agreements to be <br />between "a Settling State" and private counsel for a participating subdivision. Neither the <br />California Attorney General nor the State of California have any obligations under this Backstop <br />Agreement, and this Backstop Agreement does not req ire the payment ny state funds to <br />the City of Santa Ana, Robins Kaplan LLP, or a y o r party. <br />04 , 2025 <br />Alvaro Nunez, City Man er <br />, 2025 <br />By: <br />Robins Kaplan LLP <br />[ATTORNEY GENERAL SIGNATURE BLOCK] o <br />I <br />