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8. The Parties anticipate that any Opioid Funds they receive will be <br /> subject to a common benefit"tax" imposed by the court in In Re:National <br /> Prescription Opiate Litigation, United States District Court for the Northern <br /> District of Ohio, Case No. 1:17-md-02804-DAP ("Common Benefit Tax"). If this <br /> occurs, the Participating Local Governments shall first seek to have the settling <br /> defendants pay the Common Benefit Tax. If the settling defendants do not agree <br /> to pay the Common Benefit Tax,then the Common Benefit Tax shall be paid <br /> from the Opioid Funds and by both litigating and non-litigating Local <br /> Governments. This payment shall occur prior to allocation and distribution of <br /> funds to the Participating Local Governments. In the event that GFF is not fully <br /> exhausted to pay the Litigating Local Governments' private counsel's <br /> representation agreements, excess funds in the GFF shall be applied to pay the <br /> Common Benefit Tax(if any). <br /> E. General Terms <br /> 1. If any Participating Local Government believes another <br /> Participating Local Government, not including the Regional Abatement Advisory <br /> Councils, violated the terms of this MOU, the alleging Participating Local <br /> Government may seek to enforce the terms of this MOU in the court in which any <br /> applicable Settlement(s) was entered,provided the alleging Participating Local <br /> Government first provides the alleged offending Participating Local Government <br /> notice of the alleged violation(s)and a reasonable opportunity to cure the alleged <br /> violation(s). In such an enforcement action, any alleging Participating Local <br /> Government or alleged offending Participating Local Government may be <br /> represented by their respective public entity in accordance with Washington law. <br /> 2. Nothing in this MOU shall be interpreted to waive the right of any <br /> Participating Local Government to seek judicial relief for conduct occurring <br /> outside the scope of this MOU that violates any Washington law. In such an <br /> action, the alleged offending Participating Local Government, including the <br /> Regional Abatement Advisory Councils, may be represented by their respective <br /> public entities in accordance with Washington law. In the event of a conflict, any <br /> Participating Local Government, including the Regional Abatement Advisory <br /> Councils and its Members, may seek outside representation to defend itself <br /> against such an action. <br /> 3. Venue for any legal action related to this MOU shall be in the <br /> court in which the Participating Local Government is located or in accordance <br /> with the court rules on venue in that jurisdiction. This provision is not intended to <br /> expand the court rules on venue. <br /> 4. This MOU may be executed in two or more counterparts, each of <br /> which shall be deemed an original, but all of which shall constitute one and the <br /> same instrument. The Participating Local Governments approve the use of <br /> electronic signatures for execution of this MOU. All use of electronic signatures <br /> 10 <br />