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Various WA Local Governments 9/21/2022
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Various WA Local Governments 9/21/2022
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Last modified
2/26/2024 7:10:18 AM
Creation date
9/30/2022 2:40:54 PM
Metadata
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Template:
Contracts
Contractor's Name
Various WA Local Governments
Approval Date
9/21/2022
Council Approval Date
9/14/2022
Department
Legal
Department Project Manager
Ramsey Ramerman
Subject / Project Title
Settlement Agreement Opioid Distributors
Tracking Number
0003472
Total Compensation
$0.00
Contract Type
Agreement
Contract Subtype
Interlocal Agreements
Retention Period
6 Years Then Destroy
Imported from EPIC
No
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5. "Local Government(s)" shall mean all counties, cities, and towns <br /> within the geographic boundaries of the State of Washington. <br /> 6. "National Settlement Agreements"means the national opioid <br /> settlement agreements dated July 21, 2021 involving Johnson& Johnson, and <br /> distributors AmerisourceBergen, Cardinal Health and McKesson as well as their <br /> subsidiaries, affiliates, officers, and directors named in the National Settlement <br /> Agreements, including all amendments thereto. <br /> 7. "Opioid Funds" shall mean monetary amounts obtained through a <br /> Settlement as defined in this MOU. <br /> 8. "Opioid Abatement Council" shall have the meaning described in <br /> Section C below. <br /> 9. "Participating Local Government(s)" shall mean all counties, <br /> cities, and towns within the geographic boundaries of the State that have chosen <br /> to sign on to this MOU. The Participating Local Governments may be referred to <br /> separately in this MOU as "Participating Counties" and "Participating Cities and <br /> Towns" (or"Participating Cities or Towns,"as appropriate) or"Parties." <br /> 10. "Pharmaceutical Supply Chain" shall mean the process and <br /> channels through which controlled substances are manufactured, marketed, <br /> promoted, distributed, and/or dispensed, including prescription opioids. <br /> 11. "Pharmaceutical Supply Chain Participant" shall mean any entity <br /> that engages in or has engaged in the manufacture, marketing,promotion, <br /> distribution, and/or dispensing of a prescription opioid, including any entity that <br /> has assisted in any of the above. <br /> 12. "Qualified Settlement Fund Account," or"QSF Account," shall <br /> mean an account set up as a qualified settlement fund, 468b fund, as authorized by <br /> Treasury Regulations 1.468B-1(c) (26 CFR §1.468B-1). <br /> 13. "Regional Agreements" shall mean the understanding reached by <br /> the Participating Local Counties and Cities within an Allocation Region <br /> governing the allocation, management, distribution of Opioid Funds within that <br /> Allocation Region. <br /> 14. "Settlement" shall mean the future negotiated resolution of legal or <br /> equitable claims against a Pharmaceutical Supply Chain Participant when that <br /> resolution has been jointly entered into by the Participating Local <br /> Governments. "Settlement" expressly does not include a plan of reorganization <br /> confirmed under Title 11 of the United States Code, irrespective of the extent to <br /> which Participating Local Governments vote in favor of or otherwise support such <br /> plan of reorganization. <br /> 2 <br />
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