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C. Litigating Subdivisions must dismiss the Settling Distributors with <br /> prejudice from their lawsuits. The Litigating Subdivisions are listed on <br /> Exhibit B of the Distributors Settlement. <br /> D. The Local Government must execute and return the One Washington <br /> Memorandum of Understanding Between Washington Municipalities <br /> ("MOU") agreed to by the Participating Local Governments in <br /> Washington State,which is attached hereto as Exhibit 3.As specified in <br /> Paragraph 10.A of this Allocation Agreement,the Local Government may <br /> elect in its discretion to execute the MOU for purposes of this Allocation <br /> Agreement only. <br /> A Local Government that meets all of the conditions in this paragraph shall be <br /> deemed a"Participating Local Government."Alternatively, if the requirements of <br /> Paragraphs 2(A), 2(B), and 2(C) of this Allocation Agreement are satisfied and <br /> this Allocation Agreement becomes effective,then all Local Governments that <br /> comply with Paragraph 3(B)of this Allocation Agreement shall be deemed a <br /> "Participating Local Government." <br /> 4. This Allocation Agreement applies to the Washington Abatement Amount as <br /> defined in Section IV.A of the Distributors Settlement. The maximum possible <br /> Washington Abatement Amount for the Distributors Settlement is <br /> $430,249,769.02. As specified in the Global Settlement,the Washington <br /> Abatement Amount varies dependent on the percentage of Primary Subdivisions <br /> that choose to become Participating Local Governments and whether there are <br /> any Later Litigating Subdivisions as defined in Section I.EE of the Global <br /> Settlement. <br /> 5. This Allocation Agreement does not apply to the Washington Fees and Costs as <br /> defined in Section V of the Distributors Settlement. After satisfying its obligations <br /> to its outside counsel for attorneys' fees and costs,the State estimates that it will <br /> receive approximately$46 million for its own attorneys' fees and costs pursuant <br /> to Section V.B.1 of the Distributors Settlement. The State shall utilize any and all <br /> amounts it receives for its own attorneys' fees and costs pursuant to Section V.B.1 <br /> of the Distributors Settlement to provide statewide programs and services for <br /> Opioid Remediation as defined in Section I.SS of the Global Settlement. <br /> 6. While this Allocation Agreement does not apply to the Washington Fees and <br /> Costs as defined in Section V of the Distributors Settlement, Section V.B.2 of the <br /> Distributors Settlement estimates that the Settling Distributors shall pay <br /> $10,920,914.70 to Participating Litigating Subdivisions' attorneys for fees and <br /> costs. The actual amount may be greater or less. This Allocation Agreement and <br /> the MOU are a State Back-Stop Agreement. The total contingent fees an attorney <br /> receives from the Contingency Fee Fund pursuant to Section II. D in Exhibit R <br /> the Global Settlement,the MOU, and this Allocation Agreement combined cannot <br /> exceed 15%of the portion of the LG Share paid to the Litigating Local <br /> Government that retained that firm (i.e., if City X filed suit with outside counsel <br /> 2 <br />