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Docusign Envelope ID: 16Ell2FF-704F42CB-8ECE-9B04A027CEOD <br />BY E-MAIL <br />March 28, 2024 <br />David Jones <br />Supervising Deputy Attorney General <br />Healthcare Rights & Access Section <br />Department of Justice <br />1300 I Street <br />Sacramento, CA 95814 <br />Phone: (916) 210-7861 <br />Email: David.Jones@doj.ca.gov <br />Re: Kroger Opioids Settlement Agreement <br />Dear Mr. Jones: <br />Weil, Gotshal & Mangos LLP <br />2001 M Street, NW Suite 600 <br />Washington, DC 20036 <br />+1 202 682 7000 tel <br />+1 202 857 0940 fax <br />Chantale Fiebig <br />+1 (202) 682-7200 <br />Chantale.Fiebig@w ll.com <br />This letter summarizes the agreement reached between Kroger and the State of California regarding the <br />multistate Kroger Settlement Agreement dated March 22, 2024 regarding opioid claims by states and <br />subdivisions (the "Multistate Kroger Settlement Agreement"). <br />The Kroger Co. and all of its direct and indirect subsidiaries ("Kroger"), and the State of California, by <br />and through its Attorney General Rob Bonta, have agreed to the following modification to the Multistate <br />Kroger Settlement Agreement in its application to California. For the avoidance of doubt, the limited <br />modification set forth below applies only to California and to no other state or territory. <br />The "Prescription Red Flag" described in Section IX(5)(a) of Exhibit P to the Multistate Kroger Settlement <br />Agreement is modified in its entirety to read as follows: <br />A Controlled Substance prescription fails to meet the requirements of law. For the sake of <br />clarity, minor deficiencies in the patient's name, address, date of birth, or contact <br />information are not a red flag if the pharmacist, in his or her professional judgment and <br />usual course of practice, is able to resolve these deficiencies with the patient. <br />This limited California -specific modification was a necessary condition for California's decision to sign - <br />on as a participating state to the Multistate Kroger Settlement Agreement. <br />For the avoidance of doubt, all other terms and provisions in the Multistate Kroger Settlement Agreement <br />remain the same, including without limitation all "Prescription Red Flags" not specified above, all <br />