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Docusign Envelope ID:F617E359-4OD9-46EO-BD71-OF5OB4798B26
<br /> c) Plaintiff Subdivision means a Subdivision located in California, other than a CA
<br /> Litigating Special District,that filed a lawsuit, on behalf of the Subdivision and/or
<br /> through an official of the Subdivision on behalf of the People of the State of
<br /> California, against one or more Opioid Defendants prior to October 1,2020.
<br /> d) Opioid Defendant means any defendant(including but not limited to Alvogen, Inc.
<br /> Amneal Pharmaceuticals LLC; Apotex Corp.,Hikma Pharmaceuticals USA Inc. f/k/a
<br /> West-Ward Pharmaceuticals Corp.; Indivior Inc.;Viatris Inc. a/k/a Mylan N.V.; Sun
<br /> Pharmaceutical Industries, Inc.; Zydus Pharmaceuticals (USA) Inc.; Kroger Co., Teva
<br /> Pharmaceutical Industries Ltd.,Allergan Finance, LLC, Allergan Limited, CVS
<br /> Health Corporation, CVS Pharmacy, Inc., Walgreen Co., Walmart Inc., Johnson&
<br /> Johnson, Janssen Pharmaceuticals, Inc.,Purdue Pharma L.P., Cardinal Health,Inc.,
<br /> Cencora, Inc. f/k/a AmerisourceBergen Corporation,McKesson Corporation,Dr.
<br /> Richard S. Sackler, Beverly Sackler, Jonathan Sackler,David Sackler,Marianna
<br /> Sackler, Theresa Sackler, Ilene Sackler Lefcourt, Dr. Kathe Sackler, and Mortimer
<br /> D.A. Sackler) named in a lawsuit seeking damages, abatement, or other remedies
<br /> related to or caused by the opioid public health crisis in any lawsuit brought by any
<br /> state or local government on or before October 1, 2020.
<br /> 3. General Terms
<br /> This Agreement is subject to the requirements of the Governing Documents, as well as
<br /> applicable law, and the Governing Documents govern over any inconsistent provision of this
<br /> California Purdue/Sackler State-Subdivision Agreement. Terms not otherwise defined herein
<br /> shall have the same meaning as in the Governing Documents.
<br /> All payments made to the State of California and CA Participating Subdivisions subject to this
<br /> Agreement will be used for Opioid Remediation, except as allowed by Section 5.02(b) of the
<br /> GESA and Section 4.01(f)(ii)of the MSA.
<br /> This Agreement does not apply to funds received by California for attorneys' fees and cost,
<br /> including payments from the Local Government Costs and Expenses Fund or the State Expenses
<br /> Fund, unless otherwise noted.
<br /> 4. State Allocation
<br /> Funds allocated to California shall be combined pursuant to this Agreement, and 15% of that
<br /> total shall be allocated to the State of California(the "State of California Allocation"), 70%to
<br /> the California Abatement Accounts Fund("CA Abatement Accounts Fund"), and 15%to the
<br /> California Subdivision Fund ("CA Subdivision Fund"),
<br /> A. State of California Allocation
<br /> Fifteen percent of the payments to California subject to this Agreement will be allocated to the
<br /> State and used by the State for future Opioid Remediation.
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