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NATIONAL OPIOID SETTLEMENT - SECONDARY MANUFACTURERS SETTLEMENT
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NATIONAL OPIOID SETTLEMENT - SECONDARY MANUFACTURERS SETTLEMENT
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Last modified
10/6/2025 2:43:50 PM
Creation date
10/6/2025 2:40:09 PM
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Contracts
Company Name
NATIONAL OPIOID SETTLEMENT - SECONDARY MANUFACTURERS SETTLEMENT
Contract #
A-2025-161
Agency
City Attorney's Office
Council Approval Date
9/16/2025
Expiration Date
1/1/1900
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Docusign Envelope ID: D1EF72EC-17B5-459A-93D1-E82ABEFBOE5C <br />Claims and extend to the full extent of the power of the Governmental Entity to release <br />claims. Each of the Secondary Manufacturers' Settlements shall be a complete bar to any <br />Released Claim against that manufacturer's Released Entities. <br />10. The Governmental Entity hereby takes on all rights and obligations of a Participating <br />Subdivision as set forth in each of the Secondary Manufacturers' Settlements. <br />11. In connection with the releases provided for in each of the Secondary Manufacturers' <br />Settlements, each Governmental Entity expressly waives, releases, and forever discharges <br />any and all provisions, rights, and benefits conferred by any law of any state or territory of <br />the United States or other jurisdiction, or principle of common law, which is similar, <br />comparable, or equivalent to § 1542 of the California Civil Code, which reads: <br />General Release; extent. A general release does not extend to claims that <br />the creditor or releasing party does not know or suspect to exist in his or her <br />favor at the time of executing the release that, if known by him or her would <br />have materially affected his or her settlement with the debtor or released <br />party. <br />A Releasor may hereafter discover facts other than or different from those which it knows, <br />believes, or assumes to be true with respect to the Released Claims in each of the Secondary <br />Manufacturers' Settlements, but each Governmental Entity hereby expressly waives and <br />fully, finally, and forever settles, releases and discharges, upon the Effective Date, any and <br />all Released Claims that may exist as of such date but which Releasors do not know or <br />suspect to exist, whether through ignorance, oversight, error, negligence or through no fault <br />whatsoever, and which, if known, would materially affect the Governmental Entities' <br />decision to participate in each of the Secondary Manufacturers' Settlements. <br />12. The Governmental Entity understands and acknowledges that each of the Secondary <br />Manufacturers' Settlements is an independent agreement with its own terms and <br />conditions. Nothing herein is intended to modify in any way the terms of any of the <br />Secondary Manufacturers' Settlements, to which Governmental Entity hereby agrees, aside <br />from the exceptions in paragraph 13 below. To the extent this Combined Participation <br />Form is interpreted differently from any of the Secondary Manufacturers' Settlements in <br />any respect, the individual Secondary Manufacturer's Settlement controls. <br />13. For the avoidance of doubt, in the event that some but not all of the Secondary <br />Manufacturers' Settlements proceed past their respective Reference Dates, all releases and <br />other commitments or obligations shall become void only as to those Secondary <br />Manufacturers' Settlements that fail to proceed past their Reference Dates. All releases and <br />other commitments or obligations (including those contained in this Combined <br />Participation Form) shall remain in full effect as to each Secondary Manufacturer's <br />Settlement that proceeds past its Reference Date, and this Combined Participation Form <br />need not be modified, returned, or destroyed as long as any Secondary Manufacturer's <br />Settlement proceeds past its Reference Date. <br />0�, 0 <br />K-3 s <br />
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