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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 />B. CA Abatement Accounts Fund <br />i. Allocation of CA Abatement Accounts Funds <br />a) Seventy percent of the total Settlement Fund payments will be allocated to the CA <br />Abatement Accounts Fund. The funds in the CA Abatement Accounts Fund will be <br />allocated based on the allocation model developed in connection with the proposed <br />negotiating class in the National Prescription Opiate Litigation (MDL No. 2804), as <br />adjusted to reflect only those cities and counties that are eligible, based on population or <br />litigation status, to become a CA Participating Subdivision. The percentage from the CA <br />Abatement Accounts Fund allocated to each CA Participating Subdivision is set forth in <br />Appendix 1 in the column entitled abatement percentage (the "Local Allocation"). For <br />the avoidance of doubt, CA Litigating Special Districts and California towns, cities, and <br />counties with a population less than 10,000 are not eligible to receive an allocation of CA <br />Abatement Accounts Funds. <br />b) A CA Participating Subdivision that is a county, or a city and county, will be allocated its <br />Local Allocation share as of the date on which it becomes a Participating Subdivision, <br />and will receive payments as provided in the Amneal Settlement Agreement. <br />C) A CA Participating Subdivision that is a city will be allocated its Local Allocation share <br />as of the date on which it becomes a Participating Subdivision. The Local Allocation <br />share for a city that is a CA Participating Subdivision will be paid to the county in which <br />the city is located, rather than to the city, so long as the county is a CA Participating <br />Subdivision; provided, however, that if a city currently receives direct payment of its <br />share of fiends in the National Opioids Settlement with Distributors Cencora, Inc. (f/k/a <br />AmerisourceBergenCorporation), Cardinal Health, Inc., and McKesson Corporation (the <br />"Distributors Settlement"), that city's Local Allocation amount will be paid directly to <br />the city. If a city later changes or has already changed its distribution election in the <br />Distributors Settlement, that change in election will apply here, provided that the change <br />in election is received by the settlement administrator at least 60 days prior to a Payment <br />Date. A Local Allocation share allocated to a city but paid to a county is not required to <br />be spent exclusively for abatement activities in that city, but will become part of the <br />county's share of the CA Abatement Accounts Funds, which will be used in accordance <br />with Section 4.B.ii (Use of CA Abatement Accounts Funds) and reported on in <br />accordance with Section 4.B.iii (CA Abatement Accounts Fund Oversight). <br />d) A city within a county that is a CA Participating Subdivision may opt in or out of direct <br />payment at any time, and it may also elect direct payment of only a portion of its share, <br />with the remainder going to the county, by providing notice to the Settlement Fund <br />Administrator at least 60 days prior to a Payment Date. For purposes of this CA <br />Amneal Allocation Agreement, the Cities of Los Angeles, Oakland, San Diego, San <br />Jose and Eureka will be deemed to have elected direct payment if they become <br />Participating Subdivisions. <br />
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