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Allocation Agreement with exhibits - final
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2022-09-06 10:00 AM - Commissioners' Agenda
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Allocation Agreement with exhibits - final
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Last modified
9/1/2022 1:11:41 PM
Creation date
9/1/2022 1:10:08 PM
Metadata
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Meeting
Date
9/6/2022
Meeting title
Commissioners' Agenda
Location
Commissioners' Auditorium
Address
205 West 5th Room 109 - Ellensburg
Meeting type
Regular
Meeting document type
Supporting documentation
Supplemental fields
Item
Request to Approve a Resolution Authorizing the Chair's Signature on a Opioid Litigation Allocation Agreement
Order
3
Placement
Consent Agenda
Row ID
93293
Type
Agreement
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<br />1 <br />DISTRIBUTORS – WASHINGTON SETTLEMENT AGREEMENT <br /> <br />I. Overview <br />This Distributors Washington Settlement Agreement (“Agreement”) sets forth the terms <br />and conditions of a settlement agreement between and among the State of Washington, <br />McKesson Corporation (“McKesson”), Cardinal Health, Inc. (“Cardinal”) and <br />AmerisourceBergen Corporation (“Amerisource”) (collectively, the “Agreement Parties”) to <br />resolve opioid-related Claims against McKesson, Cardinal, and/or Amerisource (collectively, <br />“Settling Distributors”). <br />By entering into this Agreement, the State of Washington and its Participating <br />Subdivisions agree to be bound by all terms and conditions of the Distributor Global Settlement <br />Agreement dated July 21, 2021 (including its exhibits) (“Global Settlement”), which (including <br />its exhibits) is incorporated into this Agreement as Exhibit H.1 By entering this Agreement, and <br />upon execution of an Agreement Regarding the State of Washington and the Distributor Global <br />Settlement Agreement (“Enforcement Committee Agreement”), unless otherwise set forth in this <br />Agreement, the Settling Distributors agree to treat the State of Washington for all purposes as if <br />it were a Settling State under the Global Settlement and its Participating Subdivisions for all <br />purposes as if they were Participating Subdivisions under the Global Settlement. Unless stated <br />otherwise in this Agreement, the terms of this Agreement are intended to be consistent with the <br />terms of the Global Settlement and shall be construed accordingly. Unless otherwise defined in <br />this Agreement, all capitalized terms in this Agreement shall be defined as they are in the Global <br />Settlement. <br />The Settling Distributors have agreed to the below terms for the sole purpose of <br />settlement, and nothing herein, including in any exhibit to this Agreement, may be taken as or <br />construed to be an admission or concession of any violation of law, rule, or regulation, or of any <br />other matter of fact or law, or of any liability or wrongdoing, or any misfeasance, nonfeasance, <br />or malfeasance, all of which the Settling Distributors expressly deny. No part of this Agreement, <br />including its statements and commitments, and its exhibits, shall constitute or be used as <br />evidence of any liability, fault, or wrongdoing by the Settling Distributors. Unless the contrary is <br />expressly stated, this Agreement is not intended for use b y any third party for any purpose, <br />including submission to any court for any purpose. <br />II. Conditions to Effectiveness of Agreement <br />A. Global Settlement Conditions to Effectiveness. <br />1. The Agreement Parties acknowledge that certain deadlines set forth in <br />Section VIII of the Global Settlement passed before the execution of this Agreement. For <br /> <br />1 The version of the Global Settlement as updated on March 25, 2022 is attached to this <br />Agreement as Exhibit H. Further updates to the Global Settlement shall be deemed incorporated <br />into this Agreement and shall supersede all earlier versions of the updated provisions.
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