Allocation Agreement with exhibits - final

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4 Year 2 shall be December 1, 2022. For the avoidance of doubt, the sole component of the State of Washington’s Annual Payment is the portion of the Net Abatement Amount allocated to the State of Washington under the Global Settlement (“Washington Abatement Amount”). The maximum possible Washington Abatement Amount is $430,249,769.02. B. Use of Payment. The Washington Abatement Amount paid under this Agreement shall be used as provided for in Section V of the Global Settlement. C. Nature of Payment. The State of Washington and its Participating Subdivisions agree that payments made to the State of Washington and its Participating Subdivisions under this Agreement are properly characterized as described in Section V.F of the Global Settlement. V. Plaintiffs’ Attorneys’ Fees and Costs A. Interaction with Global Settlement. Notwithstanding any contrary provision in the Global Settlement, payments to cover attorneys’ fees and costs under this Agreement (“Washington Fees and Costs”) shall be made pursuant to this Section V. B. Amounts. The total amount to cover of all Washington Fees and Costs is $87,750,230.98. That total consists of the categories of attorneys’ fees and costs set forth in this Section V.B and shall be paid on the schedule set forth in Section V.C. 1. State Outside and Inside Counsel Fees and Costs. Settling Distributors shall pay $76,829,316.21 to cover in-house fees and costs and outside counsel fees and costs to the Washington Attorney General’s Office, which shall be used for any lawful purpose in the discharge of the Attorney General’s duties at the sole discretion of the Attorney General. The amount shall be paid in increments as specified in Section V.C (Payment Year 1 – 20%, Payment Year 2 – 20%, Payment Year 3 – 15%, Payment Year 4 – 15%, Payment Year 5 – 15%, Payment Year 6 – 10%, Payment Year 7– 5%.) 2. Fees and Costs for Participating Litigating Subdivisions’ Attorneys. Settling Distributors shall pay $10,920,914.70 to Participating Litigating Subdivisions’ attorneys for fees and costs into a single account as directed by the Washington Attorney General’s Office, which then shall be paid as agreed between the State of Washington and attorneys for Participating Litigating Subdivisions. Participating Litigating Subdivisions’ attorneys shall be paid in accordance with the schedule in Section V.C and V.D.5 of this Agreement. C. Schedule. Washington Fees and Costs shall be paid according to the following schedule: a. Payment Year 1: Twenty percent (20%) of the total Washington Fees and Costs amount ($17,550,046.20), to be paid on or before December 1, 2022.