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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
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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 />5 <br />b. Payment Year 2: Twenty percent (20%) of the total Washington <br />Fees and Costs amount ($17,550,046.20), to be paid on or before December 1, <br />2022. <br />c. Payment Year 3: Fifteen percent (15%) of the total Washington <br />Fees and Costs amount ($13,162,534.65), to be paid on or before July 15, 2023. <br />d. Payment Year 4: Fifteen percent (15%) of the total Washington <br />Fees and Costs amount ($13,162,534.65), to be paid on or before July 15, 2024. <br />e. Payment Year 5: Fifteen percent (15%) of the total Washington <br />Fees and Costs amount ($13,162,534.65), to be paid on or before July 15, 2025. <br />f. Payment Year 6: Ten percent (10%) of the total Washington Fees <br />and Costs amount ($8,775,023.10), to be paid on or before July 15, 2026. <br />g. Payment Year 7: Five percent (5%) of the total Washington Fees <br />and Costs amount ($4,387,511.55), to be paid on or before July 15, 2027. <br />D. Remittance. So that Settling Distributors do not pay the same fees and costs under <br />both the Global Settlement and this Agreement, Washington and its Participating Litigating <br />Subdivisions and their respective counsel shall do as follows: <br />1. Participating Litigating Subdivisions in Washington and their counsel shall <br />apply to the Attorney Fee Fund and the Litigating Subdivision Cost Fund created pursuant <br />to Exhibit R of the Global Settlement for all fees, costs and expenses for which they may be <br />eligible and shall instruct the Fee Panel and the Cost and Expense Fund Administrator to <br />remit to Settling Distributors the full amount awarded to such Participating Litigating <br />Subdivision, with each Settling Distributor receiving the percentage of that amount <br />corresponding to the allocation set forth in Section IV.I of the Global Settlement. <br />2. Counsel for Participating Subdivisions shall instruct the Fee Panel created <br />by the MDL Court pursuant to Exhibit R of the Global Settlement to remit to Settling <br />Distributors the Contingency Fee Amount for their Participating Subdivisions in the State of <br />Washington, with each Settling Distributor receiving the percentage of that amount <br />corresponding to the allocation set forth in Section IV.I of the Global Settlement. <br />3. The State of Washington shall instruct the Fee Fund Administrator selected <br />pursuant to Exhibit S of the Global Settlement that the Settling Distributors shall not pay the <br />Fixed Amount for the State of Washington, and the State of Washington will not be eligible <br />to receive funds from the State Outside Counsel Fee Fund under the Global Settlement. <br />4. The State of Washington shall submit documented costs, as provided for in <br />Exhibit T of the Global Settlement, to the Global Settlement State Cost Fund created <br />pursuant to Exhibit T of the Global Settlement for all costs and expenses for which it may <br />be eligible and shall instruct the State Cost Fund Administrator to remit to Settling <br />Distributors the full amount awarded to the State of Washington, with each Settling
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