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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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Template:
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 />G-3 <br />to the terms of the Agreements to avoid the delay, expense, inconvenience, and uncertainty of <br />protracted litigation. <br />NOW THEREFORE, IT IS HEREBY ORDERED, ADJUDGED AND DECREED THAT: <br />In consideration of the mutual promises, terms, and conditions set forth in the <br />Agreements, the adequacy of which is hereby acknowledged by all Parties, it is agreed by and <br />between the Settling Distributors and the State, and adjudicated by the Court, as follows: <br />1. The foregoing Recitals are incorporated herein and constitute an express term of this <br />Judgment. <br />2. The Parties have entered into a full and final settlement of all Released Claims of <br />Releasors against the Settling Distributors (including but not limited to the State) and the Released <br />Entities pursuant to the terms and conditions set forth in the Agreements. <br />3. The “Definitions” set forth in Section I of the Global Agreement are incorporated by <br />reference into this Judgment. The State is a “Settling State” within the meaning of the Global <br />Agreement. Unless otherwise defined herein, capitalized terms in this Judgment shall have the <br />same meaning given to them in the Global Agreement, or, if not defined in the Global Agreement, <br />the same meaning given to them in the Washington Agreement. <br />4. The Parties agree that the Court has jurisdiction over the subject matter of the Action <br />and over the Parties with respect to the Action and this Judgment. This Judgment shall not be <br />construed or used as a waiver of any jurisdictional defense the Settling Distributors or any other <br />Released Entity may raise in any other proceeding. <br />5. The Court finds that the Agreements were entered into in good faith. <br />6. The Court finds that entry of this Judgment is in the public interest and reflects a <br />negotiated settlement agreed to by the Parties. The Action is dismissed with prejudice, subject to <br />a retention of jurisdiction by the Court as provided herein and in the Agreements.
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