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<br />4 <br />executed the MOU only for purposes of the Allocation Agreement <br />Governing the Allocation of Funds Paid by the Settling Opioid <br />Distributors in Washington State. <br />B. Exhibit A of the MOU is replaced by Exhibit E of the Global Settlement, <br />which is attached as Exhibit 4 to this Agreement. <br />C. The definition of “Litigating Local Governments” in Section A.4 of the <br />MOU shall mean Local Governments that filed suit against one or more of <br />the Settling Defendants prior to May 3, 2022. The Litigating Local <br />Governments are listed on Exhibit B of the Distributors Settlement, and <br />are referred to as Litigating Subdivisions in the Distributors Settlement. <br />D. The definition of “National Settlement Agreement” in Section A.6 of the <br />MOU shall mean the Global Settlement. <br />E. The definition of “Settlement” in Section A.14 of the MOU shall mean the <br />Distributors Settlement. <br />F. The MOU is amended to add new Section C.4.g.vii, which provides as <br />follows: <br />“If a Participating Local Government receiving a direct payment <br />(a) uses Opioid Funds other than as provided for in the Distributors <br />Settlement, (b) does not comply with conditions for receiving <br />direct payments under the MOU, or (c) does not promptly submit <br />necessary reporting and compliance information to its Regional <br />Opioid Abatement Counsel (“Regional OAC”) as defined at <br />Section C.4.h of the MOU, then the Regional OAC may suspend <br />direct payments to the Participating Local Government after <br />notice, an opportunity to cure, and sufficient due process. If direct <br />payments to Participating Local Government are suspended, the <br />payments shall be treated as if the Participating Local Government <br />is foregoing their allocation of Opioid Funds pursuant to Section <br />C.4.d and C.4.j.iii of the MOU. In the event of a suspension, the <br />Regional OAC shall give prompt notice to the suspended <br />Participating Local Government and the Settlement Fund <br />Administrator specifying the reasons for the suspension, the <br />process for reinstatement, the factors that will be considered for <br />reinstatement, and the due process that will be provided. A <br />suspended Participating Local Government may apply to the <br />Regional OAC to be reinstated for direct payments no earlier than <br />five years after the suspension.” <br />G. Consistent with how attorney fee funds for outside counsel for <br />Participating Local Subdivisions are being administered in most states <br />across the country, the Government Fee Fund (“GFF”) set forth in the