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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 />6 <br />for expenses incurred by the attorneys pursuant to Section II.E of the <br />Global Settlement. <br />K. Under no circumstances may counsel receive more for its work on behalf <br />of a Litigating Local Government than it would under its contingency <br />agreement with that Litigating Local Government. To the extent a law <br />firm was retained by a Litigating Local Government on a contingency fee <br />agreement that provides for compensation at a rate that is less than fifteen <br />percent (15%) of that Litigating Local Government’s recovery, the <br />maximum amount payable to that law firm referred to in Section D.3 of <br />the MOU shall be the percentage set forth in that contingency fee <br />agreement. <br />L. For the avoidance of doubt, both payments from the GFF and the payment <br />to the Participating Litigating Local Governments’ attorneys for fees and <br />costs referred to in Paragraph 6 of this Allocation Agreement and Section <br />V.B.2 Distributors Settlement shall be included when calculating whether <br />the aforementioned fifteen percent (15%) maximum percentage (or less if <br />the provisions of Paragraph 10.K of this Allocation Agreement apply) of <br />any Litigating Local Government contingency fee agreement referred to <br />above has been met. <br />M. To the extent there are any excess funds in the GFF, the Fee Panel and the <br />Settlement Administrator shall facilitate the return of those funds to the <br />Participating Local Governments as provided for in Section D.6 of the <br />MOU. <br />12. In connection with the execution and administration of this Allocation <br />Agreement, the State and the Participating Local Governments agree to abide by <br />the Public Records Act, RCW 42.56 eq seq. <br />13. All Participating Local Governments, Regional OACs, and the State shall <br />maintain all non-transitory records related to this Allocation Agreement as well as <br />the receipt and expenditure of the funds from the Distributors Settlement for no <br />less than five (5) years. <br />14. If any party to this Allocation Agreement believes that a Participating Local <br />Government, Regional OAC, the State, an entity, or individual involved in the <br />receipt, distribution, or administration of the funds from the Distributors <br />Settlement has violated any applicable ethics codes or rules, a complaint shall be <br />lodged with the appropriate forum for handling such matters, with a copy of the <br />complaint promptly sent to the Washington Attorney General, Complex Litigation <br />Division, Division Chief, 800 Fifth Avenue, Suite 2000, Seattle, Washington <br />98104. <br />15. To the extent (i) a region utilizes a pre-existing regional body to establish its <br />Opioid Abatement Council pursuant to the Section 4.h of the MOU, and (ii) that
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