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RES-2022-168
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2022-09-06 10:00 AM - Commissioners' Agenda
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RES-2022-168
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Last modified
9/13/2022 11:54:56 AM
Creation date
9/13/2022 11:53:49 AM
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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
Fully Executed Version
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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Year 2 shall be December 1,2022. For the avoidance of doubt, the sole component of the State of <br />Washington's Annual Payrnent is the portion of the Net Abatement Amount allocated to the State <br />of Washington under the Global Settlement ("Washington Abatement Amounf"). The maximum <br />possible Washington Abatement Amount is $430,249,7 69 .02. <br />B. Use of Payment. The Washington Abatement Amount paid under this Agreement <br />shall be used as provided for in Section V of the Global Settlement. <br />C. Nature of Payment. The State of Washington and its Participating Subdivisions <br />agree that payments made to the State of Washington and its Participating Subdivisions under this <br />Agreement are properly characterized as described in Section V.F of the Global Settlement. <br />V. Plaintiffs' Attorneys' Fees and Costs <br />A. Interaction with Global Settlernenr. Notwithstanding any contrary provision in the <br />Global Settlement, payments to cover attorneys' fees and costs under this Agreement ("Washington <br />Fees and Costs") shall be made pursuant to this Section V. <br />B. Amounts. The total amount to cover of all Washington Fees and Costs is <br />$87,750,230.98. That total consists of the categories of attorneys' fees and costs set forth in this <br />Section V.B and shall be paid on the schedule set forth in Section V.C. <br />l. State Outside and Inside Counsel Fees and Costs. Settling Distributors shall <br />pay $76,829,316.21to cover in-house fees and costs and outside counsel fees and costs to <br />the Washington Attorney General's Office, which shall be used for any lawful purpose in <br />the discharge of the Attorney General's duties at the sole discretion of the Attorney General. <br />The amount shall be paid in increments as specified in Section V.C (Payment Year I - 20o/o, <br />Payment Year 2 -20yo, Payment Year 3 - l5o/o, Payment Year 4 - lsyo, Payment Year 5 - <br />l\o/o,Payment Year 6 - l0oA, Payment Year 7- 5o/o.) <br />2. Fees and Costs for Participatins Litigatins Subdivisions' Attornevs. <br />Settling Distributors shall pay $10,920,9I4.70 to Parlicipating Litigating Subdivisions' <br />attorneys for fees and costs into a single account as directed by the Washington Attorney <br />General's Office, which then shall be paid as agreed between the State of Washington and <br />attorneys for Participating Litigating Subdivisions. Participating Litigating Subdivisions' <br />attorneys shall be paid in accordance with the schedule in Section V.C and V.D.5 of this <br />Agreement. <br />C. Schedule. Washington Fees and Costs shall be paid according to the following <br />schedule: <br />a. Payment Year 1: 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 />4
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