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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
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
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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money (including abatement andlor remediation) or revocation of a pharmaceutical distribution <br />license. For the purposes of clause (3) above, executive departments, agencies, divisions, boards, <br />commissions, and instrumentalities are those that are under the executive authority or direct control <br />of the State's Governor. Further, the provisions set forth in Section XI of the Global Agreement <br />are incorporated by reference into this Judgment as if fully set forth herein. The Parties <br />acknowledge, and the Court finds, that those provisions are an integral part of the Agreements and <br />this Judgment, and shall govern the rights and obligations of all participants in the settlement. Any <br />modification of those rights and obligations may be made based only on a writing signed by all <br />affected parties and approved by the Court. <br />12. Release of Unknown Claims. The State expressly waives, releases, and forever <br />discharges any and all provisions, rights, and benefits conferred by any law of any state or territory <br />of the United States or other jurisdiction, or principle of common law, which is similar, <br />comparable, or equivalent to S 1542 of the California Civil Code, which reads: <br />General Release; extent. A general release does not extend to <br />claims that the creditor or releasing party does not know or suspect <br />to exist in his or her favor at the time of executing the release that, <br />if known by him or her, would have materially affected his or her <br />settlement with the debtor or released party. <br />13. The State may hereafter discover facts other than or different from those which it <br />knows, believes, or assumes to be true with respect to the Released Claims, but the State expressly <br />waived and fully, finally, and forever settled, released and discharged, through the Agreements <br />and AG Release, any and all Released Claims that may exist as of the Effective Date but which <br />the State does not know or suspect to exist, whether through ignorance, oversight, error, negligence <br />or through no fault whatsoever, and which, if known, would have materially affected the State's <br />decision to enter into the Agreements. <br />14. Costs and Fees. The Parties will bear their own costs and attorneys' fees except as <br />otherwise provided in the Agreements. <br />G-6
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