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RES-2022-168
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09. September
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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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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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15. No Admission of Liability. The Settling Distributors are consenting to this Judgment <br />solely for the purpose of effectuating the Agreements, and nothing contained herein may be taken <br />as or construed to be an admission or concession of any violation of law, rule, or regulation, or of <br />any other matter of fact or law, or of any liability or wrongdoing, all of which the Settling <br />Distributors expressly deny. None of the Settling Distributors or any other Released Entity admits <br />that it caused or contributed to any public nuisance, and none of the Settling Distributors or any <br />other Released Entity admits any wrongdoing that was or could have been alleged by the State, its <br />Participating Subdivisions, or any other person or entity. No part of this Judgment shall constitute <br />evidence of any liability, fault, or wrongdoing by the Settling Distributors or any other Released <br />Entity. The Parties acknowledge that payments made under the Agreements are not a fine, penalty, <br />or payment in lieu thereof and are properly characterized as described in Section V.F of the Global <br />Agreement. <br />16. No Waiver. This Judgment is entered based on the Agreements without adjudication <br />of any contested issue of fact or law or finding of liability of any kind. This Judgment shall not be <br />construed or used as a waiver of any Settling Distributor's right, or any other Released Entity's <br />right, to defend itself from, or make any arguments in, any other regulatory, governmental, private <br />individual, or class claims or suits relating to the subject matter or terms of this Judgment. <br />Notwithstanding the foregoing, the State may enforce the terms of this Judgment as expressly <br />provided in the Agreements. <br />17. No Private Right of Action. This Judgment is not intended for use by any third parly <br />for any pu{pose, including submission to any court for any pu{pose, except pursuant to Section <br />VI.A of the Global Agreement. Except as expressly provided in the Agreements, no portion of the <br />Agreements or this Judgment shall provide any rights to, or be enforceable by, any person or entity <br />that is not a Settling State or Released Entity. The State shall allow Participating Subdivisions in <br />the State to notify it of any perceived violations of the Agreements or this Judgment. No Settling <br />State, including the State of Washington, may assign or otherwise convey any right to enforce any <br />provision of the Agreements. <br />G-1
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