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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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18. Adrnissibility. It is the intent of the Parties that this Judgrnent not be admissible in <br />other cases against the Settling Distributors or binding on the Settling Distributors in any respect <br />other than in connection with the enforcement of this Judgment or the Agreements. For the <br />avoidance of doubt, nothing herein shall prohibit a Settling Distributor from entering this Judgment <br />or the Agreements into evidence in any litigation or arbitration concerning (l) a Settling <br />Distributor's right to coverage under an insurance contract or (2) the enforcement of the releases <br />provided for by the Agreements and this Judgrnent. <br />19. Preservation of Privilege. Nothing contained in the Agreements or this Judgment, and <br />no act required to be performed pursuant to the Agreements or this Judgment, is intended to <br />constitute, cause, or effect any waiver (in whole or in part) of any attorney-client privilege, work <br />product protection, or common interest/joint defense privilege, and each Party agrees that it shall <br />not make or cause to be made in any forum any assertion to the contrary. <br />20. Mutual Interpretation. The Parties agree and stipulate that the Agreements were <br />negotiated on an arm's-length basis between parties of equal bargaining power and was drafted <br />jointly by counsel for each Party. Accordingly, the Agreements are incorporated herein by <br />reference and shall be mutually interpreted and not construed in favor of or against any Party, <br />except as expressly provided for in the Agreements. <br />21. Retention of Jurisdiction. The Courl shall retain jurisdiction of the Parties for the <br />limited purpose of the resolution of disputes identified in Section VI.F.1 of the Global Agreement. <br />The Court shall have jurisdiction over Participating Subdivisions in the State for the limited <br />purposes identified in the Agreements. <br />22. Successors and Assisns. This Judgment is binding on each of the Settling Distributor's <br />successors and assigns. <br />23. Modification. This Judgment shall not be modified (by the Court, by any other court, <br />or by any other means) without the consent of the State and the Settling Distributors, or as provided <br />for in Section XIV.U of the Global Agreement. <br />G-8
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