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<br />11 <br /> <br /> <br />deliver executed Settlement Participation Forms for all Litigating Subdivisions listed on <br />Exhibit F to Janssen within one hundred ten (110) days after the Effective Date or such later <br />date as the parties may agree, this Agreement will have no further effect and all releases and <br />other commitments or obligations contained herein will be void. <br />C. Remediation and Restitution Payments. Within twenty-one (21) days after the effectiveness <br />of this Agreement as provided for in subsection V.B above, Janssen shall pay into the <br />Settlement Fund a Net Settlement Amount of $123,340,000, plus fees and costs payable to <br />the Washington Attorney General set forth in subsection IX.A, subject to any holdback <br />under subsection V.D below. <br />D. Holdback for Non-Litigating Subdivisions . If, by the date this Agreement becomes effective <br />as provided for in subsection V.B, any Non-Litigating Subdivision listed on Exhibit F has <br />not executed a Settlement Participation Form or has not provided Janssen an <br />acknowledgement that the Subdivision has no intention to file a lawsuit asserting Released <br />Claims against Released Entities, then Janssen will hold back $6,167,000 from the Net <br />Settlement Amount payment described in subsection V.B above, which Janssen will not pay <br />to the Settlement Fund; provided, however, Janssen will pay the $6,167,000 to the <br />Settlement Fund (1) within thirty (30) days of the date all remaining Non-Litigating <br />Subdivision(s) listed on Exhibit F have executed a Settlement Participation Form and those <br />Forms have been delivered to Janssen; or (2) within (30) days after the two-year anniversary <br />of the Effective Date, if all such Non-Litigating Subdivisions on Exhibit F have not executed <br />Settlement Participation Forms, and no such Non-Litigating Subdivision listed on Exhibit F <br />has filed litigation asserting Released Claims within two years after the Effective Date. <br />VI. Intra-State Allocation <br />A. Janssen’s Net Settlement Amount payments to the Settlement Fund shall be allocated as <br />follows: <br />1. Fifty percent (50%) to the State of Washington. <br />2. Fifty percent (50%) to the Participating Local Governments (“LG Share”). <br />B. The LG Share remainder shall be distributed to Participating Local Governments pursuant to <br />the One Washington Memorandum of Understanding Between Washington Municipalities <br />(“One Washington MOU”), which is attached as Exhibit H. <br />C. BrownGreer PLC shall be the Settlement Fund Administrator and shall allocate and <br />distribute payments in accordance with the terms of the One Washington MOU and this <br />Agreement, including the detailed description of the Settlement Fund Administrator’s duties <br />attached as Exhibit I. As set forth in Exhibit I, the Settlement Fund Administrator’s fees and <br />costs shall be paid from the interest on the LG Share portion of the funds in the Settlement <br />Fund between the date of Janssen’s payment and the date of disbursement to the <br />Subdivisions. If the aforementioned interest is insufficient to pay the full amount of the <br />Settlement Fund Administrator’s fees and costs, the remainder shall be paid by Janssen.