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I-4 <br /> <br /> <br />treat the failure to submit a report as confirmation that the State or <br />Participating Subdivision had no such uses of money. <br />ii. The State and Participating Subdivisions shall report to the Settlement <br />Fund Administrator and Janssen the amount of funds received from the <br />Settlement Fund used for purposes that do not qualify as Opioid <br />Remediation (pursuant to Section VI.D of the Janssen Settlement <br />Agreement). Such reports to the Settlement Fund Administrator and <br />Janssen shall identify how such funds were used, including if used to pay <br />attorneys’ fees, investigation costs, litigation costs, or costs related to the <br />operation and enforcement of the Janssen Settlement Agreement, <br />respectively. Such State or Participating Subdivision shall make such <br />reports to the Settlement Fund Administrator and Janssen with respect to <br />each six-month period ending on June 30 or December 31 of any year in <br />which funds are received from the Settlement Fund. Such State or <br />Participating Subdivision shall make each such report within ninety (90) <br />days of the end of the applicable six-month period. <br />iii. The Settlement Fund Administrator shall make the reporting under this <br />Section IV.A available to the public. <br />iv. The Settlement Fund Administrator shall track and assist in the report of <br />the amount of remediation disbursed or applied during each fiscal year, <br />broken down by primary funded strategy category listed in Exhibit J of the <br />Janssen Settlement Agreement (with any permissible common costs <br />prorated among strategies). <br />v. Upon request by Janssen, the Settlement Fund Administrator shall agree to <br />perform such further acts and to execute and deliver such further <br />documents as may be reasonably necessary for Janssen to establish the <br />statements set forth in Section XI.B of the Janssen Settlement Agreement <br />to the satisfaction of their tax advisors, their independent financial <br />auditors, the Internal Revenue Service, or any other governmental <br />authority, including as contemplated by Treasury Regulations Section <br />1.162-21(b)(3)(ii) and any subsequently proposed or finalized relevant <br />regulations or administrative guidance. Nothing herein shall be read to <br />conflict with or limit the Parties’ obligations under Sections XI.B and <br />XI.C of the Janssen Settlement Agreement. <br />B. Qualified Settlement Fund Treatment. <br />i. Janssen and the Settlement Fund Administrator shall agree that the <br />Settlement Fund is intended to be classified as a “qualified settlement <br />fund” within the meaning of Treasury regulations Section 1.468B-1, et <br />seq. (and corresponding or similar provisions of state, local, or foreign <br />law, as applicable). The Settlement Fund Administrator or any <br />independent certified public accounting firm selected by Janssen to serve <br />as administrator of the Settlement Fund for tax purposes (the “Tax <br />Administrator”) shall not take any action or tax position inconsistent with <br />such treatment. The Settlement Fund shall be treated as a qualified