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<br />12 <br /> <br /> <br />D. Use of Net Settlement Amount. <br /> <br />1. It is the intent of the Parties that the payments disbursed from the Settlement <br />Fund to the State and Participating Subdivisions listed in Exhibit F be for Opioid <br />Remediation, subject to limited exceptions that must be documented in <br />accordance with subsection VI.D.2. In no event may less than 85% of Janssen’s <br />Net Settlement Amount payment be spent on Opioid Remediation. <br /> <br />2. While disfavored by the Parties, the State or a Participating Subdivision listed on <br />Exhibit F may use monies from the Settlement Fund for purposes that do not <br />qualify as Opioid Remediation. If, at any time, the State or a Participating <br />Subdivision listed on Exhibit F uses any monies from the Settlement Fund for a <br />purpose that does not qualify as Opioid Remediation, the State or Participating <br />Subdivision shall identify such amounts and report to the Settlement Fund <br />Administrator and Janssen how such funds were used, including if used to pay <br />attorneys’ fees other than those provided for in subsection IX.B which shall be <br />identified by BrownGreer, investigation costs, litigation costs, or costs related to <br />the operation and enforcement of this Agreement. It is the intent of the Parties <br />that the reporting under this subsection VI.D.2 shall be available to the public. <br />For the avoidance of doubt, (a) any amounts not identified under this subsection <br />VI.D.2 as used to pay attorneys’ fees other than those provided for in subsection <br />IX.A, investigation costs, or litigation costs shall be included in the <br />“Compensatory Restitution Amount” for purposes of subsection XI.B and (b) <br />Participating Subdivisions not listed on Exhibit F that receive monies from the <br />Settlement Fund indirectly may only use such monies from the Settlement Fund <br />for purposes that qualify as Opioid Remediation. <br /> <br />VII. Participation by Subdivisions <br />A Subdivision may become a Participating Subdivision by returning an executed Settlement <br />Participation Form to Janssen and the State and upon prompt dismissal of its legal action pursuant <br />to the terms of this Agreement and the Settlement Participation Form. <br />VIII. Filing of Consent Judgment and Dismissals with Prejudice <br />No later than 15 days from delivery to Janssen of Settlement Participation Forms for all <br />Subdivisions listed on Exhibit F, the State and Janssen will proceed to file the Consent Judgment. <br />No later than 30 days after receipt of Janssen’s payments under Section V, the State and the <br />Participating Subdivisions shall dismiss all actions asserting Released claims with prejudice. <br />IX. Attorney Fee and Cost Payments <br />A. State Outside and Inside Counsel Fees and Costs. Janssen will pay the Washington Attorney <br />General’s Office $26,160,000.00 within twenty-one (21) days after the date this Agreement <br />becomes effective as provided for in subsection V.B to reimburse the State for State Outside