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2024_OpioidSettlemtAgrmt_JanssenJJ
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2024-04-16 10:00 AM - Commissioners' Agenda
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2024_OpioidSettlemtAgrmt_JanssenJJ
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Last modified
4/11/2024 1:10:33 PM
Creation date
4/11/2024 1:08:48 PM
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Meeting
Date
4/16/2024
Meeting title
Commissioners' Agenda
Location
Commissioners' Auditorium
Address
205 West 5th Room 109 - Ellensburg
Meeting type
Regular
Meeting document type
Supporting documentation
Supplemental fields
Item
Request to Approve a Resolution Accepting the Johnson & Johnson (Janssen) Washington State State-Wide Opioid Settlement Agreement
Order
7
Placement
Consent Agenda
Row ID
116716
Type
Agreement
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<br />13 <br /> <br /> <br />and Inside Counsel Fees and Costs, which shall be used for any lawful purpose in the <br />discharge of the Attorney General’s duties at the sole discretion of the Attorney General. <br />B. Fees and Costs for Participating Litigating Subdivisions’ Attorneys . From the LG Share of <br />the Settlement Fund, the Settlement Fund Administrator shall pay the Participating <br />Litigating Subdivisions’ attorneys their fees and costs pursuant to Paragraph D of the One <br />Washington MOU and this Agreement. <br />C. An Attorney for a Participating Litigating Subdivision may not receive any payment for <br />attorney fees unless the Attorney represents that s/he has no present intent to represent or <br />participate in the representation of any Subdivision or any Releasor with respect to Released <br />Claims against Released Entities brought after the Effective Date. <br />X. Enforcement and Dispute Resolution <br />A. The terms of the Agreement and Consent Judgment applicable to the State will be <br />enforceable solely by the State and Janssen. <br />B. Janssen consents to the jurisdiction of the Court in which the Consent Judgment is filed, <br />limited to resolution of disputes identified in subsection X.D for resolution in the Court in <br />which the Consent Judgment is filed. <br />C. The parties to a dispute shall promptly meet and confer in good faith to resolve any dispute. <br />If the parties cannot resolve the dispute informally, and unless otherwise agreed in writing, <br />they shall follow the remaining provisions of this section to resolve the dispute. <br />D. Disputes not resolved informally shall be resolved in the Court that entered the Consent <br />Judgment. <br />XI. Miscellaneous <br />A. No Admission. Janssen does not admit liability or wrongdoing. Neither this Agreement nor <br />the Consent Judgment shall be considered, construed, or represented to be (1) an admission, <br />concession, or evidence of liability or wrongdoing or (2) a waiver or any limitation of any <br />defense otherwise available to Janssen. <br />B. Nature of Payment. Janssen, the State, and the Participating Subdivisions acknowledge and <br />agree that notwithstanding anything to the contrary in this Agreement, including, but not <br />limited to, the scope of the Released Claims: <br />1. Janssen has entered into this Agreement to avoid the delay, expense, inconvenience, <br />and uncertainty of further litigation; <br />2. The State and the Participating Subdivisions sought compensatory restitution (within <br />the meaning of 26 U.S.C. § 162(f)(2)(A)) for the Alleged Harms allegedly suffered <br />by the State and Participating Subdivisions;
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