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<br />5. “Claim Over” means a Claim asserted by a Non-Released Entity against a Released
<br />Entity on the basis of contribution, indemnity, or other claim-over on any theory
<br />relating to a Non-Party Covered Conduct Claim asserted by a Releasor.
<br />6. “Compensatory Restitution Amount” means the aggregate amount of payments by
<br />Janssen hereunder other than amounts used for attorneys’ fees and costs.
<br />7. “Consent Judgment” means a consent judgment in the form attached as Exhibit E.
<br />8. “Court” means the court to which the Agreement and the Consent Judgment are
<br />presented for approval and/or entry.
<br />9. “Covered Conduct” means any actual or alleged act, failure to act, negligence,
<br />statement, error, omission, breach of any duty, conduct, event, transaction,
<br />agreement, misstatement, misleading statement or other activity of any kind
<br />whatsoever from the beginning of time through the Effective Date (and any past,
<br />present, or future consequence of any such act, failure to act, negligence, statement,
<br />error, omission, breach of duty, conduct, event, transaction, agreement,
<br />misstatement, misleading statement or other activity) relating in any way to (a) the
<br />discovery, development, manufacture, packaging, repackaging, marketing,
<br />promotion, advertising, labeling, recall, withdrawal, distribution, delivery,
<br />monitoring, reporting, supply, sale, prescribing, dispensing, physical security,
<br />warehousing, use or abuse of, or operating procedures relating to any Product, or any
<br />system, plan, policy, or advocacy relating to any Product or class of Products,
<br />including but not limited to any unbranded promotion, marketing, programs, or
<br />campaigns relating to any Product or class of Products; (b) the characteristics,
<br />properties, risks, or benefits of any Product; (c) the reporting, disclosure, non-
<br />reporting or non-disclosure to federal, state or other regulators of orders for any
<br />Product placed with any Released Entity; (d) the selective breeding, harvesting,
<br />extracting, purifying, exporting, importing, applying for quota for, procuring quota
<br />for, handling, promoting, manufacturing, processing, packaging, supplying,
<br />distributing, converting, or selling of, or otherwise engaging in any activity relating
<br />to, precursor or component Products, including but not limited to natural, synthetic,
<br />semi-synthetic or chemical raw materials, starting materials, finished active
<br />pharmaceutical ingredients, drug substances, or any related intermediate Products; or
<br />(e) diversion control programs or suspicious order monitoring related to any Product.
<br />10. “Effective Date” means January 22, 2024.
<br />11. “Janssen” means Johnson & Johnson, Johnson & Johnson Innovative Medicine,
<br />Janssen Pharmaceuticals, Inc., Ortho-McNeil-Janssen Pharmaceuticals, Inc., and
<br />Janssen Pharmaceutica, Inc.
<br />12. “Litigating Subdivision” means a Subdivision (or Subdivision official asserting the
<br />right of or for the Subdivision or the State to recover for alleged harms to the
<br />Subdivision, the State, and/or the people thereof) that brought any Released Claims
<br />against any Released Entity on or before the Effective Date that were not separately
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