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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 />B-2 <br /> <br /> <br />elected or appointed to serve any of the foregoing and any agency, person, or other entity <br />claiming by or through any of the foregoing, and any other entity identified in the definition <br />of Releasor, provides for a release to the fullest extent of its authority. As a Releasor, the <br />Governmental Entity hereby absolutely, unconditionally, and irrevocably covenants not to <br />bring, file, or claim, or to cause, assist or permit to be brought, filed, or claimed, or to <br />otherwise seek to establish liability for any Released Claims against any Released Entity in <br />any forum whatsoever. The releases provided for in the Janssen Settlement are intended by <br />the Parties to be broad and shall be interpreted so as to give the Released Entities the <br />broadest possible bar against any liability relating in any way to Released Claims and extend <br />to the full extent of the power of the Governmental Entity to release claims. The Janssen <br />Settlement shall be a complete bar to any Released Claim. <br /> <br />8. In connection with the releases provided for in the Janssen Settlement, each Governmental <br />Entity expressly waives, releases, and forever discharges any and all provisions, rights, and <br />benefits conferred by any law of any state or territory of the United States or other <br />jurisdiction, or principle of common law, which is similar, comparable, or equivalent to <br />§ 1542 of the California Civil Code, which reads: <br /> <br />General Release; extent. A general release does not extend to claims that <br />the creditor or releasing party does not know or suspect to exist in his or her <br />favor at the time of executing the release that, if known by him or her, would <br />have materially affected his or her settlement with the debtor or released <br />party. <br />A Releasor may hereafter discover facts other than or different from those which it knows, <br />believes, or assumes to be true with respect to the Released Claims, but each Governmental <br />Entity hereby expressly waives and fully, finally, and forever settles, releases and <br />discharges, upon the Effective Date, any and all Released Claims that may exist as of such <br />date but which Releasors do not know or suspect to exist, whether through ignorance, <br />oversight, error, negligence or through no fault whatsoever, and which, if known, would <br />materially affect the Governmental Entities’ decision to participate in the Janssen <br />Settlement. <br /> <br />9. This Settlement Participation Form shall be deemed effective as of the Effective Date of the <br />Janssen Settlement. <br /> <br />10. Nothing herein is intended to modify in any way the terms of the Janssen Settlement, to <br />which Governmental Entity hereby agrees. To the extent this Election and Release is <br />interpreted differently from the Janssen Settlement in any respect, the Janssen Settlement <br />controls. <br /> <br />
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