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<br />naltrexone, oxycodone, oxymorphone, tapentadol, tramadol, opium, heroin,
<br />carfentanil, any variant of these substances, or any similar substance. “Product” also
<br />includes any natural, synthetic, semi-synthetic or chemical raw materials, starting
<br />materials, finished active pharmaceutical ingredients, drug substances, and any
<br />related intermediate products used or created in the manufacturing process for any of
<br />the substances described in the preceding sentence.
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<br />22. “Released Claims” means any and all Claims that directly or indirectly are based on,
<br />arise out of, or in any way relate to or concern the Covered Conduct occurring prior
<br />to the Effective Date. Without limiting the foregoing, “Released Claims” include any
<br />Claims that have been asserted against the Released Entities by the State or any of its
<br />Litigating Subdivisions in any federal, state or local action or proceeding (whether
<br />judicial, arbitral, or administrative) based on, arising out of or relating to, in whole or
<br />in part, the Covered Conduct, or any such Claims that could be or could have been
<br />asserted now or in the future in those actions or in any comparable action or
<br />proceeding brought by the State, any of its Subdivisions, or any Releasors (whether
<br />or not such State, Subdivision, or Releasor has brought such action or proceeding),
<br />provided the Covered Conduct occurs prior to the Effective Date. Released Claims
<br />also include all Claims asserted in any proceeding to be dismissed pursuant to the
<br />Agreement, whether or not such claims relate to Covered Conduct, provided the
<br />Covered Conduct occurs prior to the Effective Date. The Parties intend that
<br />“Released Claims” be interpreted broadly. This Agreement does not release Claims
<br />by private individuals. It is the intent of the Parties that Claims by private individuals
<br />be treated in accordance with applicable law. Released Claims is also used herein to
<br />describe Claims brought by a Subdivision or other non-party Subdivision after the
<br />Effective Date that would have been Released Claims if they had been brought by a
<br />Releasor against a Released Entity.
<br />23. “Released Entities” means Janssen and (1) all of Janssen’s past and present direct or
<br />indirect parents, subsidiaries, divisions, predecessors, successors, assigns, including
<br />Noramco, Inc. and Tasmanian Alkaloids PTY. LTD.; (2) the past and present direct
<br />or indirect subsidiaries, divisions, and joint ventures, of any of the foregoing; (3) all
<br />of Janssen’s insurers (solely in their role as insurers with respect to the Released
<br />Claims); (4) all of Janssen’s, or of any entity described in subsection (1), past and
<br />present joint ventures; and (5) the respective past and present officers, directors,
<br />members, shareholders (solely in their capacity as shareholders of the foregoing
<br />entities), partners, trustees, agents, and employees of any of the foregoing (for
<br />actions that occurred during and related to their work for, or employment with,
<br />Janssen). Any person or entity described in subsections (3)-(5) shall be a Released
<br />Entity solely in the capacity described in such clause and shall not be a Released
<br />Entity with respect to its conduct in any other capacity. For the avoidance of doubt,
<br />the entities listed in Exhibit D are not Released Entities; and provided further that
<br />any joint venture partner of Janssen or Janssen’s subsidiary is not a Released Entity
<br />unless it falls within subsections (1)-(5) above. A list of Janssen’s present
<br />subsidiaries and affiliates is attached as Exhibit G. Janssen’s predecessor entities
<br />include but are not limited to those entities listed on Exhibit A. For the avoidance of
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