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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
Metadata
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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 />E-7 <br /> <br /> <br />perceived violations of the Agreement or this Judgment. The State may not assign or otherwise <br />convey any right to enforce any provision of the Agreement. <br />18. Admissibility. It is the intent of the Parties that this Judgment not be admissible in <br />other cases against Defendants or binding on Defendants in any respect other than in connection with <br />the enforcement of this Judgment or the Agreement. For the avoidance of doubt, nothing herein shall <br />prohibit Defendants from entering this Judgment or the Agreement into evidence in any litigation or <br />arbitration concerning (1) Defendants’ right to coverage under an insurance contract or (2) the <br />enforcement of the releases provided for by the Agreement and this Judgment. <br />19. Preservation of Privilege. Nothing contained in the Agreement or this Judgment, and <br />no act required to be performed pursuant to the Agreement or this Judgment, is intended to constitute, <br />cause, or effect any waiver (in whole or in part) of any attorney-client privilege, work product <br />protection, or common interest/joint defense privilege, and each Party agrees that it shall not make or <br />cause to be made in any forum any assertion to the contrary. <br />20. Mutual Interpretation. The Parties agree and stipulate that the Agreement was <br />negotiated on an arm’s-length basis between parties of equal bargaining power and was drafted jointly <br />by counsel for each Party. Accordingly, the Agreement is incorporated herein by reference and shall <br />be mutually interpreted and not construed in favor of or against any Party, except as expressly <br />provided for in the Agreement. <br />21. Retention of Jurisdiction. The Court shall retain jurisdiction of the Parties for the <br />limited purpose of the resolution of disputes identified in Section X of the Agreement. The Court <br />shall have jurisdiction over Participating Subdivisions in the State for the limited purposes identified <br />in the Agreement.
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