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<br />9 <br /> <br /> <br />(7) Such other actions as that Releasor and Janssen may devise to hold <br />Janssen harmless from the Claim Over. <br />d. The actions of that Releasor and Janssen taken pursuant to paragraph (c) <br />must, in combination, ensure Janssen is not required to pay more with respect <br />to Covered Conduct than the amounts owed by Janssen under this Settlement <br />Agreement. <br />e. In the event of any dispute over the sufficiency of the actions taken pursuant <br />to paragraph (c), that Releasor and Janssen may seek review by the court that <br />enters the Consent Judgment pursuant to Section X. <br />5. To the extent that the Claim-Over is based on a contractual indemnity, the <br />obligations under subsection IV.B.4 shall extend solely to a Non-Party Covered <br />Conduct Claim against a pharmacy, clinic, hospital or other purchaser or dispenser of <br />Products, a manufacturer that sold Products, a consultant, and/or a pharmacy benefit <br />manager or other third-party payor. Janssen shall notify the State, to the extent <br />permitted by applicable law, in the event that any of these types of Non-Released <br />Entities asserts a Claim-Over arising out of contractual indemnity against it. <br />C. General Release. In connection with the releases provided for in the Agreement, the State <br />(for itself and its Releasors) and each Participating Subdivision (for itself and its Releasors) <br />will expressly waive, release, and forever discharge 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 />General Release; extent. A general release does not extend to claims <br />that the creditor or releasing party does not know or suspect to exist in <br />his or her favor at the time of executing the release that, if known by <br />him or her, would have materially affected his or her settlement with <br />the debtor or released party. <br />A Releasor may thereafter 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 the State (for itself <br />and its Releasors) and each Participating Subdivision (for itself and its Releasors) will <br />expressly waive and fully, finally, and forever settle, release and discharge, upon the <br />Effective Date, any and all Released Claims that may exist as of such date but which <br />Releasors do not know or suspect to exist, whether through ignorance, oversight, error, <br />negligence or through no fault whatsoever, and which, if known, would materially affect the <br />State’s decision to enter into the Agreement or the Participating Subdivisions’ decision to <br />participate in the Agreement. <br /> <br />D. Res Judicata. Nothing in the Agreement shall be deemed to reduce the scope of the res <br />judicata or claim preclusive effect that the settlement memorialized in the Agreement, and/or <br />any Consent Judgment or other judgment entered on the Agreement, gives rise to under <br />applicable law.