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Resolution 2024-069
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04. April
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2024-04-16 10:00 AM - Commissioners' Agenda
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Resolution 2024-069
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Last modified
5/22/2024 9:25:50 AM
Creation date
5/22/2024 9:24:53 AM
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
Fully Executed Version
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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court proceedings resulting in a modified judgment of the Court. For purposes of modiffing <br />this Agreement or the Consent Judgment, Janssen may contact the Washington Attomey <br />General to coordinate this process. <br />S. Terruination. <br />Unless otherwise agreed to by Janssen and the State, this Agreement and all of its <br />terms (except subsection XI.L and any other non-admissibility provisions, which <br />shall continue in full force and effect) shall be canceled and terminated with respect <br />to the State, and the Agreement and all orders issued by the Court pursuant to the <br />Agreement shall become null and void and of no effect if one or more of the <br />following conditions applies: <br />a.A Consent Judgment approving this Agreement without modification of any <br />of the Agreement's terms has not been entered as to the State by a court of <br />competent jurisdiction on or before one hundred eighty (180) days after <br />Janssen's payment under Section V; or <br />This Agreement or the Consent Judgment has been disapproved by a court of <br />competent jurisdiction to which it was presented for approval and/or entry <br />(or, in the event of an appeal from or review of a decision of such a coutt to <br />approve this Agreement and the Consent Judgment, by the court hearing such <br />appeal or conducting such review), and the time to appeal from such <br />disapproval has expired, or, in the event ofan appeal from such disapproval, <br />the appeal has been dismissed or the disapproval has been affirmed by the <br />court of last resoft to which such appeal has been taken and such dismissal or <br />disapproval has become no longer subject to further appeal (including, <br />without limitation, review by the United States Supreme Court). <br />2.If this Agreement is terminated with respect to the State and its Participating <br />Subdivisions for whatever reason pursuant to subsection XI.S.l, then: <br />a. An applicable statute of limitation or any similar time requirement (excluding <br />any statute ofrepose) shall be tolled from the date the State signed this <br />Agreement until the later of the time permitted by applicable law or for one <br />year from the date of such termination, with the effect that Janssen and the <br />State in question shall be in the same position with respect to the statute of <br />limitation as they were at the time the State filed its action; and <br />b. Janssen and the State and its Participating Subdivisions shall jointly move the <br />relevant court of competent jurisdiction for an order reinstating the actions <br />and claims dismissed pursuant to the terms of this Agreement governing <br />dismissal, with the effect that Janssen and the State and its Participating <br />Subdivisions shall be in the same position with respect to those actions and <br />claims as they were at the time the action or claim was stayed or dismissed. <br />b <br />l8
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