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Attachment_C_SubdivisionParticipationForm
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2024-08-06 10:00 AM - Commissioners' Agenda
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Attachment_C_SubdivisionParticipationForm
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Last modified
8/1/2024 1:08:12 PM
Creation date
8/1/2024 1:07:52 PM
Metadata
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Template:
Meeting
Date
8/6/2024
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 Kroger Co. Multi-State Settlement Agreement
Order
2
Placement
Consent Agenda
Row ID
120774
Type
Resolution
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<br />K-1 <br />EXHIBIT K <br />Subdivision Participation and Release Form <br />Governmental Entity: State: <br />Authorized Official: <br />Address 1: <br />Address 2: <br />City, State, Zip: <br />Phone: <br />Email: <br /> <br /> The governmental entity identified above (“Governmental Entity”), in order to obtain and <br />in consideration for the benefits provided to the Governmental Entity pursuant to the Settlement <br />Agreement dated March 22, 2024 (“Kroger Settlement”), and acting through the undersigned <br />authorized official, hereby elects to participate in the Kroger Settlement, release all Released <br />Claims against all Released Entities, and agrees as follows. <br /> <br />1. The Governmental Entity is aware of and has reviewed the Kroger Settlement, understands <br />that all terms in this Participation and Release Form have the meanings defined therein, <br />and agrees that by executing this Participation and Release Form, the Governmental Entity <br />elects to participate in the Kroger Settlement and become a Participating Subdivision as <br />provided therein. <br /> <br />2. The Governmental Entity shall promptly, and in any event no later than 14 days after the <br />Reference Date and prior to the filing of the Consent Judgment, dismiss with prejudice any <br />Released Claims that it has filed. With respect to any Released Claims pending in In re <br />National Prescription Opiate Litigation, MDL No. 2804, the Governmental Entity <br />authorizes the Plaintiffs’ Executive Committee to execute and file on behalf of the <br />Governmental Entity a Stipulation of Dismissal with Prejudice substantially in the form <br />found at https://nationalopioidsettlement.com/. <br /> <br />3. The Governmental Entity agrees to the terms of the Kroger Settlement pertaining to <br />Participating Subdivisions as defined therein. <br /> <br />4. By agreeing to the terms of the Kroger Settlement and becoming a Releasor, the <br />Governmental Entity is entitled to the benefits provided therein, including, if applicable, <br />monetary payments beginning after the Effective Date. <br /> <br />5. The Governmental Entity agrees to use any monies it receives through the Kroger <br />Settlement solely for the purposes provided therein. <br /> <br />6. The Governmental Entity submits to the jurisdiction of the court in the Governmental <br />Entity’s state where the Consent Judgment is filed for purposes limited to that court’s role <br />as provided in, and for resolving disputes to the extent provided in, the Kroger Settlement. <br />The Governmental Entity likewise agrees to arbitrate before the National Arbitration Panel
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