Laserfiche WebLink
<br />1 <br />WASHINGTON STATE ALLOCATION AGREEMENT GOVERNING THE <br />ALLOCATION OF OPIOID SETTLEMENT FUNDS PAID BY KROGER <br />JUNE 28, 2024 <br />This Washington State Allocation Agreement Governing the Allocation of Opioid <br />Settlement Funds Paid by Kroger (the “Allocation Agreement III”) governs the distribution of <br />funds obtained from the Kroger Co. (“Kroger”) in connection with the resolution of any and all <br />claims by the State of Washington and the counties, cities, and towns in Washington State <br />(“Local Governments”) against Kroger via the Kroger Settlement Agreement dated March 22, <br />2024 (“Settlement”). The Settlement can be accessed at https://nationalopioidsettlement.com/. <br />The terms and definitions of the Settlement are incorporated into this Allocation Agreement III, <br />and any undefined terms in this Allocation Agreement III are as defined in the Settlement. <br />1. This Allocation Agreement III is intended to be a State-Subdivision Agreement as <br />defined in the Settlement. This Allocation Agreement III shall be interpreted to be <br />consistent with the requirements of a State-Subdivision Agreement in the <br />Settlement. <br />2. This Allocation Agreement III shall become effective only if all of the following <br />occur: <br />A. The State of Washington joins the Settlement and becomes a Settling State <br />as provided for in the Settlement. <br />B. The Settlement becomes final and effective and a Consent Judgment is <br />filed and approved as provided for in the Settlement. <br />C. The number of Local Governments that execute and return this Allocation <br />Agreement III satisfies the participation requirements for a State- <br />Subdivision Agreement as specified in the Settlement. <br />3. Requirements to become a Participating Local Government. To become a <br />Participating Local Government that can participate in this Allocation Agreement <br />III, a Local Government must do all of the following: <br />A. The Local Government must execute and return this Allocation <br />Agreement III. <br />B. The Local Government must release its claims against Kroger identified in <br />the Settlement and agree to be bound by the terms of the Settlement by <br />timely executing and returning the Participation Form, which is Exhibit K <br />of the Settlement. <br />C. Litigating Subdivisions, also referred to as Litigating Local Governments, <br />must dismiss Kroger with prejudice from their lawsuits.