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10 <br /> a. Local Governments receiving_payments. The proportions set forth in Exhibit G <br /> provide for payments directly to (i) all North Carolina counties, (ii)North Carolina <br /> municipalities with populations over 75,000 based on the United States Census <br /> Bureau's Vintage 2019 population totals, and (iii) North Carolina municipalities <br /> who are also MDL Parties as of January 1, 2021. <br /> b. Municipality may direct payments to countL. Any municipality allocated a share <br /> in Exhibit G may elect to have its share of current or future annual distributions of <br /> Local Abatement Funds instead directed to the county or counties in which it is <br /> located. Such an election may be made by January 1 each year to apply to the <br /> following fiscal year. If a municipality is located in more than one county, the <br /> municipality's funds will be directed based on the MDL Matter's Opioid <br /> Negotiation Class Model. <br /> 5. Use of funds for opioid remediation activities. This MOA requires that except as related <br /> to the payment of the Parties' litigation expenses and the reimbursement of the United <br /> States Government,all Opioid Settlement Funds,regardless of allocation,shall be utilized <br /> only for opioid remediation activities. <br /> 6. Relationship of this MOA to other agreements and resolutions. All Parties acknowledge <br /> and agree the National Settlement Agreement will require a Local Government to release <br /> all its claims against the Settling Defendants to receive Opioid Settlement Funds. All <br /> Parties further acknowledge and agree based on the terms of the National Settlement <br /> Agreement, a Local Government may receive funds through this MOA only after <br /> complying with all requirements set forth in the National Settlement Agreement to release <br /> its claims. This MOA is not a promise from any Party that any National Settlement <br /> Agreement or Bankruptcy Resolution will be finalized or executed. <br /> C. Payment of Litigating and Non-Litigating Parties <br /> No Party engaged in litigating the MDL Matter shall receive a smaller payment than a <br /> similarly situated non-litigating Party, other than as based on the Allocation Proportions in <br /> Exhibit G or based on the eligibility criteria for payments from the County Incentive Fund <br /> as provided by Section G below. <br /> D. Special Revenue Fund <br /> 1. Creation of special revenue fund. Every Local Government receiving Opioid Settlement <br /> Funds shall create a separate special revenue fund, as described below, that is designated <br /> for the receipt and expenditure of the Opioid Settlement Funds. <br /> 2. Procedures for special revenue fund. Funds in this special revenue fund shall not be <br /> commingled with any other money or funds of the Local Government. The funds in the <br /> 6 <br />