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Agenda - 06-01-2021; 6-a - Opioid Litigation Memorandum of Agreement
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Agenda - 06-01-2021; 6-a - Opioid Litigation Memorandum of Agreement
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5/27/2021 11:50:05 AM
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BOCC
Date
6/1/2021
Meeting Type
Business
Document Type
Agenda
Agenda Item
6-a
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RES-2021-036-RESOLUTION Opioid Litigation Memorandum of agreement
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16 <br /> H. Effectiveness <br /> 1. When MOA takes effect. This MOA shall become effective at the time a sufficient number <br /> of Local Governments have joined the MOA to qualify this MOA as a State-Subdivision <br /> Agreement under the National Settlement Agreement or any Bankruptcy Resolution. If <br /> this MOA does not thereby qualify as a State-Subdivision Agreement,this MOA will have <br /> no effect. <br /> 2. Amendments to MOA. <br /> a. Amendments to conform to final national documents. The Attorney General, <br /> with the consent of a majority vote from a group of Local Government attorneys <br /> appointed by the Association of County Commissioners, may initiate a process <br /> to amend this MOA to make any changes required by the final provisions of the <br /> National Settlement Agreement or any Bankruptcy Resolution. The Attorney <br /> General's Office will provide written notice of the necessary amendments to all <br /> the previously joining parties. Any previously joining party will have a two- <br /> week opportunity to withdraw from the MOA. The amendments will be <br /> effective to any party that does not withdraw. <br /> b. Coordination group. The coordination group may make the changes authorized <br /> in Exhibit D. <br /> c. No amendments to allocation between Local Governments. Notwithstanding <br /> any other provision of this MOA,the allocation proportions set forth in Exhibit <br /> G may not be amended. <br /> d. General amendment power. After execution, the coordination group may <br /> propose other amendments to the MOA, subject to the limitation in <br /> Section H.2.c above. Such amendments will take effect only if approved in <br /> writing by the Attorney General and at least two-thirds of the Local <br /> Governments who are Parties to this MOA. In the vote,each Local Government <br /> Parry will have a number of votes measured by the allocation proportions set <br /> forth in Exhibit G. <br /> 3. Acknowledgement. The Parties acknowledge that this MOA is an effective and fair way to <br /> address the needs arising from the public health crisis due to the misconduct committed by <br /> the Pharmaceutical Supply Chain Participants. <br /> 4. When MOA is no longer in effect. This MOA is effective until one year after the last date <br /> on which any Opioid Settlement Funds are being spent by Local Governments pursuant to <br /> the National Settlement Agreement and any Bankruptcy Resolution. <br /> 5. Application of MOA to settlements and bankruptcy resolutions. This MOA applies to all <br /> settlements under the National Settlement Agreement with the Settling Defendants and any <br /> Bankruptcy Resolutions. The Parties agree to discuss the use, as the Parties may deem <br /> appropriate in the future, of the settlement terms set out herein (after any necessary <br /> 12 <br />
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