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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
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Agenda
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6-a
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RES-2021-036-RESOLUTION Opioid Litigation Memorandum of agreement
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17 <br /> amendments) for resolutions with Pharmaceutical Supply Chain Participants not covered <br /> by the National Settlement Agreement or a Bankruptcy Resolution. <br /> 6. Applicable law and venue. Unless required otherwise by the National Settlement <br /> Agreement or a Bankruptcy Resolution, this MOA shall be interpreted using North <br /> Carolina law and any action related to the provisions of this MOA must be adjudicated by <br /> the Superior Court of Wake County. If any provision of this MOA is held invalid by any <br /> court of competent jurisdiction, this invalidity does not affect any other provision which <br /> can be given effect without the invalid provision. <br /> 7. Scope of MOA. The Parties acknowledge that this MOA does not excuse any requirements <br /> placed upon them by the terms of the National Settlement Agreement or any Bankruptcy <br /> Resolution, except to the extent those terms allow for a State-Subdivision Agreement to do <br /> SO. <br /> 8. No thirdpart_y beneficiaries. No person or entity is intended to be a third party beneficiary <br /> of this MOA. <br /> 9. No effect on authority of parties. Nothing in this MOA shall be construed to affect or <br /> constrain the authority of the Parties under law. <br /> 10. Signing and execution of MOA. This MOA may be signed and executed simultaneously <br /> in any number of counterparts, each of which shall be deemed an original, but all of which <br /> together shall constitute one and the same agreement. A signature transmitted by facsimile <br /> or electronic image shall be deemed an original signature for purposes of executing this <br /> MOA. Each person signing this MOA represents that he or she is fully authorized to enter <br /> into the terms and conditions of,and to execute,this MOA, and that all necessary approvals <br /> and conditions precedent to his or her execution have been satisfied. <br /> (Signature pages follow) <br /> 13 <br />
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