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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
Creation date
5/27/2021 12:00:19 PM
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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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\Board of County Commissioners\Resolutions\2020-2029\2021
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8 <br /> WHEREAS, this MOA is also intended to serve as a State-Subdivision Agreement under <br /> resolutions of claims concerning alleged misconduct in manufacture, marketing, promotion, <br /> distribution, or dispensing of an opioid analgesic entered in bankruptcy court that provide for <br /> payments (including payments through a trust) to both the State and North Carolina counties and <br /> municipalities and allow for the allocation between a state and its political subdivisions to be set <br /> through a state-specific agreement (`Bankruptcy Resolutions"); and <br /> WHEREAS, specifically,this MOA is intended to serve under the Bankruptcy Resolution <br /> concerning Purdue Pharma L.P. as a statewide abatement agreement, and under this MOA, a <br /> statewide abatement agreement is a type of State-Subdivision Agreement. <br /> Statement of Agreement <br /> The parties hereto agree as follows: <br /> A. Definitions <br /> As used in this MOA: <br /> The terms `Bankruptcy Resolution," "MOA," "Pharmaceutical Supply Chain Participant," <br /> "State," and"State-Subdivision Agreement" are defined in the recitals to this MOA. <br /> "Coordination group"refers to the group described in Section E.7 below. <br /> "County Incentive Fund" is defined in Section G below. <br /> "Governing Body"means (1) for a county,the county commissioners of the county, and(2)for <br /> a municipality, the elected city council, town council, board of commissioners, or board of <br /> aldermen for the municipality. <br /> "Incentive Eligible Local Government" is defined in Section G below. <br /> "Local Abatement Funds" are defined in Section B.2 below. <br /> "Local Government" means all counties and municipalities located within the geographic <br /> boundaries of the State of North Carolina that have chosen to sign on to this MOA. <br /> "MDL Matter" means the matter captioned In re: National Prescription Opiate Litigation, <br /> MDL 2804 pending in the United States District Court for the Northern District of Ohio. <br /> "MDL Parties" means all parties who participated in the matter captioned In re: National <br /> Prescription Opiate Litigation, MDL 2804 pending in the United States District Court for the <br /> Northern District of Ohio as Plaintiffs. <br /> 4 <br />
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