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9 <br /> "National Settlement Agreement" means a national opioid settlement agreement with the <br /> Parties and one or all of the Settling Defendants concerning alleged misconduct in manufacture, <br /> marketing, promotion, distribution, or dispensing of an opioid analgesic. <br /> "Opioid Settlement Funds" shall mean all funds allocated by the National Settlement <br /> Agreement and any Bankruptcy Resolutions to the State or Local Governments for purposes of <br /> opioid remediation activities or restitution, as well as any repayment of those funds and any <br /> interest or investment earnings that may accrue as those funds are temporarily held before being <br /> expended on opioid remediation strategies. Not included are funds made available in the <br /> National Settlement Agreement or any Bankruptcy Resolutions for the payment of the Parties' <br /> litigation expenses or the reimbursement of the United States Government. <br /> "Parties"means the State of North Carolina and the Local Governments. <br /> "Settling Defendants" means Johnson & Johnson, AmerisourceBergen, Cardinal Health, and <br /> McKesson, as well as their subsidiaries, affiliates, officers, and directors named in a National <br /> Settlement Agreement. <br /> "State Abatement Fund"is defined in Section B.2 below. <br /> B. Allocation of Settlement Proceeds <br /> 1. Method of distribution. Pursuant to the National Settlement Agreement and any <br /> Bankruptcy Resolutions,Opioid Settlement Funds shall be distributed directly to the State <br /> and to Local Governments in such proportions and for such uses as set forth in this MOA, <br /> provided Opioid Settlement Funds shall not be considered funds of the State or any Local <br /> Government unless and until such time as each annual distribution is made. <br /> 2. Overall allocation of funds. Opioid Settlement Funds shall be allocated as follows: (i) <br /> 15% directly to the State ("State Abatement Fund"), (ii) 80% to abatement funds <br /> established by Local Governments ("Local Abatement Funds"), and(iii) 5% to a County <br /> Incentive Fund described in Section G below. <br /> 3. Allocation of funds between Local Governments. The Local Abatement Funds shall be <br /> allocated to counties and municipalities in such proportions as set forth in Exhibit G, <br /> attached hereto and incorporated herein by reference, which is based upon the MDL <br /> Matter's Opioid Negotiation Class Model. The proportions shall not change based on <br /> population changes during the term of the MOA. However, to the extent required by the <br /> terms of the National Settlement Agreement, the proportions set forth in Exhibit G shall <br /> be adjusted: (i) to provide no payment from the National Settlement Agreement to any <br /> listed county or municipality that does not participate in the National Settlement <br /> Agreement; and (ii) to provide a reduced payment from the National Settlement <br /> Agreement to any listed county or municipality that signs onto the National Settlement <br /> Agreement after the initial participation deadline. <br /> 4. Municipal allocations. Within counties and municipalities: <br /> 5 <br />