Orange County NC Website
Browse       Search
9 <br /> IV. LOCAL COUNSEL FEE FUND <br /> Local Counsel have reviewed the Additional Settlements, find them to be equitable, <br /> and recommend their clients execute these Additional Settlements and this SAAF. <br /> If(1) all Local Counsel sign this SAAF whereby they consent to the terms of this <br /> SAAF and agree to be legally bound by this SAAF, including but not limited to Section <br /> IV of this SAAF, and (2) all Required Local Governments agree on or before April 18, <br /> 2023 to dismiss all litigation against the Additional Settling Defendants as required <br /> by the Additional Settlements, then each Local Counsel shall be entitled to receive a <br /> portion of the Local Counsel Fee Fund for the Additional Settlements, in such <br /> proportions as set forth below. If one or more Required Local Governments does not <br /> dismiss litigation as required by the Additional Settlements, then the 0.38% share <br /> of Additional Funds set forth in Section III.B.2 of this SAAF for the Local Counsel <br /> Fee Fund shall be included in the Local Additional Abatement Funds, such that <br /> 85% of the Additional Funds will be allocated to Local Additional Abatement Funds, <br /> and 0% will be allocated to the Local Counsel Fee Fund. <br /> Local Counsel release all North Carolina counties and municipalities from any <br /> claim regarding the obligation to pay legal fees or costs relating to their <br /> representation of North Carolina counties and municipalities regarding opioid <br /> claims and litigation against the Settling Defendants and Additional Settling <br /> Defendants. Local Counsel retain their rights to recover legal fees from any <br /> national legal fee fund established by a national settlement and to collect any fees <br /> due from National Counsel. If one or more National Counsel fails to release its <br /> North Carolina client counties and/or municipalities from any contractual obligation <br /> to pay legal fees or costs relating to their representation of North Carolina counties <br /> and municipalities regarding opioid claims and litigation against the Settling <br /> Defendants and Additional Settling Defendants, as required for National Counsel <br /> and Local Counsel to receive a portion of the national fee funds created by the <br /> National Settlement Agreements and Additional Settlement, then the 0.38% share <br /> of Additional Funds set forth in Section III.B.2 of this SAAF for the Local Counsel <br /> Fee Fund shall be included in the Local Additional Abatement Funds, such that <br /> 85% of the Additional Funds will be allocated to Local Additional Abatement Funds, <br /> and 0% will be allocated to the Local Counsel Fee Fund. <br /> As soon as practicable, but in any event no later than May 1, 2023, Local Counsel <br /> shall report to the settlement administrator the proportion of the Local Counsel Fee <br /> Fund to be received by each Local Counsel. No funds shall be paid out of the Local <br /> Counsel Fee Fund until such report is received. Each Local Counsel's release of <br /> claims against all North Carolina counties and municipalities as provided above <br /> shall remain in full force and effect regardless of the proportion of the Local Counsel <br /> Fee Fund that any Local Counsel receives. <br /> 7 <br />