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<br /> <br />1 <br /> <br />Proposed California State-Subdivision Agreement <br />Regarding Distribution and Use of <br />Settlement Funds – Distributor Settlement <br /> <br />1. Introduction <br /> <br />Pursuant to the Distributor Settlement Agreement, dated as of July 21, 2021, and any revision <br />thereto (the “Distributor Settlement Agreement”), including Section V and Exhibit O, the State <br />of California proposes this agreement (the “CA Distributor Allocation Agreement”) to govern <br />the allocation, distribution, and use of Settlement Fund payments made to California pursuant to <br />Sections IV and V of the Distributor Settlement Agreement.1 For the avoidance of doubt, this <br />agreement does not apply to payments made pursuant to Sections IX or X of the Distributor <br />Settlement Agreement. <br /> <br />Pursuant to Exhibit O, Paragraph 4, of the Distributor Settlement Agreement, acceptance of this <br />CA Distributor Allocation Agreement is a requirement to be an Initial Participating Subdivision. <br /> <br />2. Definitions <br /> <br />a) CA Participating Subdivision means a Participating Subdivision that is also (a) a <br />Plaintiff Subdivision and/or (b) a Primary Subdivision with a population equal to or <br />greater than 10,000. For the avoidance of doubt, eligible CA Participating <br />Subdivisions are those California subdivisions listed in Exhibit C (excluding <br />Litigating Special Districts) and/or Exhibit I to the Distributor Settlement Agreement. <br />b) Janssen Settlement Agreement means the Janssen Settlement Agreement dated July <br />21, 2021, and any revision thereto. <br />c) Litigating Special District means a school district, fire protection district, health <br />authority, health plan, or other special district that has filed a lawsuit against an <br />Opioid Defendant. Litigating Special Districts include Downey Unified School <br />District, Elk Grove Unified School District, Kern High School District, Montezuma <br />Fire Protection District (located in Stockton, California), Santa Barbara San Luis <br />Obispo Regional Health Authority, Inland Empire Health Plan, Health Plan of San <br />Joaquin, and LA Care Health Plan. <br />d) Plaintiff Subdivision means a Subdivision located in California, other than a <br />Litigating Special District, that filed a lawsuit, on behalf of the Subdivision and/or <br />through an official of the Subdivision on behalf of the People of the State of <br />California, against one or more Opioid Defendants prior to October 1, 2020. <br />                                                        <br />1 A parallel but separate agreement (the “CA Janssen Allocation Agreement”) will govern the <br />allocation, distribution, and use of settlement fund payments under the Janssen Settlement <br />Agreement. An eligible Subdivision may elect to participate in either the Distributor Settlement <br />or the Janssen Settlement, or in both. <br />286