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2 <br />e)Opioid Defendant means any defendant (including but not limited to Johnson & <br />Johnson, Janssen Pharmaceuticals, Inc., Purdue Pharma L.P., Cardinal Health, Inc., <br />AmerisourceBergen Corporation, and McKesson Corporation) named in a lawsuit <br />seeking damages, abatement, or other remedies related to or caused by the opioid <br />public health crisis in any lawsuit brought by any state or local government on or <br />before October 1, 2020. <br />3. General Terms <br />This agreement is subject to the requirements of the Distributor Settlement Agreement, as well as <br />applicable law, and the Distributor Settlement Agreement governs over any inconsistent <br />provision of this CA Distributor Allocation Agreement. Terms used in this CA Distributor <br />Allocation Agreement have the same meaning as in the Distributor Settlement Agreement unless <br />otherwise defined herein. <br />Pursuant to Section V(D)(1) of the Distributor Settlement Agreement, (a) all Settlement Fund <br />payments will be used for Opioid Remediation, except as allowed by Section V(B)(2) of the <br />Distributor Settlement Agreement; and (b) at least seventy percent (70%) of Settlement Fund <br />payment amounts will be used solely for future Opioid Remediation. <br />4. State Allocation <br />The Settlement Fund payments to California,2 pursuant to the Distributor Settlement Agreement, <br />shall be allocated as follows: 15% to the State Fund; 70% to the Abatement Accounts Fund; and <br />15% to the Subdivision Fund. For the avoidance of doubt, all funds allocated to California from <br />the Settlement Fund shall be combined pursuant to this CA Distributor Allocation Agreement, <br />and 15% of that total shall be allocated to the State of California (the “State of California <br />Allocation”), 70% to the California Abatement Accounts Fund (“CA Abatement Accounts <br />Fund”), and 15% to the California Subdivision Fund (“CA Subdivision Fund”). <br />A. State of California Allocation <br />Fifteen percent of the total Settlement Fund payments will be allocated to the State and used by <br />the State for future Opioid Remediation. <br />B. CA Abatement Accounts Fund <br />i. Allocation of CA Abatement Accounts Funds <br />a)Seventy percent of the total Settlement Fund payments will be allocated to the CA <br />Abatement Accounts Fund. The funds in the CA Abatement Accounts Fund will be <br />2 For purposes of clarity, use of the term “California” refers to the geographic territory of <br />California and the state and its local governments therein. The term “State” or “State of <br />California” refers to the State of California as a governmental unit. <br />287