23-R-27 Opioid SettlementsRESOT,UTTON NO. 23-R-27
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS AUTHORIZING THE CITY MANAGER TO
EXECUTE SETTLEMENT PARTICIPATION FORMS FROM OPIOID
SETTLEMENT AGREEMENTS SECURED BY THE OFFICE OF THE
ATTORNEY GENERAL.
'VHEREAS, the State of Texas, through the Office of the Attorney General, and
a negotiation group for Texas poJitieal subdivisions entered into an agreement entitled Texas
Opioid Abatement Fund Council and Settlement Allocation Tenn Sheet approving the allocation
of any and all opioid settlement funds within the State of Texas; and
\VHEREAS, the City Attorney and the State of Texas have recommended that the
City Council of the City of Schertz, Texas support the adoption and approval of the Texas Term
Sheet in its entirety; and
WHEREAS, participating in the Texas Term Sheet increases the State of Texas'
opportunity to max.imi:le its share of opioid settlement funds and will provide a method to ensure
that needed resources reach communities once all negotiations are finalized; and
WHEREAS, the City Council finds and determines that it is in the be!;t interest of the
health, safety, and welfare of the City to participate in the Texas Term Sheet.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS THAT:
Section l. The City Council hereby authorizes the City Manager to execute the
Settlement Participation Fo1ms, attached hereto.
Section 2. The recitals contained in the preamble hereof are hereby found to be true, and
such recitals are hereby made a part of this Resolution for all purposes and are adopted as
a part of the judgment and findings of the City Council.
Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with any
provision of this Resolution are hereby repealed to the extent of such conflict, and the
provisions of this Resolution shall be and remain controlling as to the matters resolved
herein.
Section 4. This Resolution shall be construed and enforced in accordance with the laws
of the State of Texas and the United Stales of America.
Section 5. If any provision of this Resolution or the application thereof to any person or
circumstance shall be held to be invalid, the remainder of this Resolution and the
application of such provision to other persons and circumstances shall nevertheless be
valid, and the City Council hereby declares that this Resolution would have been enacted
without such invalid provision.
Section 6. It is officially found, determined, and dcc1arcd that the meeting at which this
Resolution is adopted was open to the public and public notice of the time, place, and
subject matter of the public business to be considered at such meeting, including this
Resolution, was given, all as required by Chapter 551, Texas Government Code, as
amended.
Seclion 7. This Resolution shall be in force and effect from and after its final passage,
and it is so resolved.
PASSED AND ADOPTED, this 28 11
' day of March, 2023.
TO LOCAL POLITICAL SUBDIVISIONS:
IMPORTANT INFORMATION ABOUT NEW OPIOID SETTLEMENTS WITH ALLERGAN, CVS,
WALMART, AND WALGREENS.
SUBDIVISIONS MUST SUBMIT SIGNED DOCUMENTATION TO PARTICIPATE.
THE DEADLINE FOR PARTICIPATION IS APRIL 18, 2023.
If your subdivision is represented by an attorney with respect to opioid claims, please
immediately contact them.
Please note that this settlement is a NEW opioid settlement; your subdivision may have
previously submitted documents for the Distributors, Janssen/J&J, Endo, and Teva
settlements.
To participate in the Allergan, CVS, Walgreens, and Walmart settlements, you will need to
submit new documentation.
WHY IS YOUR SUBDIVISION RECEIVING THIS NOTICE?
You are receiving this email because Texas settled with Allergan, CVS, Walgreens, and Walmart,
and your subdivision may participate in these Settlements. This email is being sent directly to
subdivisions who are not litigating against Allergan, CVS, Walgreens, and/or Wal mart. If you are
represented by an attorney with respect to opioid claims, please immediately contact them.
Please note that there is no need for subdivisions to be represented by an attorney or to have
filed a lawsuit to participate in the Settlements.
Your subdivision may have already signed on to the Distributor, Janssen/J&J, Endo, and/or Teva
settlements and adopted the Texas Term Sheet. If so, do not disregard this notice. These are
settlements with Allergan, CVS, Wafgreens, and warmart. If you have already signed on to the
Allergan, CVS, Walgreens, and Walmart Settlements, you may disregard this notice.
HOW DO YOU PARTICIPATE IN THE smLEMENTS?
All required documentation must be executed and submitted to the email address:
opioids@oag.texas.gov. Your subdivision will need to submit the Subdivision Participation
Form for each settlement to opioids@oag.texas.gov. Please also be sure to include in the Form
the identity and email address of the individual who is authorized to sign formal and binding
documents on behalf of your subdivision.
SETTLEMENT OVERVIEW
The proposed Settlements require Allergan to pay $135 million, CVS to pay $304 million,
Walgreens to pay $340 million, and Walmart to pay $170 million (the "Settlement Amount"} to
Texas and its political subdivisions. Of the Settlement Amount, the vast majority is earmarked
for use by Texas and its subdivisions to remediate and abate the impacts of the opioid
crisis. The Settlements also contain injunctive relief provisions governing the opioid marketing
as well as the sale and dispensing practices at the heart of the opioid claims in the lawsuits.
The subdivisions within Texas are entitled to decide whether they wish to participate in the
settlement. Any subdivision that does not participate cannot directly share in any of the
settlement funds.
WHERE CAN YOU FINO MORE INFORMATION?
This email is intended to provide a brief overview of the Settlements. Detailed information
about the Settlements may be found at the website set up by Office of the Attorney General of
Texas: htt ps://www. texasa ttorneygeneral. gov /globalo pioidsettlement.
WHY YOU SHOULD PARTICIPATE
Texas, other states, and cities and counties around the country have announced support of this
settlement.
Subdivision participation is strongly encouraged, for the following reasons:
First, the amounts to be paid under the Settlements, while insufficient to abate the epidemic
fully, will contribute to allowing Texas and its local governments to commence with meaningful
change designed to curb opioid addiction, overdose, and death, following on the Distributors
and Johnson & Johnson/Janssen settlements from 2021 and the Teva and Endo settlements
from 2022;
Second, time is of the essence. The opioid epidemic continues to devastate communities
around the country, and it is critical that the funds begin to flow to allow governments to
address the epidemic in their communities as soon as possible; and
Third, you know first-hand the effects of the opioid epidemic on your community. Funds from
these settlements will be used to commence abatement of the crisis and provide relief to your
citizens while lit iga tion and settlement discussi ons proce ed agains t numerous other defendants
in th e opioid industry.
HOW WILL SETTLEMENT FUNDS BE ALLOCATED IN TEXAS?
The Texas Term Sheet, which sets the allocation between subdivisions and the State, can be
found on the Texas Attorney General's website. Any questions co n cernin g the status or terms
of the Texas Term Sheet and allocations in Texas can be directed to the Texas Attorney
Gen era l's Office.
You may be co ntacted by the Texas Attorney General's Office with additional information
regarding the allocation of settlement funds in Texas. Subdivisions with representation can
expect information from their attorneys. We encourage you to review all materials and to
follow up with any questions. The terms of these settlements are complex, and we want to be
sure you have all the information you need to make your decision.
As with t h e other opioid settlements, the Texas Comptroller of Public Accounts and the Texas
Opioid Council will disburse fu nds to partic ipating politica l su bd iv ision s in Texas.
NEXT STEPS
This settlement requires t hat you take affirmat ive steps to 'opt in' to the settlement. If you do
not act , you will not receive any settlement funds.
Fi rst, have your authorizing person(s) or body begin to review the materials on the website
concerning the settlement agreement terms and the Texas Term Sheet. Develop a list of
questions for your counsel or the Texas Attorney Gen eral 's Office. Your subdivision will need to
begin the process of deciding whether to participate in the propose d settlement, and
subdivisions are encouraged to work through this proce ss well before the April 18, 2023,
deadline. Ag ain, the Texas Attorney General's Office, your co un se l, and other contacts within
the state are available to discuss the specifics of the settlements within your state and we
encourage you to discuss the terms and benefits of the settl ements with them.
Second, should you dec ide to proceed with partici pati ng, your subdivis ion will need to submit
your sign ed Subdivision Participation Form to opioids@oag.texas.gov.
NOTE: If your subdiv ision has not already done so, your subdivision w ill need to adopt the Te xas
Te rm Sheet and its intrastate allocation schedu le. If your su bd ivisio n has previously signed on to
the Di stri but ors, J&J /Jans se n, Endo, and/or Teva settlements, you will have already adopted the
Texas Te r m Sheet. There is no need to readopt the Texas Te rm Sheet. If you have NOT adopted
the Te xas Te rm Sheet, please contact o pioids@oag.texas.gov.
We urge you to view the Texas Attorney General's website at your earliest convenience.
Information and documents regarding the settlement can be found on the settlement website
at: https://www. texasattornevg enera I .gov /globa lop ioidsettlement
Questions regarding the opioid settlements can be directed to: Stephanie Eberhardt
(ste phanie.eberhardt@oa g.texas.gov) and opioids@oag.texas.gov.
FREQUENTLY ASKED QUESTIONS
1. My subdivision already signed up for opioid settlements. Is that good enough for these
new settlements?
No, you will need to submit separate Subdivision Participation Forms for Allergan, CVS,
Walgreens, and Wal mart; opting into the other settlements does not sign you up for this one.
2. Does my subdivision need to pass a resolution to sign up for this settlement?
This depends on the specifics of what your county or city is required to do to release
legal claims. If your city manager, for example, is authorized to generally enter into opioid
settlements, you may not need a resolution. Consult your legal counsel for advice.
If your subdivision has already adopted the Texas Term Sheet to sign on to a previous
opioid settlement, you do NOT need to adopt an additional resolution to readopt the Texas
Term Sheet.
3. When will my subdivision receive funds from this settlement and/or the other
settlements?
Funds for the Distributors, J&J/Janssen, Endo, and Teva settlements have been paid to
the Texas Comptroller of Public Accounts, the Texas Opioid Council, and the Texas Treasury
Safekeeping Trust Company. Please contact OAFC.Public @c pa.texas .gov l or more details.
4. How much wiJI my subdivision receive from the Allergan, CVS, Walgreens, and Walmart
Settlements?
If you have questions about your subdivision's individual allocation amount, please
contact Stephanie Eberhardt (step hanie.eberhardt @oa g.texas.gov) or opioids@oag.texas.gov.
5. What are all the different Texas opioid settlements?
Here is a summary of all the opioid settlements between Texas and its political
subdivisions and the various manufacturers, distributors, and retail pharmacies:
Date Announced Company Amount
February 2021 McKinsey $38.4 million
July 2021 Distributors $1.271 billion
(AmerisourceBergen, Cardinal
Health, and McKesson)
July 2021 Janssen $296 million
December 2021 Endo $63 million
February 2021 Teva $150 million plus $75 million in
product
June 2021 Mallinckrodt $74 million
December 2022 Allergan $135 million
December 2022 Walmart $170 million
December 2022 CVS $304 million
December 2022 Walgreens $340 million
Total 12 companies $2.919 billion
EXIDBTTK
Subdivision and Soecial District Settlement Participation Form
Governmental Entity: I State:
Authorized Signatory:
Address 1:
Address 2:
City, State, Zip:
Phone:
Email:
The governm ental e ntity identified above ("Governmental Entity"), in order to obtain and in
consideraUon for the benefits provided to the Governmental E nti ty pursuant to the Agreement dated
November 22, 2022 ("Allergan Settlement"), and acting through the Wldcrs tgn cd authorized official,
h ereby elects to participate in the Allergan Settlement, release aJI Released C laims against all Released
E n t ities, and agrees as follows.
l. The Governmental Entity i s aware of and has reviewed the Allergan Settlement, understands
that all terms in this Election and Release have the meanings defined therei n, and agrees that
by this Election, the Governmental Entity elects to participate in the Allergan Settlement as
provided therein.
2. Following the execution of this Settlement Participation Fonn, the Governmental Entity shall
comply with Section lll.B of the Allergan Settlement rega rding Cessation of Litigation
Activities.
3. The Governmental Entity shall, within fourteen (14) days of the Reference Date and prior to
the filing of the Consent Judgment, file a request to dismiss with prejudice any Released
Claims that it has filed. With respect to any Released Claims p ending in Jn re National
Prescription Opiate Litigation, tvfDL No. 2804, the Govemmental Entity authorizes die .MDL
Plaintiffs' Executive Committee to execute and file on behalf of the Governmental Entity a
Stipulation of Dismissal With Prejudice substantially m the form found at
https://nat jonalo.pjojdsettlement.com.
4. T h e Governmental Entity agrees to the t erms of the Allergan Settlemen t pertaining to
Subdivisions and Special Districts as d efin ed therein .
5. By agreei ng to the terms of t he A llergan Settlem ent and b ecoming a Releasor, the
Goverrunenta l E ntity is entitled to the benefits provided therein, including, if applicable,
monetary payments beginning after the Effective Date.
6. The Governmental Entity agrees to use any monie s it receives through the Allergan Settlement
solely for the purposes provided therein.
~ -
7. The Governmental Entity submits to the jurisdiction of the court in the Govcrnmcnta1 Entity's
state where the Consent Judgment is filed for putposes limited to that court's role as provided
in, and for resolving dispulcs lo the extent provided in, the Allergan Settlement.
8. The Governmental Entity has the right to enforce rhc Allergan Settlement as provided therein.
9. The Governmental Entity, as a Participating Subdivision or Participating Special District,
hereby becomes a Re1easor for all purposes in the Allergan Settlement, including, but not
limited to, all provisions of Section V (Release), and along with all departments, agencies,
divisions, boards, commissions, Subdivisions, districts, instrumentalities of any kind and
attorneys, and any person in their official capacity whether elected or appointed to serve any of
the foregoing and any agency, person, or other entity claiming by or through any of the
foregoing, and any other entity identified in the definition of Releasor, provides for a release to
the fullest extent of its authority. As a Releasor, the Governmental Entity hereby absolutely,
unconditionally, and irrevocably covenants not to bring, file, or claim, or to cause, assist in
bringing, or pennit to be brought, filed, or claimed, or to otherwise seek to establish liability
for any Released Claims against any Released Entity in any fornm whatsoever. The releases
provided for in the Allergan Settlement are intended to be broad and shall be interpreted so as
to give the Released Entities the broadest possible bar against any liability relating in any way
to Released Claims and extend to the full extent of the power of the Governmental Entity to
release claims. The Allergan Settlement shall be a complete bar to any Released Claim.
] 0. The Governmental Entity hereby takes on all rights and obligations of a Participating
Subdivision or Participating Special Distiict as set forth in the Allergan Settlement.
11. Jn connection with the releases provided for in the Allergan Scttlcmcn1, each Governmental
Entity expressly waives, releases, and forever discharges any and all provisions, rights, and
benefits conforred by any law of any state or tenitory of the United Stales or other jurisdiction,
or principle of common law, which is similar, comparable, or equivalent to § 1542 of the
California Civil Code, which reads:
Genera) Release; extent. A general release does not extend to cf aims that the
creditor or releasing party does not know or suspect to exist in his or her favor
at the t1me of executing the release that, if known by him or her, would have
materially affected his or her settlement with the debtor or released party.
A Releasor may hereafter discover facts other than or difterent from those which it knows,
believes .• or assumes to be tme with respect to the Released Claims, but each Governmental
Entity hereby expressly waives and fully, finally, and forever settles, releases and discharges,
upon the Effccti vc Dat.e, any and all Released Claims that may exist as of such date but which
Releasors do not know or suspect to exist, whether through ignorance, oversight, error,
negligence or through no fault whatsoever, and which, if known, would materially affect the
Governmental Entities' decision to participate in the Allergan Settlement.
12. Nothing herein is intended to modify in any way the terms of the Allergan Settlement, to
which the Governmental Entity hereby agrees. To the extent this Settlement Participation
Form is interpreted difforently from the Allergan Settlement in any respect, the Allergan
Settlement controls.
2
I have all necessary power and authorization to execute this Settlement Participation Form on behalf
of the Governmental Entity.
Signature:
Name:
Title:
Date:
3
EXHIBITK
S ubdivision Participation and R el ease Form
Governmental Entity: I State:
Authorized Signatory:
A ddress 1:
Address 2:
City, S t ate, Zip:
Phone:
Email:
The governmental entity identified above ("Governmental Entity"), in order to obtain and in
consideration for the benefits provided to the Governmental Entity pursuant to the Settlement
Agreement dated December 9, 2022 ("CVS Settlement"), and acting through the u ndersigned authorized
officia l , hereby elects to participate in the CVS SettJem e nt, release all Released C laims against a ll
Re leased Entities, and agrees as follows.
1. T he Govermnental Entity is aware of and h as revie·wed the CVS Settlemen t, understands t hat all
lcnns in this Participation and Release Form have the mea nin gs defined therein, and agrees th at
by executing this Participation and Release Form, t h e Governmental Entity elects to participate
in the CVS Settlement and become a Particip ating Subdivision as provided therein.
2. The Governmental Entity shall prornplly, and in any event no later than 14 days aft.er the
Reference Date and prior to the filing of the Consent Judgment, dismiss with prejudice any
Released Claims that it has filed. With respect to any Released Claims pending in Jn re
National Prescription Opiate Litigation, MDL No . 2804, the Govemment.:1! Entity authorizes
the Plaintiffs' Executive Committee to execute and file on b ehalf of the Governmental Entity a
Stipulation of Dismissal with Prejudice substantia ll y m the form found at
htt ps://natjona1 o pi oidc;ettlement.com .
3. The Governmental Entity a!:,lTees to the terms of the CVS Settlement pertaining to Participating
Subdivis ions as defined therein.
4. By agreeing to the terms of the CVS Settlement and becomin g a Re leaser, the Governmental
Entity is entitled to the benefits provided therein, including , if a p pl icabl e, monetary payments
beginning after the Rffective D a te.
5 . The Governmental Entity agrees to use any monies it receives through the CVS Settlement
solely for the purposes provided therein.
6. The Governmental Entity submit~ to the jurisdiction of the court in the Governmental Entity's
state where the Consent Judgment is filed for pW'poses limited to that court's role as provided in,
and for resolving disputes to the extent provided in, the CVS Settlement. The Governmental
Entity likewise agrees to arbitrate before the National A.rbitration Panel as provided in, and for
resolving disputes to the extent otherwise provided in, the CVS Selllement
7. The Governmental Entity has the right to enforce the CVS Settlement as provided therein.
8. The Governmental Entity, as a Pa.iiicipating Subdivision, hereby becomes a Releasor for all
purposes in the CVS Settlement, including without limitation all provisions of Section XJ
(Release), and along with all departments, agencies, divisions, boards, commissions, districts,
instrumentalities of any kind and attorneys, and any person in thei.r official capacity elected or
appointed to serve any of the foregoing and any agency, person, or other entity claiming by or
through any of the foregoing, and any other entity identified in the definition of Rclcasor,
provides for a release to the fullest extent of its authority. As a Rclcasor, the Governmental
Entity hereby absolutely, unconditionally, and irrevocably covenants not to bring, file, or
claim, or to cause, assist or permit to be brought, filed, or claimed, or to otherwise seek to
estab1ish liability for any Released Claims against any Released Entity in any forum
whatsoever. The releases provided for in the CVS Settlement are intended by the Parties to be
broad and shall be interpreted so as to give the Released Entities the broadest possible bar
against any liability relating in any way to Released Claims and extend to the full extent of the
power of Lhc Governmental Enlity to release claims. The CVS Settlement shall be a complete
bar to any Released Claim.
9 . The Governmental Entily hereby lakes on all rights and obligations of a Participating
Subdivision as set forth in the CVS Settlement.
10. In connection with the releases provided for in the CVS Settlement, each Govern.mental Entity
expressly waives, releases, and forever discharges any and all provisions, rights, and benefits
conferred by any law of any state or territory of the United States or other jurisdiction, or
principle of common law, which is similar, comparable, or equivalent to § 1542 of the
California Civil Code, which reads:
General Release; extent. A general release does not extend to claims that
the creditor or releasing party docs not know or suspect to exist in his or her
favor at the time of executing the release that, if known by him or her would
have matcriaHy aff ccted his or her settlement with the debtor or released
party.
A Rclcasor may hereafter discover facts other than or different from those which it knows,
believes, or assumes to be true with respect to the Released Claims, but each Governmental Entity
hereby expressly waives and fully, finally, and forever settles, releases and discharges, upon the
Effective Date, any and all Released Claims that may exist as of such date but which Releasors do
not know or suspecl to exist, whether Lhrough ignorance, oversight, error, negligence or through no
fault whatsoever, and which, if known, would materially affect the Governmental Entities'
decision to participate in the CVS Settlement.
2
11. Nothing herein is intended to modify in any way the terms of the CVS Settlement, to which
Governmental Entity hereby agrees. To the extent this Participation and Release Form is
interpreted dlff crcntly from the CVS Settlement in any respect, the CVS Settlement controls.
I have all necessary power and authorization to execute thls Participation and Release F onn on
behalf of the Governmental Entity.
Signature:
Name:
Title:
Dale:
3
EXHIBITK
Subdivision Participation and Release Form
Governmental Entity: l State:
Authorized Signatory:
Address I:
Address 2:
City, State, Zip:
Phone:
Email:
The governmental entity identified above ("Governmental Entity"), in order to obtain and in
consideration for the benefits provided to the Governmental Entity pursuant to the Settlement
Agreement dated December 9, 2022 ("Walgreens Settlement"), and acting through the undersigned
authorized official, hereby elects to participate in the Walgreens Settlement, release all Released
Claims against all Released Entities, and agrees as follows.
I. The Governmental Entity is aware of and has reviewed the Walgreens Settlement, understands
that all terms in this Participation and Release Form have the meanings defined therein, and
agrees that by executing this Participation and Release F onn, the Govenunental Entity elects to
participate in the Walgreens Settlement and become a Participating Subdivision as provided
therein.
2. The Govenunental Entity shall promptly, and in any event no later than 14 days after the
Reference Date and prior to the filing of the Consent Judgment, dismiss with prejudice any
Released Claims that it has filed. With respect to any Released Claims pending in In re
National Prescription Opiate litigation, MDL No. 2804, the Governmental Entity authorizes
the Plaintiffs' Executive Committee to execute and file on behalf of the Governmental Entity a
Stipulation of Dismissal with Prejudice substantially in the fonn found at
httns ://nationalopioidsettlemenl. com.
3. The Governmental Entity agrees to the tenns of the Walgreens Settlement pertaining to
Participating Subdivisions as defined therein.
4. By agreeing to the terms of the Walgreens Settlement and becoming a Rclcasor, the
Governmental Entity is entitled to the benefits provided therein, including, if applicable,
monetary payments beginning after the Effective Dale.
5. The Governmental Entity agrees to use any monies it receives through the Walgreens
Settlement solely for the purposes provided therein.
6. The Governmental Entity submits to the jurisdiction of the court in the Governmental Entity's
state where the Consent Judgment is filed for purposes limited to that court's role as provided in.
and for resolving disputes to the extent provided in, the Walgreens Settlement. The
Governmental Entity likewise agrees to arbitrate before the National Arbitration Panel as
provided in, and for resolving disputes to the extent othe1wise provided in, the Walgreens
Settlement.
7. The Governmental Entity has the right to enforce the Walgreens Settlement as provided therein.
8. The Governmental Entity, as a Participating Subdivision, hereby becomes a Releasor for all
purposes in the Walgreens Settlement, including without limitation alJ provisions of Section XI
(Release), and along with all departments, agencies, divisions, boards, commissions, districts,
instrumentalities of any kind and attorneys, and any person in their official capacity elected or
appointed to serve any of the foregoing and any agency, person, or other entity claiming by or
through any of the foregoing, and any other entity identified in Lhc definition of Releasor,
provides for a release to the fullest extent of its authority. As a Releasor, the Governmental
Entity hereby absolutely, unconditionally, and irrevocably covenants not to bring~ file, or
claim, or to cause, assist or permit to be brought, filed, or claimed, or to otherwise seek to
establish liability for any Released Claims against any Released Entity in any forum
whatsoever. The releases provided for in the Walgreens Settlement are intended by the Parties
lo be broad and shall be interpreted so as to give the Released Entities the broadest possible bar
against any liability relating in any way to Released Claims and extend to the full extent of the
power of the Governmental Entity to release claims. The Walgreens Settlement shall be a
complete bar to any Released Claim.
9 . The Governmental Entity hereby takes on all rights and obligations of a Participating
Subdivision as set forth in the Walgreens Settlement.
I 0. ln connection with the releases provided for in the Walgreens Settlement, each Governmental
Entity expressly waives, releases, and forever discharges any and all provisions, rights, and
benefits conferred by any law of any state or territory of the United States or other jurisdiction,
or principle of common law, which is similar, comparable, or equivalent to § 1542 of the
California Civil Code, which reads:
Genera) Release; extent. A general release does not extend to claims that the
creditor or releasing party docs not know or suspect to exist in his or her favor
at the time of executing the release that, if known by him or her would have
materially affected his or her settlement with the debtor or released party.
A Releasor may hereafter discover facts other than or different from those which it knows,
believes, or assumes to be true with respect to the Released Claims, but each Governmental
Entity hereby expressly waives and fully, finally, and forever settles, releases and discharges,
upon the Effective Date, any and all Released Claims that may exist as of such date but which
Releasors do not know or suspect to exist, whether through ignorance, oversight, error,
negligence or through no fault whatsoever, and which, if known, would materially affect the
Governmental Entities' decision to participate in the Walgreens Settlement.
2
11. Nothing herein is intended to modify in any way the te1ms of the Walgreens Settlement, to
which Governmental Entity hereby agrees. To the extent this Participation and Release Form
is interpreted differently from the Walgreens Settlement in any respect, the Walgreens
Settlement controls.
1 have an necessary power and authorization to execute this Participation and Release Fonn on
behalf of the Governmental Entity.
Signature:
Name:
Title:
Date:
3
EXHIBIIK
Suhdivjsjon Participation Form
Governmental Entity: I State:
Authorized Official:
Address 1:
Address 2:
City, State, Zip:
Phone:
Email:
The governmental entity identified above ("Governmental Entity"), in order to obtain and in
consideration for the b enefits provided lo the Governmental Entity pursuant lo the Settlement
Agreement dated November 14, 2022 ("Wal mart Settlement"), and acting through the undersigned
authorized official, hereby elects to participate in the Walmart Settlement, release all Released Claims
against all Released Entities, and agrees as follows.
l. The Governmental Entity is aware of and has reviewed the Walmart Settlement, understands
that all terms in this Election and Release have the meanings defined therein, and agrees that
by this Election, t11e Governmental Entity elects to participate in the Walmart Settlement and
become a Participating Subdivision as provided therein.
2. The Governmental Entity shall promptly, and in any event within 14 days of the Effective
Date and prior to the filing of the Consent Judgment, dismiss with prejudice any Released
Claims that it has filed. With respect to any Released Claims pending in In re National
Prescription Opiate Litigation, MDL No. 2804, the Governmental Entity authorizes the
Plaintiffs' Executive Committee to execute and file on behalf ufthe Governmental Entity a
Stipulation of Dismissal With Prejudice substantially in the form found at
https://nationalopioic!settlement.com .
3. The Governmental Entity agrees to the tenns of the Walmart Settlement pertaining to
Subdivisions as defined therein.
4. By agreeing to the terms of the Walmart Settlement and becoming a Releasor, the
Governmental Entity is entitled to the benefits provided therein, including, if applicable,
monetary payments beginning after the Effective Date.
5. The Governmental Entity agrees to use any monies it receives through the Walmart
Settlement solely for the purposes provided therein.
1 --
6. The Governmental Entity submits to the jurisdiction of the court in the Governmental
Entity's state where the Consent Judgment is filed for purposes limited to that court's role
as provided in, and for resolving disputes to the extent provided in, the Walmart
Settlement.
7. The Governmental Entity has the right to enforce the Walmart Settlement as provided
therein.
8. The Governmental Entity, as a Participating Subdivision, hereby becomes a Releasor for all
pmposes in the Walmart Settlement, including but not limited to all provisions of Section X
(Release), and along with all departments, agencies, divisions, boards, commissions, districts,
instrumentalities of any kind and attorneys, and any person in their official capacity elected
or appointed to serve any of the foregoing and any agency, person, or other entity claiming
by or through any of the foregoing, and any other entity identified in the definition of
Releasor, provides for a release to the fullest extent of its authority. As a Releasor, the
GovernmentaJ Entity hereby absolutely, unconditionally, and irrevocably covenants not to
bring, file, or claim, or to cause, assist or permit to be brought, filed, or claimed, or to
otherwise seek to establish liability for any Released Claims against any Released Entity in
any forum whatsoever. The releases provided for in the Wal mart Settlement are intended by
the Parties to be broad and shall be interpreted so as to give the Released Entities the broadest
possible bar against any liability relating in any way to Released Claims and extend to the
full extent of the power of the Govenunental Entity to release claims. The Walmart
Settlement shall be a complete bar to any Released Claim.
9. In connection with the releases provided for in the Wahnart Settlement, each
Government.al Entity expressly waives, releases, and forever discharges any and all
provisions, rights, and benefits conferred by any law of any state or territory of the
United States or other jurisdiction, or principle of common law, which is similar,
comparable, or equivalent to§ 1542 of the California Civil Code, which reads:
General Release; extent. A general release does not extend to claims that the
creditor or relea.o;ing party does not know or suspect to exist in his or her favor at the
lime of executing the release that, if known by him or her, would have materially
affected his or her settlement with the debtor or released party.
A Releasor may hereafter discover facts other than or different from those which it knows,
believes, or assumes to be true with respect to the Released Claims, but each Governmental
Entity hereby expressly waives and fully, finally, and forever settles, releases and discharges,
upon the Effective Date, any and all Released Claims that may exist as of such date but which
Releasors do not know or suspect to exist, whether through ignorance, oversight, error,
negligence or through no fault whatsoever, and which, if known, would materially affect the
Governmental Entities' decision to participate in the Walmart Settlement.
10. Nothing herein is intended to modify in any way the lcrms of the Walmart Settlement, to
which Governmental Entity hereby agrees. To the extent this Election and Release is
interpreted differently from the Walman Settlement in any respect, the Walmart Settlement
controls.
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I have all necessary power and authorization to execute this Election and Release on behalf of the
Governmental Entity .
Signature:
Name:
Title:
Date:
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