HomeMy WebLinkAbout2023-028-03/21/2023-APPROVING PARTICIPATION IN THE SETTLEMENTS WITH FIVE ADDITIONAL OPIOID DEFENDANTS AND RELATED WAIVERRESOLUTION 2023-028
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROVING PARTICIPATION IN THE SETTLEMENTS
WITH FIVE ADDITIONAL OPIOID DEFENDANTS
AND RELATED WAIVERS OF CLAIMS
WHEREAS,communities throughout the State of Colorado,including the City of Fort
Collins (“City),are suffering from an epidemic of opioid addiction;and
WHEREAS,the opioid epidemic has not only affected individuals and families across
the country,but it has also burdened the local and state governments charged with providing the
services needed to address the wave of addiction;and
WHEREAS,local and state governments across the nation,including in Colorado,have
filed lawsuits against opioid manufacturers,distributors,and pharmacies for creating the opioid
epidemic;and
WHEREAS,the parties to the various opioid lawsuits have been negotiating settlement
agreements to resolve the litigation which include incentive payments for maximizing
participation by local governments;and
WHEREAS,through extensive negotiations,local governments and the Colorado
Attorney General’s Office negotiated a Memorandum of Understanding to govern how opioids
settlement funds will be allocated in Colorado,to maximize recovery from the variety of lawsuits
filed by the state and local governments across the nation (“MOU”),along with the Subdivision
Settlement Participation Forms to address opioid defendants Johnson &Johnson,
AmerisourceBergen,Cardinal Health,and McKesson;and
WHEREAS,on December 7,2021,the City Council approved Resolution 2021-113,
approving participation in the Colorado Opioids Settlement and authorizing execution of related
agreements,which were signed and submitted to the Colorado Attorney General in December
2021;and
WHEREAS,on May 3,2022,the City Council approved Resolution 2022-055,
authorizing the execution of an intergovernmental agreement regarding regional opioid
settlement implementation (“IGA”)and designating a City representative to the Larimer
Regional Opioid Council;and
WHEREAS,the City entered into the IGA and it has since been amended to add
participation by the Town of Estes Park,pursuant to City Council’s Resolution 2023-011,
adopted on January 17,2023;and
WHEREAS,additional settlements by the State of Colorado and participating local
governments have been negotiated with opioid defendants Teva,Allergan,Walmart,CVS and
Walgreens,and the City may participate in these settlements and receive settlement payments
by executing the Participation Form with each settling defendant,including an associated waiver
of claims;and
WHEREAS,the City desires to participate in the Colorado opioids settlements to
increase recoveries for Colorado government entities and so the City is eligible to receive
settlement funds to be used for approved purposes to abate the opioid epidemic as defined in
the MOU for the benefit of the residents of the City;and
WHEREAS,accordingly,the City Council desires to approve and authorize execution
of the five Participation Forms attached to this Resolution.
NOW,THEREFORE,BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1.That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2.That the City Council hereby approves the Participation Forms attached
hereto as Exhibits A through E,incorporated herein by this reference.
Section 3.That the Mayor is hereby authorized and directed to execute on behalf of
the City the attached Participation Forms.
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 21st
day of March,2023.e
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ATTEST:\..I
City Clerk
EXHIBIT A
Attachment A:Teva Settlement Participation Form
Exhibit K
Subdivision and Special District Settlement Particination Form
Governmental Entity:State:
Authorized Signatory:
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 benefits provided to the Governmental Entity pursuant to the Agreement
dated November 22,2022 (“Teva Settlement”),and acting through the undersigned authorized
official,hereby elects to participate in the Teva Sen lement,release all Released Claims against all
Released Entities,and agrees as follows.
I.The Governmental Entity is aware of and has reviewed the Teva Settlement,understands that
all terms in this Election and Release have the meanings defined therein,and agrees that by
this Election,the Governmental Entity elects to participate in the Teva Settlement as provided
therein.
2.Following the execution of this Settlement Participation Form,the Governmental Entity shall
comply with Section lll.B of the Teva Settlement regarding Cessation of Litigation Activities.
3.The Governmental Entity shall,within 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 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 form found at httns:/fnationalopioidscttlenicnt.coni.
4.The Governmental Entity agrees to the terms of the Teva Settlement pertaining to
Subdivisions as defined therein.
5.By agreeing to the terms of the Teva 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.
6.The Governmental Entity agrees to use any monies it receives through the Teva Settlement
solely for the purposes provided therein.
7.The Governmental Entity submits to thejurisdiction 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 Teva Settlement.
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EXHIBIT A
8.The Governmental Entity has the right to enforce the Teva Settlement as provided therein.
9.The Governmental Entity,as a Participating Subdivision or Participating Special District,
hereby becomes a Releasor for all purposes in the Teva Settlement,including but not limited
to all provisions of Section V (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 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 Teva
Settlement are intended by Released Entitles and the Governmental Entity 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 Teva Settlement shall be a complete bar to
any Released Claim.
10.The Governmental Entity hereby takes on all rights and obligations of a Participating
Subdivision or Participating Special District as set forth in the Teva Settlement.
11.In connection with the releases provided for in the Teva 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:
General Release;extent.A general release does not extend to claims
that the creditor or releasing party does 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 Teva Settlement.
12.Nothing herein is intended to modify in any way the terms of the Teva Settlement,to which
Governmental Entity hereby agrees.To the extent this Election and Release is interpreted
differently from the Teva Settlement in any respect,the Teva Settlement controls.
EXHIBIT A
I have all necessary power and authorization to execute this Election and Release on behalf of the
Governmental Entity.
Signature:
Name:
Title:
Date:
0.
EXHIBIT B
Attachment B:Allergan Settlement Participation Form
EXHIBIT K
Subdivision and Special District Settlement Particination Form
Governmental Entity:I 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 Agreement dated
November 22,2022 (“Allergan Settlement”),and acting through the undersigned authorized official,
hereby elects to participate in the Allergan Settlement,release all Released Claims against all Released
Entities,and agrees as follows.
1.The Governmental Entity is aware of and has reviewed the Allergan Settlement,understands
that all terms in this Election and Release have the meanings defined therein,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 Form,the Governmental Entity shall
comply with Section lll.B of the Allergan Settlement regarding 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 pending in In re National
Prescription Opiate Litigation,MDL No.2804,the Governmental Entity authorizes the MDL
Plaintiffs’Executive Committee to execute and file on behalf of the Governmental Entity a
Stipulation of Dismissal With Prejudice substantially in the form found at
hiips://nationalonioidsculcmenr.com.
4.The Governmental Entity agrees to the terms of the Allergan Settlement pertaining to
Subdivisions and Special Districts as defined therein.
5.By agreeing to the terms of the Allergan 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.
6.The Governmental Entity agrees to use any monies it receives through the Allergan Settlement
solely for the purposes provided therein.
I I!l
EXHIBIT B
7.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 Allergan Settlement.
8.The Governmental Entity has the right to enforce the Allergan Settlement as provided therein.
9.The Governmental Entity,as a Participating Subdivision or Participating Special District,
hereby becomes a Releasor 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 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 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.
10.The Governmental Entity hereby takes on all rights and obligations of a Participating
Subdivision or Participating Special District as set forth in the Allergan Settlement.
II.In connection with the releases provided for in the Allergan 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.
General Release;extent.A general release does not extend to claims that the
creditor or releasing party does 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 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 differently from the Allergan Settlement in any respect,the Allergan
Settlement controls.
2
EXHIBIT B
EXHIBIT B
I have all necessary power and authorization to execute this Settlement Participation Form on behalf
of the Governmental Entity.
Signature:
Name:____________________________________
Title:____________________________________
Date:____________________________________
3
EXHIBIT B
EXHIBIT C
Attachment C:Walmart Settlement Participation Form
EXHIBIT K
Subdivision ParticiDation Form
Governmental Entity:I State:
Authorized Official:
Address 1:
Address 2:
Ci ,State,Zi.:
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 November 14,2022 (“Walmart 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.
I.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,the 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 of the Governmental Entity a
Stipulation of Dismissal With Prejudice substantially in the form found at
htlps://nationalopioidscttlcment.com/.
3.The Governmental Entity agrees to the terms 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.
S..
EXHIBIT C
6.The Governmental Entity submits to the jurisdiction of the court in the Governme
Entity’s state where the Consent Judgment is filed for purposes limited to that court’s ro e
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
purposes 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
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 Walmart 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 Governmental 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 Walmart 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 otherjurisdiction,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 does 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 Walmart Settlement.
10.Nothing herein is intended to modify in any way the terms of the Walmart Settlement,to
which Governmental Entity hereby agrees.To the extent this Election and Release is
interpreted differently from the Walmart Settlement in any respect,the Walmart Settlement
controls.
EXHIBIT C
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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EXHIBIT D
Attachment D:CVS Settlement Participation Form
EXHIBIT K
Subdivision Particination and Release Form
Governmental Entity:State:
Authorized Signatory:
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 benefits provided to the Governmental Entity pursuant to the Settlement
Agreement dated December 9,2022 (“CVS Settlement”),and acting through the undersigned authorized
official,hereby elects to participate in the CVS Settlement,release all Released Claims against all
Released Entities,and agrees as follows.
1.The Governmental Entity is aware of and has reviewed the CVS 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 Form,the Governmental Entity elects to participate
in the CVS Settlement and become a Participating Subdivision as provided therein.
2.The Governmental 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 form found at
hit ps:f/nationalopioidsettleincnt.coiii.
3.The Governmental Entity agrees to the terms of the CVS Settlement pertaining to Participating
Subdivisions as defined therein.
4.By agreeing to the terms of the CVS 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 CVS Settlement
solely for the purposes provided therein.
IllS
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EXHIBIT D
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 CVS Settlement.The Governmental
Entity likewise agrees to arbitrate before the National Arbitration Panel as provided in,and for
resolving disputes to the extent otherwise provided in,the CVS Settlement.
7.The Governmental Entity has the right to enforce the CVS Settlement as provided therein.
8.The Governmental Entity,as a Participating Subdivision,hereby becomes a Releasor for all
purposes in the CVS Settlement,including without limitation all provisions of Section Xl
(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 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 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 the Governmental Entity to release claims.The CVS Settlement shall be a complete
bar to any Released Claim.
9.The Govemmental Entity hereby takes 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 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:
General Release;extent.A general release does not extend to claims that
the creditor or releasing party does 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 CVS Settlement.
EXHIBIT D
11.Nothing herein is intended to modil5’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 differently from the CVS Settlement in any respect,the CVS Settlement controls.
I have all necessary power and authorization to execute this Participation and Release Form on
behalf of the Governmental Entity.
Signature:
Name:
Title:
Date:
IL
EXHIBIT E
Attachment E:Waigrens Settlement Participation Form
EXHIBIT K
Subdivision Particination and Release Form
Governmental Entity:State:
Authorized Signatory:
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 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.
1.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 Form,the Governmental Entity elects to
participate in the Walgreens Settlement and become a Participating Subdivision as provided
therein.
2.The Governmental 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 form found at
littps://nationalopioidscltlcinent.eom.
3.The Governmental Entity agrees to the terms of the Walgreens Settlement pertaining to
Participating Subdivisions as defined therein.
4.By agreeing to the terms of the Walgreens 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 Walgreens
Settlement solely for the purposes provided therein.
S..
EXHIBIT E
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 otherwise 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 all provisions of Section Xl
(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 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
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 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.
10.In 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:
General Release;extent.A general release does not extend to claims that the
creditor or releasing party does 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.
EXHIBIT E
II.Nothing herein is intended to modify in any way the terms 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.
I have all necessary power and authorization to execute this Participation and Release Form on
behalf of the Governmental Entity.
Signature:
Name:____________________________________
Title:
Date:
I!.