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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 ~çORT C) —0~•V~SEAL 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. l~JS 0.~ 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. 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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:____________________________________ l~ I~. 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. 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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. 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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!.