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12. The Foundation, Expert Panel, and any other entities under the supervision of the <br />Foundation shall operate in a transparent manner. Meetings shall be open, and <br />documents shall be public to the same extent they would be if the Foundation was <br />a public entity. All operations of the Foundation and all Foundation supervised <br />entities shall be subject to audit. The bylaws of the Foundation Board regarding <br />governance of the Board as adopted by the Board, may clarify any other provisions <br />in this MOU except this subsection. This substantive portion of this subsection shall <br />be restated in the bylaws. <br />13. The Foundation shall consult with a professional investment advisor to adopt a <br />Foundation investment policy that will seek to assure that 'the Foundation's <br />investments are appropriate, prudent, and consistent with best practices for <br />investments of public funds. The investment policy shall be be designed to meet the <br />Foundation's long and short-term goals. <br />14. The Foundation and any Foundation supervised entity may receive funds including <br />stocks, bonds, real property and cash in addition to the proceeds of the <br />Litigation. These additional funds shall be subject only to the limitations, if any, <br />contained in the individual award, grant, donation, gift, bequest or deposit <br />consistent with the mission of the foundation. <br />E. Settlement Negotiations <br />1. All Members of the Negotiating Committee, and their respective representatives, <br />shall be notified of and provided the opportunity to participate in all negotiations <br />relating to any Ohio -specific Settlement with a Pharmaceutical Supply Chain <br />Participant. <br />2. No Settlement Proposal can be accepted for presentation to Local Governments or <br />the State under this MOU over the objection of any of the three Members of the <br />Negotiating Committee. The Chair shall poll the Committee Members at the <br />conclusion of discussions of any potential settlement proposal to determine whether <br />such objections exist. Although multiple individuals may be present on a Member's <br />behalf, for polling purposes each Member is a single entity with a single voice. <br />3. Any Settlement Proposal accepted by the Negotiating Committee shall be subject <br />to appoval by Local Governments and the State. <br />4. As this is an "All Ohio" effort, the Committee shall be Chaired by the Attorney <br />General. However, no one member of the Negotiating Committee is authorized to <br />speak publicly on behalf of the Negotiating Committee without consent from the <br />other Committee Members. <br />5. The State of Ohio, the PEC or the Local Governments may withdraw from <br />coordinated Settlement discussions detailed in this Section upon 5 days' written <br />Page 18 <br />