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ONE OHIO MEMORANDUM OF UNDERSTANDING <br />Whereas, the people of the State of Ohio and its communities have been harmed by <br />misfeasance, nonfeasance and malfeasance committed by certain entities within the <br />Pharmaceutical Supply Chain; and, <br />Whereas, the State of Ohio, though its Attorney General, and certain Local Governments, <br />through their elected representatives and counsel, are separately engaged in litigation seeking to <br />hold Pharmaceutical Supply Chain Participants accountable for the damage caused by their <br />misfeasance, nonfeasance and malfeasance; and, <br />Whereas, the State of Ohio, through its Governor and Attorney General, and its Local <br />Governments share a common desire to abate and alleviate the impacts of that misfeasance, <br />nonfeasance and malfeasance throughout the State of Ohio; <br />Now therefore, the State and its Local Governments, subject to completing formal documents <br />effectuating the Parties' agreements, enter into this Memorandum of Understanding ("MOU") <br />relating to the allocation and use of the proceeds of Settlements described. <br />A. Definitions <br />As used in this MOU: <br />1. "The State" shall mean the State of Ohio acting through its Governor and Attorney <br />General. <br />2. "Local Government(s)" shall mean all counties, townships, cities and villages <br />within the geographic boundaries of the State of Ohio. <br />3. "The Parties" shall mean the State of Ohio, the Local Governments and the <br />Plaintiffs' Executive Committee of the National Prescription Opiate Multidistrict <br />Litigation. <br />4. "Negotiating Committee" shall mean a three -member group comprising one <br />representative for each of (1) the State; (2) the Plaintiffs' Executive Committee of <br />the National Prescription Opiate Multidistrict Litigation ("PEC"); and (3) Ohio <br />Local Governments (collectively, "Members"). The State shall be represented by <br />the Ohio Attorney General or his designee. The PEC shall be represented by <br />attorney Joe Rice or his designee. Ohio Local Governments shall be represented by <br />attorney Frank Gallucci, or attorney Russell Budd or their designee. <br />5. "Settlement" shall mean the negotiated resolution of legal or equitable claims <br />against a Pharmaceutical Supply Chain Participant when that resolution has been <br />jointly entered into by the State, PEC and the Local Governments. <br />Page I 1 <br />