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composition of the successor Local Government. If a Local Government for any <br />reason is excluded from a specific settlement, the allocation percentage for that <br />Local Government shall be redistributed equitably among the participating Local <br />Governments. <br />5. If the LG Share is less than $500, then that amount will instead be distributed to the <br />county in which the Local Government lies to allow practical application of the <br />abatement remedy. <br />6. Funds obtained from parties unrelated to the Litigation, via grant, bequest, gift or <br />the like, separate and distinct from the Litigation, may be directed to the Foundation <br />and disbursed as set forth below. <br />7. The LG Share shall be paid in cash and directly to Local Governments under a <br />settlement or judgment, or through an administrator designated in the settlement <br />documents who shall hold the funds in trust in a segregated account to benefit the <br />Local Governments to be promptly distributed as set forth herein. <br />8. Nothing in this MOU should alter or change any Local Government's rights to <br />pursue its own claim. Rather, the intent of this MOU is to join all parties to seek <br />and negotiate binding settlement or settlements with one or more defendants for all <br />parties within Ohio. <br />9. Opioid Funds directed to the Foundation shall be used to benefit the local <br />community consistent with the by-laws of the Foundation documents and disbursed <br />as set forth below. <br />10. The State of Ohio and the Local Governments understand and acknowledge that <br />additional steps should be undertaken to assist the Foundation in its mission, at a <br />predictable level of funding, regardless of external factors. <br />11. The Parties will take the necessary steps to ensure there is the ability of a direct <br />right of action under the expedited docket rules to the Ohio Supreme Court relative <br />to any alleged abuse of discretion by the Foundation. <br />C. Payment of Counsel and Litigation Expenses <br />1. The Parties agree to establish a Local Government Fee Fund ("LGFF") to <br />compensate counsel for Local Governments if the Parties cannot secure the separate <br />payment of fees and associated litigation expenses for their counsel from a settling <br />entity. <br />2. The LGFF shall be calculated by taking 11.05% of the total monetary component <br />of any settlement accepted ("LGFF Amount"). Fees related to product or other <br />items of value shall be addressed case by case. <br />Page 13 <br />