Common use of Jurisdiction and Enforcement Clause in Contracts

Jurisdiction and Enforcement. The MDL Court shall have exclusive and ongoing jurisdiction over the enforcement and implementation of this Fee Agreement as set forth herein. The MDL PEC shall be the Authorized Party to enforce this Fee Agreement, as to the payment obligations of Teva and Allergan as set forth in this subsection and as to Attorneys making application to the Funds under this Fee Agreement. Solely for purposes of assessing or allocating common benefit fees, the MDL Court will continue to have jurisdiction over the work product developed in the MDL Court by and under the direction of the MDL PEC with respect to claims against Teva or Allergan, including data and documents, depositions, expert reports, briefs and pleadings; and the MDL Court’s protective orders, management orders, and other decisions regarding such discovery and other work product, including but not limited to, conditions on its use, will continue in full force and effect. Nothing in this subsection authorizes the MDL Court to act contrary to this Agreement or provides the MDL Court with jurisdiction over the Teva Agreement or Allergan Agreement. January 26, 2022 Description of Mathematical Model for the Allocation of the Contingency Fee Funds Allergan Settlement Agreement and Teva Settlement Agreement This document describes the Mathematical Model for the allocation of the Contingency Fee Fund described in Exhibit R (Agreement of Attorney’s Fees, Expenses and Costs) to the Allergan Settlement Agreement and Teva Settlement Agreement, respectively.1 Awards of fees from the Contingency Fee Funds shall be available to Attorneys engaged in Qualifying Representations of Participating Litigating Subdivisions that meet the eligibility criteria.2 A Fee Panel shall oversee the application of the Model and resolve any questions or disputes concerning the eligibility of a counsel to participate. The Panel is empowered to hear disputes concerning and ensure the accuracy of the mathematical calculations.‌ In general terms, allocation of the Contingency Fee Fund shall be made by (1) determining the amount of the Settlement Fund that is attributable to each Litigating Subdivision; (2) making certain adjustments to these amounts based on when the Subdivision filed suit and the terms of the applicable fee contract; and (3) dividing the Contingency Fee Fund proportionately among counsel for each Participating Litigating Subdivision based on the amounts calculated in subpart 2. The total amount of the Contingency Fee Funds is $195,364,179.86, of which $70,046,168.84 is to be contributed by Allergan3 and $125,318,011.02 is to be contributed by Xxxx.4 Attorneys with Qualifying Representations of Participating Litigating Subdivisions that timely named one or more Released Entities of either Settlement Agreement and meet the other eligibility requirements shall receive the full amount due from the combined Contingency Fee Funds.5‌‌ Allocation of the Contingency Fee Funds shall be made according to the following steps. These calculations are made only to determine the percentage share of the Contingency Fee Funds that Attorneys for each Participating Litigating Subdivision would receive, not for determining the dollar amount each Subdivision would receive.

Jurisdiction and Enforcement. The MDL Court shall have exclusive and ongoing jurisdiction over the enforcement and implementation of this Fee Agreement as set forth herein. The MDL PEC shall be the Authorized Party to enforce this Fee Agreement, as to the payment obligations of Teva and Allergan Xxxxxxx as set forth in this subsection section, and as to Attorneys making application to the Funds under this Fee Agreement. Solely for purposes of assessing or allocating common benefit fees, the MDL Court will continue to have jurisdiction over the work product developed in the MDL Court by and under the direction of the MDL PEC with respect to claims against Teva or AllerganXxxxxxx, including data and documents, depositions, expert reports, briefs and pleadings; and the MDL Court’s protective orders, management orders, and other decisions regarding such discovery and other work product, including but not limited to, conditions on its use, will continue in full force and effect. Nothing in this subsection paragraph authorizes the MDL Court to act contrary to this Agreement or to share any of the work product, or provides the MDL Court with jurisdiction over the Teva Agreement or Allergan Xxxxxxx Agreement. January 26, 2022 Description of Mathematical Model for the Allocation of the Contingency Fee Funds Allergan Distributor Settlement Agreement and Teva Xxxxxxx Settlement Agreement This document describes the Mathematical Model for the allocation of the Contingency Fee Fund described in Exhibit R (Agreement of Attorney’s Fees, Expenses and Costs) to the Allergan Distributor Settlement Agreement and Teva the Xxxxxxx Settlement Agreement, respectively.1 respectively.18 Awards of fees from the Contingency Fee Funds shall be available to Attorneys engaged in with Qualifying Representations of Participating Litigating Subdivisions that meet eligible to receive an allocation under the eligibility criteria.2 corresponding agreements.19 A Fee Panel shall oversee the application of the Model and resolve any questions or disputes concerning the eligibility of a counsel to participate. The Panel is empowered to hear disputes concerning and ensure the accuracy of the mathematical calculations.‌ calculations. In general terms, allocation of the Contingency Fee Fund shall be made by (1) determining the amount of the Settlement Fund that is attributable to each Litigating Subdivision; (2) making certain adjustments to these amounts based on when the Subdivision filed suit and the terms of the applicable fee contract; and (3) dividing the Contingency Fee Fund proportionately among counsel for each Participating Litigating Subdivision based on the amounts calculated in subpart 2. Each Settling Defendant is responsible only for its own share of payments.20 In other words, to collect a fee award from the Contingency Fee Fund against a Settling Defendant, the Participating Litigating Subdivision must have named the Settling Defendant in its lawsuit. The total amount of the Contingency Fee Funds Fund in the Distributor Settlement Agreement is $195,364,179.86516,923,077.21 Amerisource’s share is $160,246,153.97 (31.0%), of which Cardinal’s share is $70,046,168.84 159,729,230.89 (30.9%), and McKesson’s share is to be contributed by Allergan3 and $125,318,011.02 is to be contributed by Xxxx.4 Attorneys with Qualifying Representations of Participating Litigating Subdivisions that timely named one or more Released Entities of either Settlement Agreement and meet the other eligibility requirements shall receive the full 196,947,692.46 (38.1%). The total amount due from the combined Contingency Fee Funds.5‌‌ Allocation of the Contingency Fee Funds Fund in the Xxxxxxx Settlement Agreement is $123,076,923.22 More specifically, allocation of each Settling Defendant’s share of the corresponding Contingency Fee Fund shall be made according to the following steps. These steps must be performed separately for each Settlement Agreement, and each Defendant is responsible for paying only its share of the Contingency Fee Fund. These calculations are made only to determine for purpose of determining the percentage share of the Contingency Fee Funds Fund that Attorneys for each Participating Litigating Subdivision would should receive, not for determining the dollar amount each Subdivision would will receive. 18 See Distributor Settlement Agreement, Exhibit R § II.B.3; Xxxxxxx Settlement Agreement, Exhibit R § II.B.3. 19 Distributor Settlement Agreement, Exhibit R § II.B.3; Xxxxxxx Settlement Agreement, Exhibit R § II.B.3 20 Distributor Settlement Agreement, Exhibit R § II.A.5. 21 Distributor Settlement Agreement, Exhibit R § II.D.1. 22 Xxxxxxx Settlement Agreement, Exhibit R § II.D.1.

Jurisdiction and Enforcement. The MDL Court shall have exclusive and ongoing jurisdiction over the enforcement and implementation of this Fee Agreement as set forth herein. The MDL PEC shall be the Authorized Party to enforce this Fee Agreement, as to the payment obligations of Teva and Allergan Walgreens as set forth in this subsection Fee Agreement and as to Attorneys making application to the Funds under this Fee Agreement. Solely for purposes of assessing or allocating common benefit fees, the MDL Court will continue to have jurisdiction over the work product developed in the MDL Court by and under the direction of the MDL PEC with respect to claims against Teva or AllerganXxxxxxxxx, including data and documents, depositions, expert reports, briefs and pleadings; and the MDL Court’s protective orders, management orders, and other decisions regarding such discovery and other work product, including but not limited to, conditions on its use, will continue in full force and effect. Nothing in this subsection paragraph authorizes the MDL Court to act contrary to this Agreement or to share any of the work product, or provides the MDL Court with jurisdiction over the Teva Agreement or Allergan Walgreens Agreement. January 26, 2022 Description of Mathematical Model for the Allocation of the Contingency Fee Funds Allergan Settlement Agreement and Teva Walgreens Settlement Agreement This document describes the Mathematical Model for the allocation of the Contingency Fee Fund described in Exhibit R (Agreement of Attorney’s Attorneys’ Fees, Expenses Costs, and CostsExpenses) to the Allergan Walgreens Settlement Agreement and Teva Settlement Agreement, respectively.1 Agreement.9 Awards of fees from the Contingency Fee Funds shall be available to Attorneys engaged in with Qualifying Representations of Participating Litigating Subdivisions that meet eligible to receive an allocation under the eligibility criteria.2 Walgreens Settlement Agreement.10 A Fee Panel shall oversee the application of the Model and resolve any questions or disputes concerning the eligibility of a counsel to participate. The Panel is empowered to hear disputes concerning and ensure the accuracy of the mathematical calculations.‌ calculations. In general terms, allocation of the Contingency Fee Fund shall be made by (1) determining the amount of the Settlement Fund that is attributable to each Participating Litigating Subdivision; (2) making certain adjustments to these amounts based on when the Subdivision filed suit and the terms of the applicable fee contract; and (3) dividing the Contingency Fee Fund proportionately among counsel for each Participating Litigating Subdivision based on the amounts calculated in subpart 2. To collect a fee award from the Contingency Fee Fund, a Participating Litigating Subdivision must have named Walgreens (or any Released Entity) in its lawsuit. The total maximum amount of the Contingency Fee Funds Fund in the Walgreens Settlement Agreement is $195,364,179.86, of which $70,046,168.84 is to be contributed by Allergan3 and $125,318,011.02 is to be contributed by Xxxx.4 Attorneys with Qualifying Representations of Participating Litigating Subdivisions that timely named one or more Released Entities of either Settlement Agreement and meet the other eligibility requirements shall receive the full amount due from the combined Contingency Fee Funds.5‌‌ 225,493,007.20.11 Allocation of the Contingency Fee Funds Fund shall be made according to the following steps. These calculations are made only to determine for purpose of determining the percentage share of the Contingency Fee Funds Fund that Attorneys for each Participating Litigating Subdivision would should receive, not for determining the dollar amount each Subdivision would will receive.

Jurisdiction and Enforcement. The MDL Court shall have exclusive and ongoing jurisdiction over the enforcement and implementation of this Fee Agreement as set forth herein. The MDL PEC shall be the Authorized Party to enforce this Fee Agreement, as to the payment obligations of Teva and Allergan CVS as set forth in this subsection Fee Agreement and as to Attorneys making application to the Funds under this Fee Agreement. Solely for purposes of assessing or allocating common benefit fees, the MDL Court will continue to have jurisdiction over the work product developed in the MDL Court by and under the direction of the MDL PEC with respect to claims against Teva or AllerganCVS, including data and documents, depositions, expert reports, briefs and pleadings; and the MDL Court’s protective orders, management orders, and other decisions regarding such discovery and other work product, including but not limited to, conditions on its use, will continue in full force and effect. Nothing in this subsection paragraph authorizes the MDL Court to act contrary to this Agreement Agreement, or provides the MDL Court with jurisdiction over the Teva Agreement or Allergan CVS Agreement. January 26, 2022 Description of Mathematical Model for the Allocation of the Contingency Fee Funds Allergan Settlement Agreement and Teva CVS Settlement Agreement This document describes the Mathematical Model for the allocation of the Contingency Fee Fund described in Exhibit R (Agreement of Attorney’s Attorneys’ Fees, Expenses Costs, and CostsExpenses) to the Allergan CVS Settlement Agreement and Teva Settlement Agreement, respectively.1 Agreement.4 Awards of fees from the Contingency Fee Funds shall be available to Attorneys engaged in with Qualifying Representations of Participating Litigating Subdivisions that meet eligible to receive an allocation under the eligibility criteria.2 CVS Settlement Agreement.5 A Fee Panel shall oversee the application of the Model and resolve any questions or disputes concerning the eligibility of a counsel to participate. The Panel is empowered to hear disputes concerning and ensure the accuracy of the mathematical calculations.‌ calculations. In general terms, allocation of the Contingency Fee Fund shall be made by (1) determining the amount of the Settlement Fund that is attributable to each Participating Litigating Subdivision; (2) making certain adjustments to these amounts based on when the Subdivision filed suit and the terms of the applicable fee contract; and (3) dividing the Contingency Fee Fund proportionately among counsel for each Participating Litigating Subdivision based on the amounts calculated in subpart 2. The total amount of the Contingency Fee Funds is $195,364,179.86, of which $70,046,168.84 is to be contributed by Allergan3 and $125,318,011.02 is to be contributed by Xxxx.4 Attorneys with Qualifying Representations of Participating Litigating Subdivisions that timely named one or more Released Entities of either Settlement Agreement and meet the other eligibility requirements shall receive the full amount due from the combined Contingency Fee Funds.5‌‌ Allocation of the Contingency Fee Funds shall be made according to the following steps. These calculations are made only to determine the percentage share of the Contingency Fee Funds that Attorneys for each Participating Litigating Subdivision would receive, not for determining the dollar amount each Subdivision would receive.;

Jurisdiction and Enforcement. The MDL Court shall have exclusive and ongoing jurisdiction over the enforcement and implementation of this Fee Agreement as set forth herein. The MDL PEC shall be the Authorized Party to enforce this Fee Agreement, as to the payment obligations of Teva and Allergan the Settling Distributors as set forth in this subsection Fee Agreement, and as to Attorneys making application to the Funds under this Fee Agreement. Solely for purposes of assessing or allocating common benefit fees, the MDL Court will continue to have jurisdiction over the work product developed in the MDL Court by and under the direction of the MDL PEC with respect to claims against Teva or Allerganthe Settling Defendants, including data and documents, depositions, expert reports, briefs and pleadings; and the MDL Court’s protective orders, management orders, and other decisions regarding such discovery and other work product, including but not limited to, conditions on its use, will continue in full force and effect. Nothing in this subsection Section III.D authorizes the MDL Court to act contrary to this Fee Agreement or to share any of the work product, or provides the MDL Court with jurisdiction over the Teva Agreement or Allergan Distributor Agreement. January 26, 2022 Description of Mathematical Model for the Allocation of the Contingency Fee Funds Allergan Distributor Settlement Agreement and Teva Xxxxxxx Settlement Agreement This document describes the Mathematical Model for the allocation of the Contingency Fee Fund described in Exhibit R (Agreement of Attorney’s Fees, Expenses and Costs) to the Allergan Distributor Settlement Agreement and Teva the Xxxxxxx Settlement Agreement, respectively.1 respectively.19 Awards of fees from the Contingency Fee Funds shall be available to Attorneys engaged in with Qualifying Representations of Participating Litigating Subdivisions that meet eligible to receive an allocation under the eligibility criteria.2 corresponding agreements.20 A Fee Panel shall oversee the application of the Model and resolve any questions or disputes concerning the eligibility of a counsel to participate. The Panel is empowered to hear disputes concerning and ensure the accuracy of the mathematical calculations.‌ calculations. In general terms, allocation of the Contingency Fee Fund shall be made by (1) determining the amount of the Settlement Fund that is attributable to each Litigating Subdivision; (2) making certain adjustments to these amounts based on when the Subdivision filed suit and the terms of the applicable fee contract; and (3) dividing the Contingency Fee Fund proportionately among counsel for each Participating Litigating Subdivision based on the amounts calculated in subpart 2. Each Settling Defendant is responsible only for its own share of payments.21 In other words, to collect a fee award from the Contingency Fee Fund against a Settling Defendant, the Participating Litigating Subdivision must have named the Settling Defendant in its lawsuit. The total amount of the Contingency Fee Funds Fund in the Distributor Settlement Agreement is $195,364,179.86516,923,077.22 Amerisource’s share is $160,246,153.97 (31.0%), of which Cardinal’s share is $70,046,168.84 159,729,230.89 (30.9%), and McKesson’s share is to be contributed by Allergan3 and $125,318,011.02 is to be contributed by Xxxx.4 Attorneys with Qualifying Representations of Participating Litigating Subdivisions that timely named one or more Released Entities of either Settlement Agreement and meet the other eligibility requirements shall receive the full 196,947,692.46 (38.1%). The total amount due from the combined Contingency Fee Funds.5‌‌ Allocation of the Contingency Fee Funds Fund in the Xxxxxxx Settlement Agreement is $123,076,923.23 More specifically, allocation of each Settling Defendant’s share of the corresponding Contingency Fee Fund shall be made according to the following steps. These steps must be performed separately for each Settlement Agreement, and each Defendant is responsible for paying only its share of the Contingency Fee Fund. These calculations are made only to determine for purpose of determining the percentage share of the Contingency Fee Funds Fund that Attorneys for each Participating Litigating Subdivision would should receive, not for determining the dollar amount each Subdivision would will receive.

Jurisdiction and Enforcement. The MDL Court shall have exclusive and ongoing jurisdiction over the enforcement and implementation of this Fee Agreement as set forth herein. The MDL PEC shall be the Authorized Party to enforce this Fee Agreement, as to the payment obligations of Teva and Allergan as set forth in this subsection and as to Attorneys making application to the Funds under this Fee Agreement. Solely for purposes of assessing or allocating common benefit fees, the MDL Court will continue to have jurisdiction over the work product developed in the MDL Court by and under the direction of the MDL PEC with respect to claims against Teva or Allergan, including data and documents, depositions, expert reports, briefs and pleadings; and the MDL Court’s protective orders, management orders, and other decisions regarding such discovery and other work product, including but not limited to, conditions on its use, will continue in full force and effect. Nothing in this subsection authorizes the MDL Court to act contrary to this Agreement or provides the MDL Court with jurisdiction over the Teva Agreement or Allergan Agreement. January 26, 2022 Description of Mathematical Model for the Allocation of the Contingency Fee Funds Allergan Settlement Agreement and Teva Settlement Agreement This document describes the Mathematical Model for the allocation of the Contingency Fee Fund described in Exhibit R (Agreement of Attorney’s Fees, Expenses and Costs) to the Allergan Settlement Agreement and Teva Settlement Agreement, respectively.1 Awards of fees from the Contingency Fee Funds shall be available to Attorneys engaged in Qualifying Representations of Participating Litigating Subdivisions that meet the eligibility criteria.2 A Fee Panel shall oversee the application of the Model and resolve any questions or disputes concerning the eligibility of a counsel to participate. The Panel is empowered to hear disputes concerning and ensure the accuracy of the mathematical calculations.‌ calculations. In general terms, allocation of the Contingency Fee Fund shall be made by (1) determining the amount of the Settlement Fund that is attributable to each Litigating Subdivision; (2) making certain adjustments to these amounts based on when the Subdivision filed suit and the terms of the applicable fee contract; and (3) dividing the Contingency Fee Fund proportionately among counsel for each Participating Litigating Subdivision based on the amounts calculated in subpart 2. The total amount of the Contingency Fee Funds is $195,364,179.86, of which $70,046,168.84 is to be contributed by Allergan3 and $125,318,011.02 is to be contributed by Xxxx.4 Attorneys with Qualifying Representations of Participating Litigating Subdivisions that timely named one or more Released Entities of either Settlement Agreement and meet the other eligibility requirements shall receive the full amount due from the combined Contingency Fee Funds.5‌‌ Funds.5 Allocation of the Contingency Fee Funds shall be made according to the following steps. These calculations are made only to determine the percentage share of the Contingency Fee Funds that Attorneys for each Participating Litigating Subdivision would receive, not for determining the dollar amount each Subdivision would receive.

Jurisdiction and Enforcement. The MDL Court shall have exclusive and ongoing jurisdiction over the enforcement and implementation of this Fee Agreement as set forth herein. The MDL PEC shall be the Authorized Party to enforce this Fee Agreement, as to the payment obligations of Teva and Allergan Walmart as set forth in this subsection Fee Agreement and as to Attorneys making application to the Funds under this Fee Agreement. Solely for purposes of assessing or allocating common benefit fees, the MDL Court will continue to have jurisdiction over the work product developed in the MDL Court by and under the direction of the MDL PEC with respect to claims against Teva or AllerganWalmart, including data and documents, depositions, expert reports, briefs and pleadings; and the MDL Court’s protective orders, management orders, and other decisions regarding such discovery and other work product, including but not limited to, conditions on its use, will continue in full force and effect. Nothing in this subsection paragraph authorizes the MDL Court to act contrary to this Agreement or to share any of the work product, or provides the MDL Court with jurisdiction over the Teva Agreement or Allergan Walmart Agreement. January 26, 2022 Description of Mathematical Model for the Allocation of the Contingency Fee Funds Allergan Settlement Agreement and Teva Walmart Settlement Agreement This document describes the Mathematical Model for the allocation of the Contingency Fee Fund described in Exhibit R (Agreement of Attorney’s Attorneys’ Fees, Expenses Costs, and CostsExpenses) to the Allergan Walmart Settlement Agreement and Teva Settlement Agreement, respectively.1 Agreement.3 Awards of fees from the Contingency Fee Funds Fund shall be available to Attorneys engaged in with Qualifying Representations of Participating Litigating Subdivisions that meet eligible to receive an allocation under the eligibility criteria.2 Walmart Settlement Agreement.4 A Fee Panel shall oversee the application of the Model and resolve any questions or disputes concerning the eligibility of a counsel to participate. The Panel is empowered to hear disputes concerning and ensure the accuracy of the mathematical calculations.‌ calculations. In general terms, allocation of the Contingency Fee Fund shall be made by (1) determining the amount of the Settlement Fund that is attributable to each Participating Litigating Subdivision; (2) making certain adjustments to these amounts based on when the Subdivision filed suit and the terms of the applicable fee contract; and (3) dividing the Contingency Fee Fund proportionately among counsel for each Participating Litigating Subdivision based on the amounts calculated in subpart 2. The total amount of the Contingency Fee Funds is $195,364,179.86, of which $70,046,168.84 is to be contributed by Allergan3 and $125,318,011.02 is to be contributed by Xxxx.4 Attorneys with Qualifying Representations of Participating Litigating Subdivisions that timely named one or more Released Entities of either Settlement Agreement and meet the other eligibility requirements shall receive the full amount due from the combined Contingency Fee Funds.5‌‌ Allocation of the Contingency Fee Funds shall be made according to the following steps. These calculations are made only to determine the percentage share of the Contingency Fee Funds that Attorneys for each Participating Litigating Subdivision would receive, not for determining the dollar amount each Subdivision would receive.;