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 the Settling Distributors as set forth in this 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 the 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 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 Distributor Agreement. Description of Mathematical Model for the Allocation of the Contingency Fee Funds Distributor Settlement Agreement and Xxxxxxx Settlement Agreement This document describes the Mathematical Model for allocation of the Contingency Fee Fund described in Exhibit R (Agreement of Attorney’s Fees, Expenses and Costs) to the Distributor Settlement Agreement and the Xxxxxxx Settlement Agreement, respectively.19 Awards of fees from the Contingency Fee Funds shall be available to Attorneys with Qualifying Representations of Participating Litigating Subdivisions eligible to receive an allocation under the 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. 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 Fund in the Distributor Settlement Agreement is $516,923,077.22 Amerisource’s share is $160,246,153.97 (31.0%), Cardinal’s share is $159,729,230.89 (30.9%), and McKesson’s share is $196,947,692.46 (38.1%). The total amount of the Contingency Fee 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 for purpose of determining the percentage share of the Contingency Fee Fund that Attorneys for each Participating Litigating Subdivision should receive, not for determining the dollar amount each Subdivision 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 the Settling Distributors Walmart as set forth in this Fee Agreement, 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 the Settling DefendantsWalmart, 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 Section III.D paragraph 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 Distributor Walmart Agreement. Description of Mathematical Model for the Allocation of the Contingency Fee Funds Distributor Settlement Agreement and Xxxxxxx Walmart Settlement Agreement This document describes the Mathematical Model for allocation of the Contingency Fee Fund described in Exhibit R (Agreement of Attorney’s Attorneys’ Fees, Expenses Costs, and CostsExpenses) to the Distributor Walmart Settlement Agreement and the Xxxxxxx Settlement Agreement, respectively.19 Agreement.3 Awards of fees from the Contingency Fee Funds Fund shall be available to Attorneys with Qualifying Representations of Participating Litigating Subdivisions eligible to receive an allocation under the corresponding agreements.20 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. 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. 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 Fund in the Distributor Settlement Agreement is $516,923,077.22 Amerisource’s share is $160,246,153.97 (31.0%), Cardinal’s share is $159,729,230.89 (30.9%), and McKesson’s share is $196,947,692.46 (38.1%). The total amount of the Contingency Fee 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 for purpose of determining the percentage share of the Contingency Fee Fund that Attorneys for each Participating Litigating Subdivision should receive, not for determining the dollar amount each Subdivision 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 the Settling Distributors Walgreens as set forth in this Fee Agreement, 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 the Settling DefendantsXxxxxxxxx, 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 Section III.D paragraph 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 Distributor Walgreens Agreement. Description of Mathematical Model for the Allocation of the Contingency Fee Funds Distributor Settlement Agreement and Xxxxxxx Walgreens Settlement Agreement This document describes the Mathematical Model for allocation of the Contingency Fee Fund described in Exhibit R (Agreement of Attorney’s Attorneys’ Fees, Expenses Costs, and CostsExpenses) to the Distributor Walgreens Settlement Agreement and the Xxxxxxx Settlement Agreement, respectively.19 Agreement.9 Awards of fees from the Contingency Fee Funds shall be available to Attorneys with Qualifying Representations of Participating Litigating Subdivisions eligible to receive an allocation under the corresponding agreements.20 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. 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. Each Settling Defendant is responsible only for its own share of payments.21 In other words, to To collect a fee award from the Contingency Fee Fund against Fund, a Settling Defendant, the Participating Litigating Subdivision must have named the Settling Defendant Walgreens (or any Released Entity) in its lawsuit. The total maximum amount of the Contingency Fee Fund in the Distributor Walgreens Settlement Agreement is $516,923,077.22 Amerisource’s share is $160,246,153.97 (31.0%), Cardinal’s share is $159,729,230.89 (30.9%), and McKesson’s share is $196,947,692.46 (38.1%). The total amount 225,493,007.20.11 Allocation of the Contingency Fee 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 for purpose of determining the percentage share of the Contingency Fee Fund that Attorneys for each Participating Litigating Subdivision should receive, not for determining the dollar amount each Subdivision 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 the Settling Distributors CVS as set forth in this Fee Agreement, 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 the Settling DefendantsCVS, 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 Section III.D paragraph authorizes the MDL Court to act contrary to this Fee Agreement or to share any of the work productAgreement, or provides the MDL Court with jurisdiction over the Distributor CVS Agreement. Description of Mathematical Model for the Allocation of the Contingency Fee Funds Distributor Settlement Agreement and Xxxxxxx CVS Settlement Agreement This document describes the Mathematical Model for allocation of the Contingency Fee Fund described in Exhibit R (Agreement of Attorney’s Attorneys’ Fees, Expenses Costs, and CostsExpenses) to the Distributor CVS Settlement Agreement and the Xxxxxxx Settlement Agreement, respectively.19 Agreement.4 Awards of fees from the Contingency Fee Funds shall be available to Attorneys with Qualifying Representations of Participating Litigating Subdivisions eligible to receive an allocation under the corresponding agreements.20 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. 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. 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 Fund in the Distributor Settlement Agreement is $516,923,077.22 Amerisource’s share is $160,246,153.97 (31.0%), Cardinal’s share is $159,729,230.89 (30.9%), and McKesson’s share is $196,947,692.46 (38.1%). The total amount of the Contingency Fee 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 for purpose of determining the percentage share of the Contingency Fee Fund that Attorneys for each Participating Litigating Subdivision should receive, not for determining the dollar amount each Subdivision 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 the Settling Distributors Xxxxxxx as set forth in this Fee Agreementsection, 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 the Settling DefendantsXxxxxxx, 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 Section III.D paragraph 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 Distributor Xxxxxxx Agreement. Description of Mathematical Model for the Allocation of the Contingency Fee Funds Distributor Settlement Agreement and Xxxxxxx Settlement Agreement This document describes the Mathematical Model for allocation of the Contingency Fee Fund described in Exhibit R (Agreement of Attorney’s Fees, Expenses and Costs) to the Distributor Settlement Agreement and the Xxxxxxx Settlement Agreement, respectively.19 respectively.18 Awards of fees from the Contingency Fee Funds shall be available to Attorneys with Qualifying Representations of Participating Litigating Subdivisions eligible to receive an allocation under the corresponding agreements.20 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. 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 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 Fund in the Distributor Settlement Agreement is $516,923,077.22 516,923,077.21 Amerisource’s share is $160,246,153.97 (31.0%), Cardinal’s share is $159,729,230.89 (30.9%), and McKesson’s share is $196,947,692.46 (38.1%). The total amount of the Contingency Fee Fund in the Xxxxxxx Settlement Agreement is $123,076,923.23 123,076,923.22 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 for purpose of determining the percentage share of the Contingency Fee Fund that Attorneys for each Participating Litigating Subdivision should receive, not for determining the dollar amount each Subdivision 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 the Settling Distributors Teva and Allergan as set forth in this Fee Agreement, 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 the Settling DefendantsTeva 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 Section III.D subsection 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 Distributor Teva Agreement or Allergan Agreement. Description of Mathematical Model for the Allocation of the Contingency Fee Funds Distributor Allergan Settlement Agreement and Xxxxxxx 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 Distributor Allergan Settlement Agreement and the Xxxxxxx Teva Settlement Agreement, respectively.19 respectively.1 Awards of fees from the Contingency Fee Funds shall be available to Attorneys with engaged in Qualifying Representations of Participating Litigating Subdivisions eligible to receive an allocation under that meet the corresponding agreements.20 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. 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 Fund in the Distributor 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 is $516,923,077.22 Amerisource’s share is $160,246,153.97 (31.0%), Cardinal’s share is $159,729,230.89 (30.9%), and McKesson’s share is $196,947,692.46 (38.1%). The total meet the other eligibility requirements shall receive the full amount due from the combined Contingency Fee Funds.5 Allocation of the Contingency Fee 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 Funds 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 for purpose of determining to determine the percentage share of the Contingency Fee Fund Funds that Attorneys for each Participating Litigating Subdivision should would receive, not for determining the dollar amount each Subdivision will 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 the Settling Distributors Teva and Allergan as set forth in this Fee Agreement, 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 the Settling DefendantsTeva 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 Section III.D subsection 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 Distributor Teva Agreement or Allergan Agreement. January 26, 2022 Description of Mathematical Model for the Allocation of the Contingency Fee Funds Distributor Allergan Settlement Agreement and Xxxxxxx 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 Distributor Allergan Settlement Agreement and the Xxxxxxx Teva Settlement Agreement, respectively.19 respectively.1 Awards of fees from the Contingency Fee Funds shall be available to Attorneys with engaged in Qualifying Representations of Participating Litigating Subdivisions eligible to receive an allocation under that meet the corresponding agreements.20 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. 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 Fund in the Distributor 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 is $516,923,077.22 Amerisource’s share is $160,246,153.97 (31.0%), Cardinal’s share is $159,729,230.89 (30.9%), and McKesson’s share is $196,947,692.46 (38.1%). The total meet the other eligibility requirements shall receive the full amount due from the combined Contingency Fee Funds.5‌‌ Allocation of the Contingency Fee 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 Funds 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 for purpose of determining to determine the percentage share of the Contingency Fee Fund Funds that Attorneys for each Participating Litigating Subdivision should would receive, not for determining the dollar amount each Subdivision will would receive.