Common use of Notwithstanding Section IV Clause in Contracts

Notwithstanding Section IV. F.4, a Settling State can become re- eligible for Incentive Payment D if the lawsuit that survived a Threshold Motion is dismissed pursuant to a later motion on grounds included in the Threshold Motion, in which case the Settling State shall be eligible for Incentive Payment D less any litigation fees and costs incurred by Settling Distributor in the interim, except that if the dismissal motion occurs after the completion of opening statements in such action, the Settling State shall not be eligible for Incentive Payment D. d. For the avoidance of doubt, a Settling State may be eligible for Incentive Payment D whether or not it is eligible for Incentive Payments A-C. e. In determining the amount of Incentive Payment D that Settling Distributors will pay in D 3D\PHQW <HDU DQG ,HifDanFy, Kof 6HWWO