Common use of Release of Payments if No Qualifying Special District Litigation Clause in Contracts

Release of Payments if No Qualifying Special District Litigation. a. $213,230,769 shall be available for potential Incentive D payments according to the terms specified in this subsection V.E.7. b. If, within five years of the Reference Date, a Covered Special District files litigation against any Released Entity, Xxxxxxx shall, within thirty (30) days of Xxxxxxx being served, provide notice of the litigation to the Settling State in which the Covered Special District sits, which shall file a motion to intervene in the litigation and use its best efforts to obtain either dismissal of the litigation in cooperation with Xxxxxxx, or a release consistent with Section IV of the Special District’s Claims. c. A Settling State shall receive its allocation of the Incentive D payment if, within five years after the Effective Date (the “look-back date”), no Covered Special District within the Settling State has filed litigation which has survived a Threshold Motion and remains pending as of the look-back date, unless the dismissal after the litigation survived the Threshold Motion is conditioned or predicated upon payment by a Released Entity (apart from payments by Xxxxxxx incurred under the Agreement or injunctive relief obligations incurred by it). d. Prior to the look-back date, a Released Entity shall not enter into a settlement with a Covered Special District unless the State in which the Covered Special District sits consents to such a settlement or unreasonably withholds consent of such a settlement.