Common use of Remediation and Restitution Clause in Contracts

Remediation and Restitution. 1. The Parties agree that, unless required by law, Allergan’s Qualified Settlement Fund payment pursuant to Section III.A.2.a above shall be directed to remediation and restitution of xxxxx allegedly caused by Allergan. The Parties also agree that the purpose of the Qualified Settlement Fund will be to receive from Allergan and pay over to the State, Participating Subdivisions, and other Releasors monies to remediate the xxxxx allegedly caused by Allergan or to provide restitution for such alleged xxxxx that were previously incurred, none of which amount constitutes a fine or penalty. The State and each Participating Subdivision or other Releasor shall, prior to receipt of any direct payments from the Qualified Settlement Fund, provide the Settlement Fund Administrator with a written statement certifying that: (1) the entity suffered harm allegedly caused by Allergan; (2) the payments to be received by the entity from Allergan represent an amount that is less than or equal to the actual monetary damage allegedly caused by Allergan; and (3) the entity shall use such payments for the sole purpose of remediating the harm allegedly caused by Allergan and/or to provide restitution for such alleged xxxxx that were previously incurred. All costs incurred related to any request for a private letter ruling from the I.R.S. affirming the tax deductibility of the settlement payment, and/or the tax-exempt status of the Qualified Settlement Fund pursuant to IRC Section 115 shall be borne in their entirety by Allergan and shall not be directly paid or reimbursed from the corpus of the fund, escrow, or trust. The Settlement Fund Administrator shall complete and file Form 1098-F with the Internal Revenue Service on or before February 28 (March 31 if filed electronically) of the year following the calendar year in which the order entering the Consent Judgment becomes binding. On the Form 1098- F, the Settlement Fund Administrator shall identify such payments from Allergan pursuant to Section III.A.2.a as remediation and restitution amounts. The Settlement Fund Administrator or the State, as applicable, shall also, on or before January 31 of the year following the calendar year in which the order entering the Consent Judgment becomes binding, furnish Copy B of such Form 1098-F (or an acceptable substitute statement) to Allergan. 2. Nassau and Suffolk Counties represent that they shall use the payments received pursuant to this Agreement, after payment of attorney’s fees and costs, solely for remediation and restitution consistent with “Approved Uses” as defined in the Allergan New York Opioid Settlement Sharing Agreement, attached hereto as Exhibit E. As soon as reasonably practicable following receipt of any payment owed to them under this Agreement, Nassau and Suffolk Counties shall inform Allergan of precisely how much of the payments received pursuant to this Agreement each of them will use for remediation and restitution consistent with “Approved Uses.” Nassau and Suffolk Counties shall each comply with their respective obligations to timely file with the Internal Revenue Service forms or reports as required by law relating to the funds they received hereunder. Nassau and Suffolk Counties shall each complete and file Form 1098-F with the Internal Revenue Service at the appropriate time and shall also furnish Copy B of such Form 1098-F (or an applicable substitute statement) to Allergan.

Remediation and Restitution. 1. The Parties agree that, unless required by law, AllerganXxxx’s Qualified Settlement Fund payment pursuant to Section III.A.2.a above shall be directed to remediation and restitution of xxxxx allegedly caused by AllerganTeva. The Parties also agree that the purpose of the Qualified Settlement Fund will be to receive from Allergan Teva and pay over to the State, Participating Subdivisions, and other Releasors monies to remediate the xxxxx allegedly caused by Allergan Teva or to provide restitution for such alleged xxxxx that were previously incurred, none of which amount constitutes a fine or penalty. The State and each Participating Subdivision or other Releasor shall, prior to receipt of any direct payments from the Qualified Settlement Fund, provide the Settlement Fund Administrator with a written statement certifying that: (1) the entity suffered harm allegedly caused by AllerganTeva; (2) the payments to be received by the entity from Allergan Teva represent an amount that is less than or equal to the actual monetary damage allegedly caused by AllerganTeva; and (3) the entity shall use such payments payments, after payment of attorney’s fees and costs, for the sole purpose of remediating the harm allegedly caused by Allergan Teva and/or to provide restitution for such alleged xxxxx that were previously incurred. All costs incurred related to any request for a private letter ruling from the I.R.S. affirming the tax deductibility of the settlement payment, and/or the tax-tax- exempt status of the Qualified Settlement Fund pursuant to IRC Section 115 shall be borne in their entirety by Allergan Teva and shall not be directly paid or reimbursed from the corpus of the fund, escrow, or trust. The Settlement Fund Administrator shall complete and file Form 1098-F with the Internal Revenue Service on or before February 28 (March 31 if filed electronically) of the year following the calendar year in which the order entering the Consent Judgment becomes binding. On the Form 1098- 1098-F, the Settlement Fund Administrator shall identify such payments from Allergan Teva pursuant to Section III.A.2.a as remediation and restitution amounts. The Settlement Fund Administrator or the State, as applicable, shall also, on or before January 31 of the year following the calendar year in which the order entering the Consent Judgment becomes binding, furnish Copy B of such Form 1098-F (or an acceptable substitute statement) to AllerganTeva. 2. Nassau and Suffolk Counties represent that they shall use the payments received pursuant to this Agreement, after payment of attorney’s fees and costs, solely for remediation and restitution consistent with “Approved Uses” as defined in the Allergan and Teva New York Global Payment Opioid Settlement Sharing Agreement, attached hereto as Exhibit E. C, and the Teva New York Premium Payment Opioid Settlement Sharing Agreement, attached hereto as Exhibit L. As soon as reasonably practicable following receipt of any payment owed to them under this Agreement, Nassau and Suffolk Counties shall inform Allergan Teva of precisely how much of the payments received pursuant to this Agreement each of them will use for remediation and restitution consistent with “Approved Uses.” Nassau and Suffolk Counties shall each comply with their respective obligations to timely file with the Internal Revenue Service forms or reports as required by law relating to the funds they received hereunder. Nassau and Suffolk Counties shall each complete and file Form 1098-F with the Internal Revenue Service at the appropriate time and shall also furnish Copy B of such Form 1098-F (or an applicable substitute statement) to AllerganTeva.

Remediation and Restitution. 1. The Parties agree that, unless required by law, AllerganTeva’s Qualified Settlement Fund payment pursuant to Section III.A.2.a above shall be directed to remediation and restitution of xxxxx allegedly caused by AllerganTeva. The Parties also agree that the purpose of the Qualified Settlement Fund will be to receive from Allergan Teva and pay over to the State, Participating Subdivisions, and other Releasors monies to remediate the xxxxx allegedly caused by Allergan Teva or to provide restitution for such alleged xxxxx that were previously incurred, none of which amount constitutes a fine or penalty. The State and each Participating Subdivision or other Releasor shall, prior to receipt of any direct payments from the Qualified Settlement Fund, provide the Settlement Fund Administrator with a written statement certifying that: (1) the entity suffered harm allegedly caused by AllerganTeva; (2) the payments to be received by the entity from Allergan Teva represent an amount that is less than or equal to the actual monetary damage allegedly caused by AllerganTeva; and (3) the entity shall use such payments payments, after payment of attorney’s fees and costs, for the sole purpose of remediating the harm allegedly caused by Allergan Teva and/or to provide restitution for such alleged xxxxx that were previously incurred. All costs incurred related to any request for a private letter ruling from the I.R.S. affirming the tax deductibility of the settlement payment, and/or the tax-tax- exempt status of the Qualified Settlement Fund pursuant to IRC Section 115 shall be borne in their entirety by Allergan Teva and shall not be directly paid or reimbursed from the corpus of the fund, escrow, or trust. The Settlement Fund Administrator shall complete and file Form 1098-F with the Internal Revenue Service on or before February 28 (March 31 if filed electronically) of the year following the calendar year in which the order entering the Consent Judgment becomes binding. On the Form 1098- 1098-F, the Settlement Fund Administrator shall identify such payments from Allergan Teva pursuant to Section III.A.2.a as remediation and restitution amounts. The Settlement Fund Administrator or the State, as applicable, shall also, on or before January 31 of the year following the calendar year in which the order entering the Consent Judgment becomes binding, furnish Copy B of such Form 1098-F (or an acceptable substitute statement) to AllerganTeva. 2. Nassau and Suffolk Counties represent that they shall use the payments received pursuant to this Agreement, after payment of attorney’s fees and costs, solely for remediation and restitution consistent with “Approved Uses” as defined in the Allergan and Teva New York Global Payment Opioid Settlement Sharing Agreement, attached hereto as Exhibit E. C, and the Teva New York Premium Payment Opioid Settlement Sharing Agreement, attached hereto as Exhibit L. As soon as reasonably practicable following receipt of any payment owed to them under this Agreement, Nassau and Suffolk Counties shall inform Allergan Teva of precisely how much of the payments received pursuant to this Agreement each of them will use for remediation and restitution consistent with “Approved Uses.” Nassau and Suffolk Counties shall each comply with their respective obligations to timely file with the Internal Revenue Service forms or reports as required by law relating to the funds they received hereunder. Nassau and Suffolk Counties shall each complete and file Form 1098-F with the Internal Revenue Service at the appropriate time and shall also furnish Copy B of such Form 1098-F (or an applicable substitute statement) to AllerganTeva.