|
6. The Govermnental Entity submits to the jurisdiction of the court in the Governmental Entity's
<br /> state where the Consent Judgment is filed for purposes limited to that court's role as provided in,
<br /> and for resolving disputes to the extent provided in, the Walgreens Settlement. The
<br /> Governmental Entity likewise agrees to arbitrate before the National Arbitration Panel as
<br /> provided in, and for resolving disputes to the extent otherwise provided in, the Walgreens
<br /> Settlement.
<br /> 7. The Governmental Entity has the right to enforce the Walgreens Settlement as provided therein.
<br /> 8. The Govermnental Entity, as a Participating Subdivision, hereby becomes a Releasor for all
<br /> purposes in the Walgreens Settlement, including without limitation all provisions of Section XI
<br /> (Release), and along with all departments, agencies, divisions, boards, commissions, districts,
<br /> instrumentalities of any kind and attorneys, and any person in their official capacity elected or
<br /> appointed to serve any of the foregoing and any agency, person, or other entity claiming by or
<br /> through any of the foregoing, and any other entity identified in the definition of Releasor,
<br /> provides for a release to the fullest extent of its authority. As a Releasor, the Governmental
<br /> Entity hereby absolutely, unconditionally, and irrevocably covenants not to bring, file, or
<br /> claim, or to cause, assist or permit to be brought, filed, or claimed, or to otherwise seek to
<br /> establish liability for any Released Claims against any Released Entity in any forum
<br /> whatsoever. The releases provided for in the Walgreens Settlement are intended by the Parties
<br /> to be broad and shall be interpreted so as to give the Released Entities the broadest possible bar
<br /> against any liability relating in any way to Released Claims and extend to the full extent of the
<br /> power of the Governmental Entity to release claims. The Walgreens Settlement shall be a
<br /> complete bar to any Released Claim.
<br /> 9. The Governmental Entity hereby takes on all rights and obligations of a Participating
<br /> Subdivision as set forth in the Walgreens Settlement.
<br /> 10. In connection with the releases provided for in the Walgreens Settlement, each Governmental
<br /> Entity expressly waives, releases, and forever discharges any and all provisions, rights, and
<br /> benefits conferred by any law of any state or territory of the United States or other jurisdiction,
<br /> or principle of common law, which is similar, comparable, or equivalent to § 1542 of the
<br /> California Civil Code,which reads:
<br /> General Release; extent. A general release does not extend to claims that the
<br /> creditor or releasing party does not know or suspect to exist in his or her favor
<br /> at the time of executing the release that, if known by him or her would have
<br /> materially affected his or her settlement with the debtor or released party.
<br /> A Releasor may hereafter discover facts other than or different from those which it knows,
<br /> believes, or assumes to be true with respect to the Released Claims, but each Governmental
<br /> Entity hereby expressly waives and fully, finally, and forever settles, releases and discharges,
<br /> upon the Effective Date, any and all Released Claims that may exist as of such date but which
<br /> Releasors do not know or suspect to exist, whether through ignorance, oversight, error,
<br /> negligence or through no fault whatsoever, and which, if known, would materially affect the
<br /> Governmental Entities' decision to participate in the Walgreens Settlement.
<br /> 2 r'
<br /> 0•
<br />
|