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COLORADO OPIOIDS SETTLEMENT MEMORANDUM OF UNDERSTANDING <br />("MOU") <br />Thursday, August 26, 2021 <br />August 25, 2021 Attorney General version <br />A. Definitions <br />As used in this MOU: <br />"Approved Purpose(s)" shall mean forward -looking strategies, programming, and <br />services to abate the opioid epidemic as identified by the terms of any Settlement. <br />If a Settlement is silent on Approved Purpose(s), then Approved Purpose(s) shall <br />mean those forward -looking strategies to abate the opioid epidemic identified in <br />Exhibit A or any supplemental forward -looking abatement strategies added to <br />Exhibit A by the Abatement Council. Consistent with the terms of any <br />Settlement, "Approved Purposes" shall also include the reasonable administrative <br />costs associated with overseeing and administering Opioid Funds from each of the <br />four (4) Shares described in Section (13)(2). Reimbursement by the State or Local <br />Governments for past expenses are not Approved Purpose(s). "Approved <br />Purposes" shall include attorneys' fees and expenses incurred in the course of the <br />opioid litigation that are paid through the process discussed below. <br />2. "County Area" shall mean a county in the State of Colorado plus the Local <br />Governments, or portion of any Local Government, within that county. <br />"Effective Date" shall mean the date on which a court of competent jurisdiction, <br />including any bankruptcy court, enters the first Settlement by order or consent <br />decree. The Parties anticipate that more than one Settlement will be administered <br />according to the terms of this MOU, but that the first entered Settlement will <br />trigger the formation of the Abatement Council in Section (C) and the Regional <br />Councils in Section (F)(5). 1 <br />4. "General Abatement Fund Council," or "Abatement Council," shall have the <br />meaning described in Section (C), below. <br />1 For the avoidance of doubt, the McKinsey Settlement and any other Settlement that precedes the finalization of <br />drafting this MOU are not considered a trigger for purposes of the calculation of "Effective Date." <br />