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7. For each settlement utilizing a National Fund, the Texas Political <br />Subdivisions need only make one attempt at seeking fees and expenses <br />there. <br />8. The total amount of the Texas Opioid Fee and Expense Fund shall be <br />reduced proportionally, according to the agreed upon allocation of the <br />Texas Subdivision Fund, for any Texas litigating Political Subdivision <br />that (1) fails to enter the settlement; and (2) was filed in Texas state <br />court, and was transferred to the Texas IVML (or removed before or <br />during transfer to the Texas MDL) as of the execution date of this <br />Agreement. <br />D. The Texas Opioid Council and Texas Abatement Fund <br />The Texas Opioid Council and Texas Abatement Fund is described in detail <br />at Exhibit A, incorporated herein by reference. <br />E. Settlement Negotiations <br />1. The State and Negotiating Committee agree to inform each other in <br />advance of any negotiations relating to a Texas -only settlement with a <br />Pharmaceutical Supply Chain Participant that includes both the State and <br />its Political Subdivisions and shall provide each other the opportunity to <br />participate in all such negotiations. Any Texas -only Settlement agreed to <br />with the State and Negotiating Committee shall be subject to the approval <br />10 <br />