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10 <br />Funds from the National Settlement Agreements (annual or otherwise), and will not <br />include payments resulting from the Purdue, Mallinckrodt, or Endo Bankruptcies. <br />D.Backstop Fund Payment Cap . Any attorney fees paid from the Backstop Fund, together <br />with any compensation received from the National Settlement Agreements’ Contingency <br />Fee Fund, shall not exceed 15% of the total gross recovery of the Litigating Local <br />Governments’ share of funds from the National Settlement Agreements. To avoid doubt, <br />in no instance will Counsel receive more than 15% of the amount paid to their respective <br />Litigating Local Government client(s) when taking into account what private attorneys <br />receive from both the Backstop Fund and any fees received from the National Settlement <br />Agreements’ Contingency Fee Fund. <br />E.Requirements to Seek Payment from Backstop Fund . A private attorney may seek <br />payment from the Backstop Fund in the event that funds received by Counsel from the <br />National Settlement Agreements’ Contingency Fee Fund are insufficient to cover the <br />amount that would be due to Counsel under any contingency fee agreement with a <br />Litigating Local Government based on any recovery Litigating Local Governments <br />receive from the National Settlement Agreements. Before seeking any payment from the <br />Backstop Fund, private attorneys must certify that they first sought fees from the National <br />Settlement Agreements’ Contingency Fee Fund, and must certify that they agreed to <br />accept the maximum fees payments awarded to them. Nothing in this Section, or in the <br />terms of this Agreement, shall be construed as a waiver of fees, contractual or otherwise, <br />with respect to fees that may be recovered under a contingency fee agreement or <br />otherwise from other past or future settlements, verdicts, or recoveries related to the <br />opioid litigation. <br />F.Special Master . A special master will administer the Backstop Fund, including overseeing <br />any distribution, evaluating the requests of Counsel for payment, and determining the <br />appropriate amount of any payment from the Backstop Fund. The special master will be <br />selected jointly by the Minnesota Attorney General and the Hennepin County Attorney, <br />and will be one of the following individuals: Hon. Jeffrey Keyes, Hon. David Lillehaug; <br />or Hon. Jack Van de North. The special master will be compensated from the Backstop <br />Fund. In the event that a successor special master is needed, the Minnesota Attorney <br />General and the Hennepin County Attorney will jointly select the successor special <br />master from the above-listed individuals. If none of the above-listed individuals is <br />available to serve as the successor special master, then the Minnesota Attorney General <br />and the Hennepin County Attorney will jointly select a successor special master from a <br />list of individuals that is agreed upon between the Minnesota Attorney General, the <br />Hennepin County Attorney, and Counsel. <br />G.Special Master Determinations . The special master will determine the amount and timing <br />of any payment to Counsel from the Backstop Fund. The special master shall make one <br />determination regarding payment of attorney fees to Counsel, which will apply through <br />the term of the recovery from the National Settlement Agreements. In making such <br />determinations, the special master shall consider the amounts that have been or will be <br />received by the private attorney’s firm from the National Settlement Agreements’ <br />Contingency Fee Fund relating to Litigating Local Governments; the contingency fee <br />contracts; the dollar amount of recovery for Counsel’s respective clients who are <br />DocuSign Envelope ID: 040056EC-0D41-4D98-9C65-E01AE876A6AB