Section XII. A shall not apply where the Settling State at issue meets the eligibility criteria for and is entitled to Incentive Payment A for the Payment Year at issue, except as expressly provided therein. For the avoidance of doubt, because all Settling States are deemed eligible for Incentive Payment A for Payment Years 1 and 2 under Section IV.F.1.c, a suspension of Payments under Section XII.A.2 shall not apply to any Settling States for those Payment Years.
Section XII. A shall not apply where the Later Litigating Subdivision seeks less than $10 million, or so long as its total claim is reduced to less than $10 million, in the lawsuit for a Released Claim at issue.
Section XII. A.3 shall not apply where the Later Litigating Subdivision opted out of a Settlement Class Resolution in the Settling State at issue that was in full force and effect in that Settling State as of the due date of the payment for Payment Year 2 and remains in full force and effect; provided that an offset relating to that Subdivision may apply under Section XIII.
Section XII. A.2 shall not apply with respect to a Primary Subdivision that is either (i) a Later Litigating Subdivision under clause (3) of the definition of that term solely because a legislative Bar or legislative Case-Specific Resolution applicable as of the Reference Date is invalidated by judicial decision after the Reference Date or (ii) a Later Litigating Subdivision under clause (4) of the definition of that term. Such a Primary Subdivision shall be treated as a General Purpose Government under Section XII.A.3.
Section XII. E does not apply to, and there is no ability of any Settling State to seek or obtain revision of this Agreement based on, any agreement between Walgreens and Non-Participating Subdivisions or Non-Participating Special Districts.
Section XII footwear, headgear, umbrellas, sunshade, batons, whips, riding-crops and parts thereof; prepared feathers and articles made of feathers; artificial flowers human hair of articles;
Section XII. A.3 is hereby amended in its entirety to read as follows:
Section XII. Notices.........................................................31
Section XII. If at any future time the need for Warning Devices at this location should cease, the Railroad may, with the approval of the Department, remove and relocate the same to any other crossing on the Railroad’s line which crosses a publicly maintained roadway in Kentucky. SECTION XIII – This Agreement shall be binding upon the legal representatives and assigns of the respective parties hereto.
Section XII. Amendment to Section 6.9
