Notwithstanding Section V.F Clause Samples

Notwithstanding Section V.F. 4.b, the State of Rhode Island can become re-eligible for Incentive Payment D if the lawsuit that survived a Threshold Motion is dismissed pursuant to a later motion on grounds included in the Threshold Motion, in which case the State of Rhode Island shall be eligible for Incentive Payment D less any litigation fees and costs incurred by Settling Distributor in the interim, except that if the dismissal motion occurs after the completion of opening statements in such action, the State of Rhode Island shall not be eligible for Incentive Payment D.