Common use of Incentive Payment D Clause in Contracts

Incentive Payment D. Incentive Payment D shall be applied at Payment Year 6. Incentive Payment D shall be equal to five percent (5%) of the Net Abatement Amount multiplied by the aggregate Overall Allocation Percentage of the Settling States. Incentive Payment D will be due to a Settling State as part of the Annual Payment for each of thirteen (13) Payment Years (from Payment Year 6 to Payment Year 18) that any Settling State is eligible for Incentive Payment D and equal a total potential maximum of $927,700,685 if all States are eligible for all thirteen (13) Payment Years. Each Settling 6WDWH¶V VKDUH RI ,QFHQWLYH 3D\mPaxHimQumW ' LQ D amount available for Incentive Payment D for that year as reflected in Exhibit M times WKH 6HWWOLQJ 6WDWH¶V 2YHUDOO $OORFDWLRQ 3H as follows: a. A Settling State is eligible for Incentive Payment D if there has been no Later Litigating Subdivision in that State that has had a Claim against a Released Entity survive more than six (6) months after denial in whole or in part of a Threshold Motion. b. $ 6HWWOLQgiJbility6foWr IDncWenHtiv¶e PVaymHenOt DLshall be determined as of sixty (60) calendar days prior to the Payment Date. If a Later Litigating Subdivision¶V ODin ZthaVt SXtaLte Wsurvives more than six (6) months after denial in whole or in part of a Threshold Motion after that date, that State shall not be eligible for Incentive Payment D for the Payment Year in which that occurs and any subsequent Payment Year.

Incentive Payment D. a. Incentive Payment D shall be applied at available to Settling States that do not qualify for Incentive Payment Year 6. A. b. Incentive Payment D shall be equal to five up to a maximum of ten percent (510%) of the Net Abatement Amount multiplied by Adjusted State Remediation Payment, with the aggregate Overall Allocation Percentage of actual amount depending whether and the extent to which the criteria set forth below are met in each Settling StatesState. Incentive Payment D will be due to a Settling State as part of the Annual Payment for each of thirteen (13) Payment Years (from Payment Year 6 to Payment Year 18) that any Settling State is eligible The maximum total for Incentive Payment D and equal a total potential maximum of is $927,700,685 if all States are eligible for all thirteen (13) Payment Years. Each Settling 6WDWH¶V VKDUH RI ,QFHQWLYH 3D\mPaxHimQumW ' LQ D amount available for 120,000,000. c. Incentive Payment D shall be paid starting at Payment Year 6 and the amount of Incentive Payment D in Payment Years 6-11 will depend on (i) the Settling State meeting the qualifications set out in Section IV.H.6.d and (ii) the Participation Percentage of Incentive BC Eligible Subdivision Population achieved by the Settling State as of sixty (60) days prior to the Payment Date for that year as reflected in Exhibit M times WKH 6HWWOLQJ 6WDWH¶V 2YHUDOO $OORFDWLRQ 3H as follows:Payment Year 6. a. d. A Settling State is eligible qualifies for Incentive Payment D if there has been no Later Litigating Subdivision (for purposes of Incentive Payment D, Later Litigating Subdivisions are limited to (i) a Primary Subdivision; (ii) a school district with a K-12 student enrollment of at least 25,000 or 0.10% of the Settling State’s population, whichever is greater; (iii) a health district or hospital district that has at least one hundred twenty-five (125) hospital beds in one or more hospitals rendering services in that district; and (iv) Primary Fire Districts) in that Settling State that has had a Claim lawsuit against a Released Entity survive more than six (6) months after denial in whole or in part of a Threshold Motion. b. $ 6HWWOLQgiJbility6foWr IDncWenHtiv¶e PVaymHenOt DLshall e. A Settling State’s qualification for Incentive Payment D shall be determined as of sixty (60) calendar days prior to the Payment Date (“Incentive Payment D Look-Back Date”). If a Later Litigating Subdivision¶V ODin ZthaVt SXtaLte Wsurvives Subdivision’s lawsuit in that Settling State survives more than six (6) months after denial in whole or in part of a Threshold Motion after that date, that Settling State shall not be eligible for Incentive Payment D for the Payment Year in which that occurs and any subsequent Payment Year. f. The Incentive Payment D for any Settling State qualifying for Incentive Payment D in Payment Years 6-11 shall be equal to between three percent (3%) and ten percent (10%) of the of the State Remediation Payment times the Settling State’s Overall Allocation Percentage specified in Exhibit F. The 6 The Incentive Payment BC table specified in Section IV.H.5.e and Incentive Payment D table specified in Section

Incentive Payment D. Incentive Payment D shall be applied at Payment Year 6. Incentive Payment D shall be equal to five percent (5%) % of the Net New York Settlement Abatement Amount multiplied by the aggregate Overall Allocation Percentage of the Settling StatesAmount. Incentive Payment D will be due to a Settling State as part of the Annual Payment for each of thirteen (13) Payment Years (from Payment Year 6 to Payment Year 18) that any Settling New York State is eligible for Incentive Payment D and equal a total potential maximum of $927,700,685 50,006,605 if all States are New York State is eligible for all thirteen (13) Payment Years. Each Settling 6WDWH¶V VKDUH RI ,QFHQWLYH 3D\mPaxHimQumW ' LQ New‌ included within the population of more than one Incentive Payment C Subdivision, and (b) the population that resides in Incentive C Eligible Subdivisions shall be the sum of the population of the Incentive C Eligible Subdivisions, notwithstanding that persons may be included within the population of more than one Incentive C Eligible Subdivision. An individual Incentive Payment C Subdivision shall not be included more than once in the numerator, and shall not be included more than once in the denominator, of the calculation regardless if it (or any of its officials) is named as multiple plaintiffs in the same lawsuit. For the avoidance of doubt, if the population that resides in Incentive C Eligible Subdivisions is less than 60% of the population of Incentive Payment C Subdivisions, New York State shall not be eligible for any portion of Incentive Payment C. York State’s Incentive Payment D in a given year shall equal the total maximum amount available set forth in Exhibit G. Eligibility for Incentive Payment D for that year as reflected in Exhibit M times WKH 6HWWOLQJ 6WDWH¶V 2YHUDOO $OORFDWLRQ 3H is as follows: a. A Settling New York State is eligible for Incentive Payment D if there has been no Later Litigating Subdivision in that State that has had a Claim against a Released Entity survive more than six (6) months after denial in whole or in part of a Threshold Motion. b. $ 6HWWOLQgiJbility6foWr IDncWenHtiv¶e PVaymHenOt DLshall New York State’s for Incentive Payment D shall be determined as of sixty (60) calendar days prior to the Payment Date. If a Later Litigating Subdivision¶V ODin ZthaVt SXtaLte Wsurvives Subdivision’s lawsuit survives more than six (6) months after denial in whole or in part of a Threshold Motion after that date, that New York State shall not be eligible for Incentive Payment D for the Payment Year in which that occurs and any subsequent Payment Year.