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OCR Page 1 of 134msa.ts
http://www.naag.org/settle.htm
MASTER SETTLEMENT AGREEMENT
This Master Settlement Agreement is made by the undersigned Settling State officials (on behalf of their
respective Settling States) and the undersigned Participating Manufacturers to settle and resolve with
finality all Released Claims against the Participating Manufacturers and related entities as set forth
herein. This Agreement constitutes the documentation effecting this settlement with respect to each
Settling State, and is intended to and shall be binding upon each Settling State and each Participating
Manufacturer in accordance with the terms hereof.
I. RECITALS
WHEREAS, more than 40 States have commenced litigation asserting various claims for monetary,
equitable and injunctive relief against certain tobacco product manufacturers and others as defendants,
and the States that have not filed suit can potentially assert similar claims;
WHEREAS, the Settling States that have commenced litigation have sought to obtain equitable relief
and damages under state laws, including consumer protection and/or antitrust laws, in order to further
the Settling States' policies regarding public health, including policies adopted to achieve a significant
reduction in smoking by Youth;
WHEREAS, defendants have denied each and every one of the Settling States' allegations of unlawful
conduct or wrongdoing and have asserted a number of defenses to the Settling States' claims, which
defenses have been contested by the Settling States;
WHEREAS, the Settling States and the Participating Manufacturers are committed to reducing underage
tobacco use by discouraging such use and by preventing Youth access to Tobacco Products;
WHEREAS, the Participating Manufacturers recognize the concern of the tobacco grower community
that it may be adversely affected by the potential reduction in tobacco consumption resulting from this
settlement, reaffirm their commitment to work cooperatively to address concerns about the potential
adverse economic impact on such community, and will, within 30 days after the MSA Execution Date,
meet with the political leadership of States with grower communities to address these economic
concerns;
WHEREAS, the undersigned Settling State officials believe that entry into this Agreement and uniform
consent decrees with the tobacco industry is necessary in order to further the Settling States' policies
designed to reduce Youth smoking, to promote the public health and to secure monetary payments to the
Settling States; and
WHEREAS, the Settling States and the Participating Manufacturers wish to avoid the further expense,
delay, inconvenience, burden and uncertainty of continued litigation (including appeals from any
verdicts), and, therefore, have agreed to settle their respective lawsuits and potential claims pursuant to
terms which will achieve for the Settling States and their citizens significant funding for the
advancement of public health, the implementation of important tobacco-related public health measures,
including the enforcement of the mandates and restrictions related to such measures, as well as funding
for a national Foundation dedicated to significantly reducing the use of Tobacco Products by Youth;
NOW, THEREFORE, BE IT KNOWN THAT, in consideration of the implementation of
tobacco-related health measures and the payments to be made by the Participating Manufacturers, the
release and discharge of all claims by the Settling States, and such other consideration as described
herein, the sufficiency of which is hereby acknowledged, the Settling States and the Participating
Manufacturers, acting by and through their authorized agents, memorialize and agree as follows:
II. DEFINITIONS
(a) "Account" has the meaning given in the Escrow Agreement.
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