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agree to exert diligent efforts to accomplish an alternate arrangement that preserves <br />the payment of counsel and litigation expenses outlined hereunder, Administration <br />of the Deficiency Fund shall be the responsibility of the Political Subdivisions, and <br />the costs of administration may be paid out of the Deficiency Fund, <br />3. The Deficiency Fund is to be used to compensate counsel for the Participating <br />Political Subdivisions that filed suit on or prior to April 30, 2020. Eligible <br />contingent fee contracts shall have been executed on or before April 30, 2020, <br />4. 7`he Deficiency Fund shall be funded as follows: from any national Settlement, the <br />funds deposited in the Deficiency Fund shall be 25% of the Subdivision Share and <br />25% of the Direct Subdivision Abatement Share of each payment (annual or <br />otherwise) that is allocated to the Commonwealth of Virginia (including its political <br />subdivisions) for that Settlement, These funds shall be deposited to the Deficiency <br />Fund prior to distribution to the Participating Political Subdivisions. No portion of <br />the Deficiency Fund shall be drawn from the Commonwealth Share or the Fund. <br />5. The maximum percentage of any contingency fee agreement permitted for <br />compensation shall be 25% of the portion of the Subdivision Share and the Direct <br />Subdivision Abatement Share attributable to the named plaintiff Participating <br />Political Subdivision that is a party to the contingency fee agreement, plus expenses <br />attributable to that named plaintiff Participating Political Subdivision. Under no <br />circumstances may counsel collect more for its work on behalf of a named plaintiff <br />Participating Political Subdivision than it would under its contingency agreement <br />with that named plaintiff Participating Political Subdivision. <br />M <br />