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6. To the extent that funds available in the designated amounts or percentages set forth <br />in this Section D are inadequate to fully pay amounts due under contingent fee <br />contracts, funds shall be distributed to private counsel for named plaintiff <br />Participating Political Subdivisions who filed suit and entered into contingent fee <br />contracts prior to April 30, 2020 on a pro rata basis based on the percentage of the <br />total population of named plaintiff Participating Political Subdivisions contained in <br />the named plaintiff Participating Political Subdivision that private counsel <br />represents. <br />7 Any funds remaining in the Deficiency Fund in excess of the amounts needed to <br />cover private counsel's representation agreements shall revert to the Participating <br />Political Subdivisions and be allocated to the sources from which they derived. <br />8. Any attorneys' fees related to representation of the Commonwealth of Virginia shall <br />not be paid from the Subdivision Share, the Direct Subdivision Abatement Share, <br />or the Fund but shall be drawn directly from the Commonwealth Share or through <br />other sources. Any payments of attorneys' fees related to representation of the <br />Commonwealth of Virginia from such other sources shall not be deemed Opioid <br />Funds subject to allocation under this MOU. <br />E. Settlement Negotiations <br />I . The Negotiating Committee members agree to inform each other in advance of any <br />negotiations relating to any Virginia -only Settlement with a Pharmaceutical Supply <br />Chain Participant that includes both the Commonwealth and its Political <br />Subdivisions and shall provide each other the opportunity to participate in such <br />negotiations. <br />fly <br />