EU unhappy with astrazeneca

[sxturbo]

this is the kicker bobby trump

6.2. Capacity Limitations. In the event AstraZeneca's ability to fulfill its
obligations under this Agreement is impeded by a competing agreement entered into by
or on behalf of the Commission, AstraZeneca shall promptly inform the Commission.
While AstraZeneca shall continue to use Best Reasonable Efforts to engage with its
own contract manufacturers and suppliers to utilize the capacity and/or components, the
Commission will assist in finding a mutually acceptable solution for this Agreement
and the competing agreement. To the extent AstraZeneca’s performance under this
Agreement is impeded by any such competing agreements, AstraZeneca shall not be
deemed in breach of this Agreement as a result of any such delay due to the
aforementioned competing agreement(s).

 

[fillyboy]

from the contract, the way it is written it also cover manufacture as a best effort:

“Best Reasonable Efforts” means
(a) in the case of AstraZeneca, the activities and degree of effort that a company
of similar size with a similarly-sized infrastructure and similar resources as
AstraZeneca would undertake or use in the development and manufacture of a
Vaccine at the relevant stage of development or commercialization having regard
to the urgent need for a Vaccine to end a global pandemic which is resulting in
serious public health issues, restrictions on personal freedoms and economic
impact, across the world but taking into account efficacy and safety; and
(b) in the case of the Commission and the Participating Member States, the
activities and degree of effort that governments would undertake or use in
supporting their contractor in the development of the Vaccine having regard to the
urgent need for a Vaccine to end a global pandemic which is resulting in serious
public health issues, restrictions on personal freedoms and economic impact, across
the world.

"best reasonable efforts " aint going to include breaching a pre-existing contract with the UK.

 

[sxturbo]

Can you show us, where in the contract is the definition of "bets reasonable efforts" and what it apllies to?
Or is this yet more of your speculation?

thats in the contract you plumb, that is a direct copy and paste from the freely available contract on the EU's website

 

[Scarlet Pimpernel]

Then why oh why does it specifically states under initial delivery best endeavours apply? May Ursula needs to use her finger when reading too.

If you can point out the specific clauses that support AZ's position, then why the discussion.
Clearly, you cannot, hence the discussion, threat of legal actions, discussions about reslolution etc, before legal action is pursued.

 

[sxturbo]

"best reasonable efforts " aint going to include breaching a pre-existing contract with the UK.

no it doesnt, i've just posted article 6.2 where it states that very fact

 

[EddieM]

If you can point out the specific clauses that support AZ's position, then why the discussion.
Clearly, you cannot, hence the discussion, threat of legal actions, discussions about reslolution etc, before legal action is pursued.

Section 5.1 pretty clear.

 

[Scarlet Pimpernel]

this is the kicker bobby trump

6.2. Capacity Limitations. In the event AstraZeneca's ability to fulfill its
obligations under this Agreement is impeded by a competing agreement entered into by
or on behalf of the Commission, AstraZeneca shall promptly inform the Commission.
While AstraZeneca shall continue to use Best Reasonable Efforts to engage with its
own contract manufacturers and suppliers to utilize the capacity and/or components, the
Commission will assist in finding a mutually acceptable solution for this Agreement
and the competing agreement. To the extent AstraZeneca’s performance under this
Agreement is impeded by any such competing agreements, AstraZeneca shall not be
deemed in breach of this Agreement as a result of any such delay due to the
aforementioned competing agreement(s).

I don;t think you've read that properly.
Let me spell it out for you, and you can compare the wording:
In the event of AZ's ability to fulfil its obligations under this agreement is impeded by a competing agreement entered into by or on bhalf of the commission.....
Clearly this refers to any agreement entered into with any other nation in the EU.
It does not refer to any contracts with any other non-EU party.

Now the kicker is: obvioulsy you're pretty naff at reading and comprehending contracts.

 

[Scarlet Pimpernel]

"best reasonable efforts " aint going to include breaching a pre-existing contract with the UK.

Then a priority clause would be included.

 

[Scarlet Pimpernel]

thats in the contract you plumb, that is a direct copy and paste from the freely available contract on the EU's website

So this is a direct copy and paste from the contract:

Care to tell us on which page the definitions are?

 

[Scarlet Pimpernel]

Section 5.1 pretty clear.

Yes, it clearly indicates that AZ will use its best efforts to manufacture the vaccine within the EU.

 

[fillyboy]

EU drug regulators have announced AstraZeneca's coronavirus vaccine can be given to all adults in the bloc.

The advice from the European Medicines Agency (EMA) comes after questions were raised in Germany over how effective the jab, developed with Oxford University, is in protecting older people.

If they can get any.

 

[mitch66]

So this is a direct copy and paste from the contract:

Care to tell us on which page the definitions are?

Give up mate. You're not even flogging a dead horse anymore. You smashed them into burgers, EU "horseburgers".

 

[sxturbo]

in my opinion, i would say the EU have broken this part of the contract, i would say that with whats been written in the media and shouted about etc, the EU have not negotiated in good faith.

but thats just my opinion

18.5. Resolution.
(a) In the event of a dispute arising under this Agreement between the Parties, the
Parties shall first refer such dispute to informal dispute resolution discussions
between their respective Executive Officers. AstraZeneca, on the one hand, or the
Commission, on the other hand on behalf of the Commission or the applicable
Participating Member State, may initiate such informal dispute resolution by
sending written notice of the dispute to the other Party, and, within twenty (20)
days of such notice, the Executive Officers shall meet and attempt to resolve the
dispute by good faith negotiations.

 

[Scarlet Pimpernel]

Give up mate. You're not even flogging a dead horse anymore. You smashed them into burgers, EU "horseburgers".

And now the silliness starts.
It must be happy hour.

 

[sxturbo]

So this is a direct copy and paste from the contract:
View attachment 220745
Care to tell us on which page the definitions are?

that is page 3, article 1.9, which article 1 is "definitions"