[Sephiroth]

Originally Posted by nomadking

The EU have released a reacted version of the AZ contract.
Link
Page 11 para 5.4, Sneaky of them to talk about EU plants and non-EU plants, but include the UK in the definition of EU manufacturing plants.
Page 12 para 6.2, Also sneaky to say that AZ would not be in breech of the agreement if they were unable to deliver because of competing agreements, but only if those competing agreements were with the EU itself.
Page 23 para 13.1(e), It also says AZ are under no obligation to anybody else to fulfil their agreements, until AFTER the "Initial Europe Doses"(300m) of them has been fulfilled. They are trying to hijack a whole years worth of UK production.

The "best efforts" definition is as follows (my bold characters):

1.9. “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.

From my layman's point of view. the EU would be relying on what I highlighted in red and AZ would refute in terms of the stage of "commercialization" - as in the EU being 3 months behind the UK.

I love it!