Unit2Sucks said:
oski003 said:
Unit2Sucks said:
oski003 said:
Pfizer's supply contract is insane. Full indemnification against liability. Purchaser is responsible for purchase price even if Pfizer doesn't meet supply deadlines or experimental product is no longer needed or desired, etc...
None of this was surprising. The whole point of operation warp speed was to do everything possible to get these vaccines to market. Once the money was out the door, it wasn't coming back. All of that was known from the beginning. I don't know who this tweeter is, but the fact that he mentions Ivermectin is curious and telling.
The idea that somehow Ivermectin (which is still being studied rigorously) is being suppressed because of these supply contracts is tinfoil nonsense and I think you know that.
Ivermectin is the new Forsythia after HCQ turned out to be a mirage. Maybe they will figure out a way to get some use out of Ivermectin, but as I mentioned previously the big touted Ivermectin study was a product of plagiarism and plagued with errors. If Ivermectin was the panacea that it's proponents say it is, it should be easy to demonstrate.
By comparison, no one disputes that dexamethasone has worked wonders for COVID patients and it's been widely used all over the world. It's also extremely cheap and easy to administer. Why didn't scary conspiratorial big pharma prevent dexamethasone from being used far and wide? The answer is simple and yet somehow defeats those looking for conspiracies around every turn.
At some point perhaps you will realize how far down the rabbit hole you've gone.
I am focused on the contract language that HAS NOTHING TO DO WITH WARP SPEED. This is not the contract for the U.S. government. This is a contract for a poorer country desperate for a vaccine.
I also have never made a comment about Ivermectin. Please stop deflecting.
Please push your biases aside and use the cognitive abilities you developed at Berkeley.
The US wasn't the only one with motivations - it was the same everywhere. The US wasn't alone in wanting to address the pandemic through vaccinations. Countries who wanted vaccines in arms had to take on financial risk to incentivize companies to invest in vaccine production.
You posted a tweet that connected ivermectin to these vaccine contracts so stop pretending like I'm the one deflecting. If you want to distance yourself from the tweet you posted, please feel free to do so. Feel free to stop posting anti-vax drivel and fear-mongering garbage like this. No one is forcing you to do so.
Here is the content lest you get distracted by other things. Look a fly!
"Pfizer shall have no liability for any failure to deliver doses in accordance with any estimated delivery dates... nor shall any such failure give Purchaser any right to cancel orders for any quantities of Product."
"Pfizer shall decide on necessary adjustments to the number of Contracted Doses and Delivery Schedule due to the Purchaser ... based on principles to be determined by Pfizer ... Purchaser shall be deemed to agree to any revision."
"Purchaser hereby waives all rights and remedies that it may have at Law, in equity or otherwise, arising from or relating to:.. any failure by Pfizer to deliver the Contracted Doses in accordance with the Delivery Schedule."
"Under no circumstances will Pfizer be subject to or liable for any late delivery penalties."
"Pfizer will not, in any circumstances, accept any returns of Product (or any dose)...no Product returns may take place under any circumstances."
$12 per dosage for about 250K units.
Pfizer charged US taxpayers $19.50 per dose.
About payment, the country has no right "to withhold, offset, recoup or debit any amounts owed to Pfizer, whether under this Agreement or otherwise, against any other amount owed (or to become due and owing) to it by Pfizer or a Pfizer Affiliate."
"For clarity, Purchaser shall not be entitled to reject any Product based on service complaints unless a Product does not materially conform to Specifications or cGMP."
No cGMP specifications existed for mRNA vaccines.
Purchaser acknowledges...the long-term effects and efficacy of the Vaccine are not currently known and that there may be adverse effects of the Vaccine that are not currently known."
Termination for cause:
There are clauses about termination possibility, but in fact, as you saw so far, the buyer has almost nothing that can be considered a material breach, while Pfizer can easily do so if they don't get their money or if they deem so. Please see link for language as it is in an image.
You must pay Pfizer for the dosages you ordered, no matter how much you consumed, regardless if Pfizer got it approved (it was a pre-EU approval) or if they delivered the Contracted Doses in accordance with any estimated delivery dates set forth herein. See link for image.
"Purchaser hereby agrees to indemnify, DEFEND AND HOLD HARMLESS Pfizer, BioNTech (and) their Affiliates...from and against any and all suits, claims, actions, demands, losses, damages, liabilities, settlements, penalties, fines, costs and expenses..."
The state must defend Pfizer:
"(Pfizer) shall notify Purchaser of Losses for which it is seeking indemnification... Upon such notification, Purchaser shall promptly assume conduct and control of the defense of such Indemnified Claims on behalf of (Pfizer)"
However, "Pfizer shall have the right to assume control of such defense... and Purchaser shall pay all Losses, including, without limitation, the reasonable attorneys' fees and other expenses incurred."
Pfizer is making sure the country will pay for everything:
"Costs and expenses, including... fees and disbursements of counsel, incurred by the Indemnitee(s) in connection with any Indemnified Claim shall be reimbursed on a quarterly basis by Purchaser"
Liability:
"this shall not include, nor constitute, product liability insurance to cover any third party/patients claims and such general liability insurance shall be without prejudice to Purchaser's indemnification obligation as set out in this Agreement."
There is no limit to the liability of the country in case of:
"the indemnity given by it under Section 8 (Indemnification)" or if the Purchaser failed to pay Pfizer"
The Purchaser waives any right for immunity, it give up any law that might cap the obligation to pay damages to Pfizer.
Comment: The court is in NY has the capacity to hold international assets of a country if the country failed the contract.
Condition to supply:
Purchaser must provide Pfizer protection from liability for claims and all Losses, must implement it via statutory or regulatory requirements, and the sufficiency of such efforts shall be in Pfizer's sole discretion.
"The provisions of this Section 10 (Confidential Information) shall survive the termination or expiration of the this Agreement for a period of ten (10) years"
Arbitration must be done in New York, in according to Rules of Arbitration of the International Chamber of Commerce, govern by the laws of the State of New York, USA.