PfizerLeak: a vaccine supply contract leaked – Covid emergency

Translation by Giubbe Rosse del posted a few hours ago on Twitter from the account Ehden with some minor changes and additions.

Premise

Pfizer has so far been extremely aggressive in trying to protect the confidentiality of the clauses of the contracts signed with the various countries for the sale of its vaccine against Covid-19. Nonetheless, a contract has now leaked and ended up in the hands of someone who has disclosed the most salient parts in the English language. The country from which the contract comes is Albania. The curious aspect is that the contract was published on the Albanian government website since last January[1], but apparently no reporter mainstream until today he had noticed it or had given it an account. It should be noted that, like all large multinationals, Pfizer tries to use as much as possible a global standard contract that is valid for all countries. This is because the legal costs of creating and reviewing national contracts are extremely high. In short, it is not possible to say with absolute certainty that all countries have adopted the exact same contract, however the practice usually adopted in these cases and a number of already known elements that we provide below suggest that Pfizer has succeeded in enforcing substantially the same model everywhere, with slight national variations where expressly requested and, therefore, indispensable, while maintaining, however, the founding principles substantially unchanged. An authoritative confirmation in this sense comes from the former president of Pfizer in Brazil and CEO for Latin America, Carlos Murillo, who declared under oath before the Brazilian Parliamentary Commission of Inquiry (CPI) that

“the clauses proposed by the pharmaceutical company [Pfizer ndr] for the offer of vaccines in Brazil there are no “halter clauses”, as stated by former Brazilian health minister Eduardo Pazuello. On the contrary, according to Murillo, he demanded from Pfizer that all countries accept the exact same conditions for the purchase of vaccines against Covid-19 “.

ANALYSIS OF THE MAIN PARTS OF THE CONTRACT

First, let’s talk about the product. The contract not only covers the production of vaccines for COVID19 and its mutations, but also “any device, technology or product used in the administration or to enhance the use or effect of such vaccine”:

If you have been wondering why ivermectin has been suppressed to date, here is the answer now: ??because the contract that the countries have signed with Pfizer does not allow them to escape the obligations of the contract, which specifies that even if a drug is found to treat COVID-19, the contract cannot be canceled:

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Product Supply: Pfizer is not liable for any delivery delays
“Pfizer will not be held responsible for failure to deliver doses in accordance with the estimated delivery dates […] nor does this lack give the Buyer any right to cancel orders for any quantity of Product “:

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“Pfizer will decide on the necessary adjustments to the number of doses contracted and the delivery schedule due to the buyer […] based on principles to be determined by Pfizer. Buyer will be deemed to agree with any revisions. “

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Just to clarify:

“The Buyer hereby waives all rights and remedies that it may obtain by law, on an equitable basis or otherwise, arising from or relating to […] any non-delivery by Pfizer of the doses contracted in accordance with the delivery schedule “:

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And, if it still isn’t clear:
“Under no circumstances will Pfizer be held liable or subject to penalties for any late deliveries”:

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It is not possible to return the product, for any reason and under any circumstances:
“Pfizer will not, under any circumstances, accept any product returns (or any dose) […] no Product can be returned under any circumstances “.

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This is the part that sets the price of the vaccine and is the part that may differ from one country to another. This contract sets a price of $ 12.00 (USD; US dollars) per serving for just under 250,000 doses. Curiously, the price made public in the United States is $ 19.50, while for Israel, according to the words of the then government health minister Netanyahu, Yaron Niv, the price per dose would have been $ 62.00, almost five times. the price indicated in this contract for Albania. Obviously data that only the governments concerned will be able to confirm or deny.

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As for the payment, the country has no right “to withhold, set off, recover or charge any amount owed to Pfizer, under this Agreement or otherwise, with any other amount possibly owed (today or in the future) to Pfizer or an affiliate thereof”.

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Damaged goods

The only way for a country to get merchandise recall is to be able to demonstrate a violation of the CGMP (Good Manufacturing Practices). Interestingly, the current CGMPs are regulated by the FDA. They cannot say anything about mRNA, since we have never had good mRNA vaccine manufacturing practices. Therefore, it is virtually impossible to prove any negligence in FDA regulated Good Manufacturing Practices.

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This contract is above any local national state law.

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Long-term effects and efficacy

And here is the most interesting part:


“The Buyer acknowledges […] that 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 currently not known “.

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Termination for just cause

Formally there are clauses that allow the termination of the contract. In reality, as we have seen so far, the buyer has no elements available to prove a material violation, while Pfizer can easily terminate the contract if it does not receive the expected compensation or believes it has not received it:

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More explicitly: the signatory state is required to pay Pfizer for the dosages it has ordered, regardless of how many it has consumed, regardless of whether Pfizer has approved or not received approval [era un’approvazione pre-UE) e indipendentemente dal fatto che Pfizer abbia consegnato le dosi contrattate in conformità con le date di consegna stimate e stabilite nel contratto:

 

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Clausola di indennità


“L’Acquirente accetta di indennizzare, difendere e mantenere indenni Pfizer, BioNTech (e) le loro affiliate […] from and against any cause, claim, action, request, loss, damage, liability, transaction, penalty, fine, cost and expense “:

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State Obligation to Defend Pfizer:

“(Pfizer) will notify Buyer of losses for which it seeks compensation […] Upon such notification, Buyer shall promptly assume the conduct and control of the defense of such indemnified claims on behalf of (Pfizer). “:

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However, “Pfizer will have the right to take control of such defense … and Buyer shall pay all Losses, including, without limitation, reasonable attorney’s fees and other expenses incurred.”.

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Pfizer makes sure the country pays for everything

“Costs and expenses, including […] the fees and consultancy disbursements incurred by the Beneficiary (s) in connection with any Claim will be reimbursed quarterly by the Buyer “.
In short, costs and legal problems are discharged from the beginning on the “beneficiary”:

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Responsibility

“this does not include, nor does it constitute, product liability insurance to cover any third party / patient claims and such general liability insurance does not affect Buyer’s indemnification obligation as set forth in this agreement”.

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There is no limit to the country’s liability if:

“indemnity granted by it under Section 8 (Indemnification)” or if Buyer has not paid Pfizer “.

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Buyer waives any right of immunity, waives any law that may limit Pfizer’s indemnification obligation.

Comment: The New York court has the ability to hold a country’s international assets if a country has failed to comply with a contract:

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Conditions for supply

Buyer must provide protection to Pfizer from liability for claims and all losses, must implement this through legal or regulatory requirements, and the adequacy of such efforts will be judged in Pfizer’s sole discretion:

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Confidentiality, part 1

“Each Recipient must safeguard the confidential and proprietary nature of the Disclosing Party’s Confidential Information with at least the same degree of care with which it retains its own confidential or proprietary information of the same type”:

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Confidentiality, part 2

“The recipient must disclose confidential information only to those of its representatives who need to know such confidential information in order to fulfill their obligations under this agreement”:

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Confidentiality, part 3

The contract must be kept confidential for 10 years (in Israel this limit appears to be 30 years):

“The provisions of this Section 10 (Confidential Information) will survive the termination or expiration of this Agreement for a period of ten (10) years”:

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Arbitration and courts of jurisdiction

The arbitration must be conducted in New York, according to the arbitration rules of the International Chamber of Commerce, governed by the laws of the State of New York, USA:

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If a specific ministry has been assigned to protect the contract, this must remain in place:

“… the attempt to transfer rights or delegate or subcontract tasks without the prior written consent of the other Parties is null and void”.


Source of the original in English:
Twitter:


Threaderapp: https://threadreaderapp.com/thread/1419653002818990085.html

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