Zitat:
2.1 Agreement to Supply.
(a) During the Term, Pfizer shall use Commercially Reasonable Efforts to supply or
have supplied the Product to Purchaser, and Purchaser shall purchase the Product,
subject to and in accordance with the terms and conditions of this Agreement.
(b) Purchaser acknowledges and agrees that (i) Pfizer’s efforts to develop and
manufacture the Product are aspirational in nature and subject to significant risks
and uncertainties, and (ii) the fact that any other drug or vaccine to prevent, treat or
cure COVID-19 infection is successfully developed or granted authorization earlier
than the granting of Authorization for the Product shall not change the current
situation of urgent needs for prevention of the spread of the COVID-19 infection
that poses serious threats to and harmful effects on the lives and health of the
general public.
(c) Notwithstanding the efforts and any estimated dates set forth in the Delivery
Schedule, the Parties recognize that the Product has completed Phase 2b/3 clinical
trials and that, despite the efforts of Pfizer in research, and development and
manufacturing, the Product may not be successful due to technical, clinical,
regulatory, manufacturing, shipping, storage, or other challenges or failures.
(d) Accordingly, Pfizer and its Affiliates shall have no liability for any failure by Pfizer
or its Affiliates to develop or obtain Authorization of the Product in accordance
with the estimated dates described in this Agreement. Even if the Product is
successfully developed and obtains Authorization, Pfizer shall have no liability for
any failure to deliver doses in accordance with any estimated delivery dates set
forth herein (other than as expressly set out in this Agreement), nor shall any such
failure give Purchaser any right to cancel orders for any quantities of Product.
(e) Pfizer shall keep Purchaser apprised of the progress of the material development of
the Product and shall provide Purchaser with such information regarding that
development as Purchaser reasonably requests.