Corona Virus

Discussion in 'Lounge' started by Old phart phred, Mar 8, 2020.

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  1. figwold

    figwold First Class Member

    Dec 12, 2016
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    #3001 figwold, Jan 29, 2021
    Last edited: Jan 29, 2021
    I think best reasonable efforts clause helps them. It says that they should use best reasonable efforts which it defines as whatever a similar manufacturer would do in all the circumstances. But it is still best reasonable efforts to meet the requirement to produce the Initial Doses in the EU. It doesn’t look like it compels them to hit estimated volume targets, or to divert supplies from elsewhere if they can’t.

    And we already know that they have already had similar issues with getting the UK plant up to speed (three months ago) and that other manufacturers have also had initial problems. So I can’t see that the EU has a leg to stand on.
     
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  2. figwold

    figwold First Class Member

    Dec 12, 2016
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    The meaning of Best Reasonable Efforts is interesting. In UK contract law there are two similar terms, namely reasonable endeavours and best endeavours. The difference between the two is very important.

    Reasonable Endeavours means that a party to a contract is required to do whatever a reasonable person would in the circumstances, but no more.

    Best Endeavours means that a party has to do whatever is possible, even if it might be considered unreasonable to expect it to do so.

    The EU-AZ contract uses the term Best Reasonable Efforts. It sounds like a hybrid, but the key is the word “Reasonable”. If you google it you get the following:

    “Reasonable best efforts” is a level down from the top end of the scale and is generally perceived as requiring substantial efforts be exerted in the process, but that a party would not ultimately be required to take any actions that would be commercially unreason- able under the circumstances.

    which is why the contract has a bit more text to try and define it, referring to what similar pharma companies would do in the circumstances and context.

    In other words I wouldn’t want to rely on the clause to sue AZ as the judge would be likely to say that it is unreasonable to expect AZ not to have teething issues with the new facility in Belgium, and unreasonable to expect them to divert from the UK to meet Initial Doses volume when the contract requires them to make them in Belgium.
     
  3. TillyB

    TillyB Active Member

    Dec 24, 2019
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    I think this is in one clause not two in the actual contract.
     
  4. Tom Gillam

    Tom Gillam Guest

    The EU has a name for a group of countries,known as PIGS!
    Portugal,Italy,Greece and Spain,as explained to me by a bloke working in a petrol station in Spain when I was touring back in 2019.
    He explained that this was a derogatory term,originating in Brussels.
     
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  5. TillyB

    TillyB Active Member

    Dec 24, 2019
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    I thinks it's difficult to call, you could also view it that they are contracted to deliver n number of doses and if they cannot due to production issues in one plant then to fulfil the requirement it would be unreasonable not to supply them from their other production sites. To me this is a goods contract and not a manufacturing site contract.
     
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  6. Tom Gillam

    Tom Gillam Guest

    You certainly could wearing large Euro blinkers.
     
  7. TillyB

    TillyB Active Member

    Dec 24, 2019
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    Bloke in a petrol station, must be true then
    Maybe I should consult with your friend from the Spanish petrol station who is your "go-to" expert in EU matters?
     
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  8. Hubaxe

    Hubaxe Good moaning! aka Mr Wordsalad :)

    Mar 25, 2020
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    The twist about EU claiming dose made in UK plant seems to be the contract has ben signed while UK was still member of EU.
    hmm All laboratories struggle to produce as promised. Bad bad
     
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  9. Tom Gillam

    Tom Gillam Guest

    Especially for the rose tinted oversized Euro blinkered savant
    Apologies I missed Ireland

    E6617683-D762-4DF0-8AF7-19C76B886E98.png

    83A503A9-1A11-4E66-A8D0-7C5B7BDDB043.png
     
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  10. Hubaxe

    Hubaxe Good moaning! aka Mr Wordsalad :)

    Mar 25, 2020
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    Well on that, despite the laughable source ( @dilligaf Marmite please), it's a confirmed information.
    There was also later a PIGGS derogatory name used (second G for Great Britain).
     
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  11. Tom Gillam

    Tom Gillam Guest

    Can you verify that please?source?
     
  12. TillyB

    TillyB Active Member

    Dec 24, 2019
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  13. Hubaxe

    Hubaxe Good moaning! aka Mr Wordsalad :)

    Mar 25, 2020
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    Marmite can be found in various stores I guess.
     
  14. TillyB

    TillyB Active Member

    Dec 24, 2019
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    BTW Keep up the insults, they are very amusing. Should we call you the Gammon of Glastonbury?
     
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  15. Hubaxe

    Hubaxe Good moaning! aka Mr Wordsalad :)

    Mar 25, 2020
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    Once again, lot's of talking around Astra Zeneca, but this vaccine from what I can read and ear about (eg Axel Kahn interview this am); is not the best technology anyway.
    RNA vaccines will be more easily adaptable to next variants, and faster to produce.
    The global vaccination process has certainly better chances to achieve with RNA.
    This EU vs UK snowball fight is really futile in a bigger picture context.
     
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  16. Tom Gillam

    Tom Gillam Guest

    Call me what you like and if you call that an insult,then you must take offence very easily/readily.
    Thee cassn’t ejucate pork TillyB
     
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  17. Tom Gillam

    Tom Gillam Guest

    I can’t see this ending well for the Eu.Even the German media aren’t impressed with either their lack of action or behaviour.
     
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  18. Hubaxe

    Hubaxe Good moaning! aka Mr Wordsalad :)

    Mar 25, 2020
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    My comment was not about EU or non EU and from a personal purpose I don't really care about that. No one has enough vaccine, everywhere.
    The Covid is now worldwide. Variants appear here and there, and spread quickly. For example in France the "english" variant is already 10% of the contamination, almost 50% in Paris area.
    All conversations are about a vaccine with a technology that will probably not be able to face the next years.
    The better solution seems to be the RNA way. That's all I was saying.
     
  19. TillyB

    TillyB Active Member

    Dec 24, 2019
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    Sorry, don't speak old Glastonbury dialect!
     
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