Provision Language
Definitions
Commissioning Bodies: shall mean the government funded organisation(s) with responsibility for commissioning healthcare in the Host Country (e.g. The Secretary of State for Health, National Institute for Health and Care Excellence, Joint Committee on Vaccination and Immunisation, Medicines and Healthcare Products Regulatory Agency, Public Health England, and any other UK government funded organisation with responsibility for commissioning healthcare in the UK).
Host Country: country where the Institution is based and funded wholly or in part by the taxpayer [e.g. UK]
6. Consideration
6.1 The Institution acknowledges and agrees that in the event that the Work demonstrates favourable results for the Material for use in prevention and/or treatment of infections by Pathogens of Interest, then further development work may need to be carried out before the Material could be used as a Product.
6.2 The Developer acknowledges and agrees that due to the current global crisis, the Institution is prioritising and accelerating the Work over the Institution’s other core duties and/or commercial activities. The Developer also acknowledges and agrees that the Institution is contributing to the potential development of the Developer’s Materials as Product, in the form of intellectual contribution through this Work and generation of Results as well as bearing any difference between the full economic costs and the payment made by the Developer in accordance with Schedule 1. As such, in consideration of the Institution carrying out the Work and exemplifying potential Products and in the event that the Developer develops a Product, the Developer shall:
(a) negotiate in good faith a discounted rate for the purchase of any Product for the benefit of the public in the Host Country (Discounted Rate) by any of the Commissioning Bodies; and
(b) when requested to do so by the Commissioning Bodies, supply the Product at the Discounted Rate to the Commissioning Bodies to enable such Commissioning Bodies to fulfil their emergency preparedness duties and responsibilities, provided that such supply does not affect the ability of the Developer to meet the demand for the Product in any overseas jurisdiction in which the United Nations or any of its specialized agencies (e.g. World Health Organization) has declared a relevant global crisis (e.g. Public Health Emergency of International Concern) at the time in question.
6.3 The provisions of this clause 6 shall survive termination of this agreement, however arising.
9. REPORTS AND PUBLICATIONS
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9.6 For the avoidance of doubt, the parties agree that due to the seriousness of the current global crisis, it is important for the global scientific community to have access to information that indicates whether a given compound may be effective against the Pathogens of Interest. Accordingly the parties commit (in the case of the Institution, to the extent that it is free to do so) to either (i) publishing the Results even if the Material is inactive or poorly active in the relevant tests or animal models used in the Work, or (ii) allowing the Results to be available in databases set up by any of Global Stakeholders.