Provision Language
Definitions
“Eligible Purchasers” means any and all purchasers within the Public Health Sector and Private Health Sector.
“Private Health Sector” means any non-governmental institute in the health sector which operates on a for-profit basis, and which may have access to preferential access conditions to a Product such as set out under Global Access, and as determined on a case-by-case basis by FIND.
“Public Health Sector” means (i) any government in the Territory, including any government ministry of health, department or agency, or any local or regional governmental body, authority or entity, and (ii) any officially recognized, not-for-profit organization including private not-forprofit organizations, or funds, that pursue activities to relieve suffering, promote the interests of the poor, provide basic social services, or undertake community development, including, but not limited to, the World Health Organization (and other UN organizations), ICRC UNICEF, Save the Children Fund, Médecins Sans Frontières, Unitaid, PEPFAR, the Global Fund, FIND or its authorized designee, and other funding organizations.
“Territory” means all of the countries classified under the LMIC definition, plus Antigua and Barbuda, the Bahamas, Barbados, Palau, Seychelles, St. Kitts and Nevis, and Trinidad and Tobago;
4. GLOBAL ACCESS AND GENERAL PRODUCT SUPPLY CONDITIONS
4.1 General. Each Party recognizes the requirements of Global Access and shall ensure that any Product arising from the Agreement will, subject to the terms and conditions of this Agreement and the Party’s freedom to operate, be made available broadly in accordance with Global Access, including but not limited to:
a) providing access to the Product at an Affordable Price, as defined below, including required local registrations in the Territory, and local maintenance, service, and support;
[…]
4.3 Priority Countries. In general the Parties agree that the Eligible Purchasers should be the main focus for Product supply and have the right to the Global Access terms set out under this Section [●]. In addition, the following countries shall be considered as the “Priority Countries” [●]
Notwithstanding the above, XYZ shall make its commercial best efforts to ensure sufficient supply of products to the Territory which are not Priority Countries.