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Fiocruz – AstraZeneca, COVID-19 Technological Order Agreement
- 9. Consideration, Payment Method and Technological Risk
- 9.1 The type of compensation adopted is a fixed price, pursuant to art. 29 §1, item I, and §§ 3 and 4, of decree No. 9,283, dated 2018.
- 9.11 […] Contractor may, at its discretion and without being subject to any liability, penalties or indemnity to Contracting Parties, redirect the IFA [API] produced if it does not receive the total payment in the terms agreed to in clause 9.4 above [clause redacted], except when the delay occurs for a period shorter than the provision in item I of clause 19.7 [clause redacted] and is duly justified in advance by the Contracting Parties. In this case, the Contracting Parties immediately recognize and agree that the IFA delivery schedule will be changed according to the new availability of production and delivery of the IFA by Contractor.
- 10. IFA Production and Delivery Conditions
- 10.7 It is hereby agreed that Contractor shall not have any right to request additional payment or any other form of offset in case the IFA batches delivered contain quantity or concentration of IFA higher than those confirmed in the Production Order or the IFA specification (“Positive Deviations”). Any productive gains arising out of the Positive Deviations or Contracting Parties productive efficiency shall be exclusively allocated to Contracting Parties