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
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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.