There is no "imediment" to the use of best endeavours ...
and therefore nothing that impedes the "complete fulfilment of AZ's obligations" - it's just that "best endeavours" doesn't get doses to the EU ....
the 2 contracts are consistent
Posted By: paulg on January 29th 2021 at 14:11:48
Message Thread
- PM OG - AZ contract (Coronavirus) - CWC, Jan 29, 12:37:46
- Um. Isn't this contract with the Swedish entity, not the UK entity? (Coronavirus) - Old Man, Jan 29, 14:08:28
- Thats in interesting point in the context of the warranties if the Uk contract is with (Coronavirus) - Jim, Jan 29, 14:12:43
- 5.4 says manufactured in the EU including the UK - but not by whom (Coronavirus) - Old Man, Jan 29, 14:19:10
- Yes. My point (which your observation is relevant to) was that at 13(e) (Coronavirus) - Jim, Jan 29, 14:34:03
- 5.4 says manufactured in the EU including the UK - but not by whom (Coronavirus) - Old Man, Jan 29, 14:19:10
- Thats in interesting point in the context of the warranties if the Uk contract is with (Coronavirus) - Jim, Jan 29, 14:12:43
- UK says that they negotiated removal of best endeavours clause (Coronavirus) - paulg, Jan 29, 13:43:09
- I'm being thick - all I can find there is a press release. Where is it?! (Coronavirus) - Old Git, Jan 29, 13:10:04
- Here (Coronavirus) - Jim, Jan 29, 13:13:01
- it's a concern (n/m) (Coronavirus) - Ken Dodds Dads Dog, Jan 29, 13:30:37
- 🤣🤣👏 (n/m) (Coronavirus) - protheroe fitzgibbon, Jan 29, 13:32:41
- it's a concern (n/m) (Coronavirus) - Ken Dodds Dads Dog, Jan 29, 13:30:37
- under "Related Documents" PDF link (n/m) (Coronavirus) - CWC, Jan 29, 13:11:14
- Here (Coronavirus) - Jim, Jan 29, 13:13:01
- As a non legal person does this mean AZ are liable to supply UK jabs to the EU? (n/m) (Coronavirus) - JoeyDeacon, Jan 29, 12:43:42
- An English QC thinks not; and you can see past some of the redactions (Coronavirus) - Old Man, Jan 29, 17:02:12
- And another view (Coronavirus) - Old Man, Jan 29, 17:08:18
- ...in fact you can unredact the whole document using the trick I posted two posts up (Coronavirus) - Old Man, Jan 29, 17:11:38
- And another view (Coronavirus) - Old Man, Jan 29, 17:08:18
- under English law, nope. Under Belgian law, before a Belgian court..? (Coronavirus) - CWC, Jan 29, 13:08:19
- As you say, Belgian law and court (Coronavirus) - Old Git, Jan 29, 15:51:59
- yup. 'best; is a bit of a misnomer. Reads like reasonable efforts to me. (n/m) (Coronavirus) - CWC, Jan 29, 16:17:54
- "best reasonable" is a weird hybrid! (Coronavirus) - Old Git, Jan 29, 16:27:11
- amuses me that their other APA has it as reasonable best endeavours (Coronavirus) - CWC, Jan 29, 16:31:28
- must be less than "best" whatever else it means (Coronavirus) - paulg, Jan 29, 16:28:40
- "best reasonable" is a weird hybrid! (Coronavirus) - Old Git, Jan 29, 16:27:11
- EU doesn;t include UK for that clause as well although 5.4 turns it into a right old (Coronavirus) - Jim, Jan 29, 15:59:30
- but none of that really matters (Coronavirus) - paulg, Jan 29, 16:10:22
- "best endeavours" can actually make you act against your own interests in English law (Coronavirus) - Old Git, Jan 29, 16:36:18
- *scribbles furious notes* (Coronavirus) - CWC, Jan 29, 16:46:59
- true, but .... (Coronavirus) - paulg, Jan 29, 16:43:51
- Yes, I agree (Coronavirus) - Old Git, Jan 29, 16:57:10
- s'times 3 possibilities or a spectrum mentioned (re "all reasonable end's") (Coronavirus) - paulg, Jan 29, 17:14:27
- Yes, I agree (Coronavirus) - Old Git, Jan 29, 16:57:10
- Best endeavours is very different and very onerous under UK law (Coronavirus) - Jim, Jan 29, 16:13:00
- onerous yes, but not absolute or entailing an obligation to break other duties (n/m) (Coronavirus) - paulg, Jan 29, 16:27:44
- "best endeavours" can actually make you act against your own interests in English law (Coronavirus) - Old Git, Jan 29, 16:36:18
- but none of that really matters (Coronavirus) - paulg, Jan 29, 16:10:22
- yup. 'best; is a bit of a misnomer. Reads like reasonable efforts to me. (n/m) (Coronavirus) - CWC, Jan 29, 16:17:54
- There is no "imediment" to the use of best endeavours ... (Coronavirus) - paulg, Jan 29, 14:11:48
- it's actually a really good training exercise for junior lawyers (Coronavirus) - CWC, Jan 29, 15:19:59
- but even then, I think the EU are some way off (Coronavirus) - paulg, Jan 29, 15:46:36
- I don't even get the whinge from them about exports (Coronavirus) - CWC, Jan 29, 16:16:31
- There are a load of other uncertainties (Coronavirus) - Jim, Jan 29, 15:58:11
- but even then, I think the EU are some way off (Coronavirus) - paulg, Jan 29, 15:46:36
- or "pedi" even (n/m) (Coronavirus) - paulg, Jan 29, 14:12:42
- it's actually a really good training exercise for junior lawyers (Coronavirus) - CWC, Jan 29, 15:19:59
- Arbitration I'd have thought (Coronavirus) - Cardiff Canary, Jan 29, 13:16:23
- 18.5(b). But you're right, it won't get that far. (n/m) (Coronavirus) - CWC, Jan 29, 13:17:58
- Like you say the Belgian jurisdiction complicates things but (Coronavirus) - Jim, Jan 29, 13:15:27
- As you say, Belgian law and court (Coronavirus) - Old Git, Jan 29, 15:51:59
- Its not clear cut. (Coronavirus) - Jim, Jan 29, 13:01:35
- An English QC thinks not; and you can see past some of the redactions (Coronavirus) - Old Man, Jan 29, 17:02:12
- Um. Isn't this contract with the Swedish entity, not the UK entity? (Coronavirus) - Old Man, Jan 29, 14:08:28
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