but none of that really matters

because they only have to use best endeavours - and that means what it says - it's not an uncommon expression - the EU can't say that AZ didn't do that simply because it fulfilled its other prior obligations, which otherwise it would breach (any more than eg the EU could insist on AZ's directors breaching their duties to the company, or AZ acting in a way entirely contrary to its own interests - it's not an absolute obligation).

If both contracts said "best endeavours" than that would be different.

Posted By: paulg, Jan 29, 16:10:22