CONTRACT VOLUME. I.7.1. Subject to the grant of an EU marketing authorisation, the contractor agrees to supply to the participating Member States a total of 225 million doses of the Product (the “Initial European Doses”) in accordance with the estimated delivery schedule set out in Article I.11 below (as adjusted pursuant to Article I.12, as the case may be). The contractor also agrees to supply to a participating Member State the relevant portion of the Initial European Doses in accordance with the estimated delivery schedule set out in Article I.11 below (as adjusted pursuant to Article I.12, as the case may be) if the participating Member State in question has granted a temporary national authorisation and if the contractor accepts the supply on the basis of such temporary national authorisation, it being understood that such acceptance may not be unreasonably withheld, provided, however, that the contractor may, inter alia, reject its acceptance if it sees a potential risk of undermining the public's confidence (in the relevant country or more broadly, in Europe given cross-border social media reach) in the safety and efficacy of potential vaccines without the approval of the Commission. I.7.2. The Commission may, on behalf and in the name of the participating Member States, place an additional order for up to 180 million doses of the Product by formal notification to the contractor within [*****] following the grant of the EU marketing authorisation for the Product (the “Additional European Doses”). I.7.3. The Initial European Doses and Additional European Doses correspond to the maximum number of doses of the Product that the contractor is able to allocate to this APA in accordance with the delivery schedule set out below in Article I.11. I.7.4. In addition to these contractually agreed volumes under this APA, the contractor agrees to discuss in good faith any participating Member State’s request to purchase additional quantities of the Product after satisfying its contractual commitments to other partners and customers. Until the date that the COVID-19 pandemic is considered to be over, the contractor agrees [*****]; for this purpose, the contractor and the participating Member State concerned will decide in good faith, taking into account expert advice, including the advice of the WHO, the date that the COVID-19 pandemic is considered to be over. For the avoidance of doubt, any such additional quantities requested are subject to a separate agreement between the participating Member State and the contractor outside the scope of this APA. For the avoidance of doubt, the contractor shall not be required to enter into any such separate agreement or be held liable under this APA for failure to enter into any such separate agreement.
Appears in 2 contracts
Sources: Advance Purchase Agreement (CureVac N.V.), Advance Purchase Agreement (CureVac N.V.)