PFIZERLEAK: EXPOSING THE PFIZER MANUFACTURING AND SUPPLY AGREEMENT. (thread) Background: Pfizer has been extremely aggressive in trying to protect the details of their international COVID19 vaccine agreements. Luckily, I've managed to get one.
Because the cost of developing contracts is very high and time consuming (legal review cycles), Pfizer, like all corporations, develop a standardized agreement template and use these agreements with relatively minor adjustments in different countries.
These agreements are confidential, but luckily one country did not protect the contract document well enough, so I managed to get a hold of a copy.
As you are about to see, there is a good reason why Pfizer was fighting to hide the details of these contracts.
First, let's talk about the product:
The agreement not only covers manufacturing of vaccines for COVID19 and its mutations, but also for "any device, technology, or product used in the administration of or to enhance the use or effect of, such vaccine".
If you were wondering why
#Ivermectin was suppressed, well, it is because the agreement that countries had with Pfizer does not allow them to escape their contract, which states that even if a drug will be found to treat COVID19 the contract cannot be voided.
Supplying the product:
"Pfizer shall have no liability for any failure to deliver doses in accordance with any estimated delivery dates... nor shall any such failure give Purchaser any right to cancel orders for any quantities of Product."
"Pfizer shall decide on necessary adjustments to the number of Contracted Doses and Delivery Schedule due to the Purchaser ... based on principles to be determined by Pfizer ... Purchaser shall be deemed to agree to any revision."
Just to make it clear:
"Purchaser hereby waives all rights and remedies that it may have at Law, in equity or otherwise, arising from or relating to:.. any failure by Pfizer to deliver the Contracted Doses in accordance with the Delivery Schedule."
Once again: "Under no circumstances will Pfizer be subject to or liable for any late delivery penalties."
You can't return the product, no matter what:
"Pfizer will not, in any circumstances, accept any returns of Product (or any dose)...no Product returns may take place under any circumstances."
Now for the BIG SECRET:
$12 per dosage for about 250K units.
Funny that this is the price for a small amount of dosages when Pfizer was charging the US $19.50 per dose.
US taxpayers got screwed by Pfizer, probably also Israel.
About payment, the country has no right "to withhold, offset, recoup or debit any amounts owed to Pfizer, whether under this Agreement or otherwise, against any other amount owed (or to become due and owing) to it by Pfizer or a Pfizer Affiliate."
Damaged goods:
THE ONLY WAY to get a recall is if you can prove cGMP fault.
"For clarity, Purchaser shall not be entitled to reject any Product based on service complaints unless a Product does not materially conform to Specifications or cGMP."
This agreement is above any local law of the state.
Long term effects and efficiency:
"Purchaser acknowledges...the long-term effects and efficacy of the Vaccine are not currently known and that there may be adverse effects of the Vaccine that are not currently known."
Termination for cause:
There are clauses about termination possibility, but in fact, as you saw so far, the buyer has almost nothing that can be considered a material breach, while Pfizer can easily do so if they don't get their money or if they deem so.
You must pay Pfizer for the dosages you ordered, no matter how much you consumed, regardless if Pfizer got it approved (it was a pre-EU approval) or if they delivered the Contracted Doses in accordance with any estimated delivery dates set forth herein.
"Purchaser hereby agrees to indemnify, DEFEND AND HOLD HARMLESS Pfizer, BioNTech (and) their Affiliates...from and against any and all suits, claims, actions, demands, losses, damages, liabilities, settlements, penalties, fines, costs and expenses..."
The state must defend Pfizer:
"(Pfizer) shall notify Purchaser of Losses for which it is seeking indemnification... Upon such notification, Purchaser shall promptly assume conduct and control of the defense of such Indemnified Claims on behalf of (Pfizer)"
However, "Pfizer shall have the right to assume control of such defense... and Purchaser shall pay all Losses, including, without limitation, the reasonable attorneys’ fees and other expenses incurred."
Pfizer is making sure the country will pay for everything:
"Costs and expenses, including... fees and disbursements of counsel, incurred by the Indemnitee(s) in connection with any Indemnified Claim shall be reimbursed on a quarterly basis by Purchaser"
Liability:
"this shall not include, nor constitute, product liability insurance to cover any third party/patients claims and such general liability insurance shall be without prejudice to Purchaser’s indemnification obligation as set out in this Agreement."
There is no limit to the liability of the country in case of:
"the indemnity given by it under Section 8 (Indemnification)" or if the Purchaser failed to pay Pfizer"
The Purchaser waives any right for immunity, it give up any law that might cap the obligation to pay damages to Pfizer.
Comment: The court is in NY has the capacity to hold international assets of a country if the country failed the contract.
Condition to supply:
Purchaser must provide Pfizer protection from liability for claims and all Losses, must implement it via statutory or regulatory requirements, and the sufficiency of such efforts shall be in Pfizer’s sole discretion.
Confidentiality, part 1:
"Each Recipient shall safeguard the confidential and proprietary nature of the Disclosing Party’s Confidential Information with at least the same degree of care as it holds its own confidential or proprietary information of like kind"
Confidentiality, part 2:
"Recipient shall disclose Confidential Information only to such of its Representatives who have a need to know such Confidential Information to fulfill its obligations under this Agreement"
Confidentiality, part 3:
The contract must be kept confidential for 10 years.
Why 30yrs in Israel?
"The provisions of this Section 10 (Confidential Information) shall survive the termination or expiration of the this Agreement for a period of ten (10) years"
Arbitration & governing laws:
Arbitration must be done in New York, in according to Rules of Arbitration of the International Chamber of Commerce, govern by the laws of the State of New York, USA.
If specific ministry was assigned to safeguard the contract they must continue to so:
"...attempted assignment of rights or delegation or subcontracting of duties without the required prior written consent of the other Parties shall be void and ineffective."
FINALLY, after I finished to go over the contract summarizing all the elements in it that are important, it is time to reveal the name of the country from which it was leaked.
And the winner is ...
