07. Predatory Business Practices

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7 Predatory Business Practices
7.1. [CONTRACT] Government or Private Contracts.
7.1.1. No government, corporation, or healthcare entity shall engage in any contract which requires exclusive use of a manufacturers’ products or a specific product.
7.1.2. Any contract made between government, healthcare providers and treatment/product manufacturers during a pandemic or large scale public health event shall be provided to the FDA for permanent archiving. Any contract retained by the FDA shall be fully disclosed to the general public via FDA website no later than the first day the contract is to take effect. No privilege of redaction shall be given.


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Pfizer engaging in predatory business practices through contracts

under section 5.5 “Purchaser Agreements” [our emphasis]:

Purchaser acknowledges that the Vaccine and materials related to the Vaccine, and their components and constituent materials are being rapidly developed due to the emergency circumstances of the COVID-19 pandemic and will continue to be studied after provision of the Vaccine to Purchaser under this Agreement. Purchaser further acknowledges that 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. Further, to the extent applicable, Purchaser acknowledges that the Product shall not be serialized.

section 8.1 “Indemnification by the Purchaser” [again, our emphasis]

Purchaser hereby agrees to indemnify, defend and hold harmless Pfizer, BioNTech, each of their Affiliates, contractors, sub-contractors, licensors, licensees, sub-licensees, distributors, contract manufacturers, services providers, clinical trial researchers, third parties to whom Pfizer or BioNTech or any of their respective Affiliates may directly or indirectly owe an indemnity based on the research, development, manufacture, distribution, commercialization or use of the Vaccine, and each of the officers, directors, employees and other agents and representatives, and the respective predecessors, successors and assigns of any of the foregoing (“Indemnitees”), from and against any and all suits, claims, actions, demands, losses, damages, liabilities, settlements, penalties, fines, costs and expenses (including, without limitation, reasonable attorneys’ fees and other expenses of an investigation or litigation), whether sounding in contract, tort, intellectual property, or any other theory, and whether legal, statutory, equitable or otherwise (collectively, “Losses”) arising out of, relating to, or resulting from the Vaccine, including but not limited to any stage of design, development, investigation, formulation, testing, clinical testing, manufacture, labeling, packaging, transport, storage, distribution, marketing, promotion, sale, purchase, licensing, donation, dispensing, prescribing, administration, provision, or use of the Vaccine.