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PFIZERLEAK: EXPOSING THE PFIZER MANUFACTURING AND SUPPLY AGREEMENT.

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.

#PfizerLeak
#Pfizer

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.

#PfizerLeak
#Pfizer 

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.
#PfizerLeak
#Pfizer

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”.#PfizerLeak
#Pfize

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.

#PfizerLeak
#Pfizer

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.”

#PfizerLeak
#Pfizer

“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.”

#PfizerLeak
#Pfizer

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.”#PfizerLeak
#Pfizer

Once again: “Under no circumstances will Pfizer be subject to or liable for any late delivery penalties.”

#PfizerLeak
#Pfizer

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.”

#PfizerLeak
#Pfizer

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.”

#PfizerLeak
#Pfizer

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.”#PfizerLeak
#Pfizer

This agreement is above any local law of the state.

#PfizerLeak
#Pfizer

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.”

#PfizerLeak
#Pfizer

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.#PfizerLeak
#Pfizer

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.

#PfizerLeak
#Pfizer

“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…”

#PfizerLeak
#Pfizer

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)”#PfizerLeak
#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.”

#PfizerLeak
#Pfizer

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”
#PfizerLeak
#Pfizer
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.”#PfizerLeak
#Pfize
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”#PfizerLeak
#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.#PfizerLeak
#Pfizer
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.#PfizerLeak
#Pfizer
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”#PfizerLeak
#Pfizer
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”#PfizerLeak
#Pfizer
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”#PfizerLeak
#Pfizer

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.

#PfizerLeak
#Pfizer

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.”#PfizerLeak
#Pfizer

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 … Albania!

#Albania
#PfizerLeak
#Pfizer 

I first stumbled upon a document, called KONTRATEN-E-PLOTE which translate to “Read the full contract”.
gogo.al/wp-content/upl…#Albania
#PfizerLeak
#Pfizer 
This contract is actually worse than it seems.
Current Good Manufacturing Practice (CGMP) is regulated by the FDA.
cGMP will tell you NOTHING about mRNA, because we never had cGMP of mRNA vaccine, so you cannot prove cGMP malpractice.
#PfizerLeak
#Pfizer

Addendum:
Former president of Pfizer in Brazil and CEO for Latin America testified to the Brazilian committee that PFIZER DEMANDED THE SAME CONDITION FOR THE PURCHASE OF VACCINES … FROM ALL COUNTRIES.#PfizerLeak
#Pfizer
To those think it is a fake:
My university law professor said laws are like computer code. They use legal functions, and variables, and processes. I worked in #BigPharma, I reviewed many contracts in my career, and this document seems to me as real as can be.#PfizerLeak
#Pfizer 
I’ve written this on the 13th of July:
Israel has turned into a pharmaceutical #BananaRepublic, where the priorities of a multinational supersedes the priorities of its citizens. It is no longer the Jewish motherland, it is #Pfizerland.
#PfizerLeak
#Pfizer

All,
I decided to create a Telegram channel in case twitter will decide to delete my profile.Feel free to join!I’ve uploaded the contract in a non-watermarked edition, so if you want it, you are welcome to join the channel and download it.Thank you!

 

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