Common use of FDA Action/Inaction Clause in Contracts

FDA Action/Inaction. The Contractor shall not be terminated for cause, in accordance with FAR 212-14 (m), if it is unable to deliver AVA doses in accordance with the delivery schedule set forth in Attachment 3 in Section J of the Contract due to action or inaction of the Food And Drug Administration, except to the extent that such action or inaction is a direct consequence of the Contractor’s negligence.

FDA Action/Inaction. The Contractor shall not be terminated for cause, in accordance with FAR 212-14 (m), if it is unable to deliver AVA doses in accordance with the delivery schedule set forth in Attachment 3 in Section J of the Contract due to action or inaction of the Food And and Drug Administration, except to the extent that such action or inaction is a direct consequence of the Contractor’s negligence.