Common use of Limitation of Liability. Pursuant to the Public Readiness and Emergency Clause in Contracts

Limitation of Liability. Pursuant to the Public Readiness and Emergency. Preparedness Act (PREP Act), except for Contractor’s willful misconduct, Contractor shall have no liability with respect to claims for loss caused, arising out of, relating to, or resulting from the performance of the Services or administration to or use by an individual of a countermeasure to diseases, threats and conditions determined by the Secretary of the Department of Health and Human Services’ (Secretary) PREP Act declaration to constitute a present or credible risk of a future public health emergency. Except for Contractor’s willful misconduct, Contractor shall have no liability for claims related to any stage of design, development, testing, manufacture, labeling, distribution, formulation, labeling, packaging, marketing, promotion, sale, purchase, donation, dispensing, prescribing, administration, licensing or use of Covered Countermeasure(s) as defined in the Secretary’s COVID- 19 declaration effective February. 4, 2020, xxxxx://xxx.xxx.xxx/Preparedness/legal/prepact/Pages/default.aspx.

Limitation of Liability. Pursuant to the Public Readiness and Emergency. Preparedness Act (PREP Act), except for Contractor’s willful misconduct, Contractor shall have no liability with respect to claims for loss caused, arising out of, relating to, or resulting from the performance of the Services or administration to or use by an individual of a countermeasure to diseases, threats and conditions determined by the Secretary of the Department of Health and Human Services’ (Secretary) PREP Act declaration to constitute a present or credible risk of a future public health emergency. Except for Contractor’s willful misconduct, Contractor shall have no liability for claims related to any stage of design, development, testing, manufacture, labeling, distribution, formulation, labeling, packaging, marketing, promotion, sale, purchase, donation, dispensing, prescribing, administration, licensing or use of Covered Countermeasure(s) as defined in the Secretary’s COVID- 19 COVID-19 declaration effective February. 4, 2020, xxxxx://xxx.xxx.xxx/Preparedness/legal/prepact/Pages/default.aspx.