Common use of Mutual Termination Rights Clause in Contracts

Mutual Termination Rights. a) In the event: (a) Pfizer has supplied to Purchaser no doses of Product by January 2022, subject to the extensions set forth in Section 2.4 (Delivery Schedule), or (b) Pfizer is unable to supply a l of the Contracted Doses by December 31, 2022, then either Party may terminate this Agreement upon written notice to the other Party. Purchaser may invoice Pfizer for a refund of one hundred percent (100%) of the Advance Payment for the Contracted Doses not delivered (as determined ratably for the doses not delivered) except for cases where the cause of the termination is mainly or solely attributable to Purchaser. In the event this Agreement is terminated pursuant to this Section 6.3(a), the return of one hundred percent (100%) of the Advance Payment sha l be Purchaser’s sole and exclusive remedy for the failure to deliver any Contracted Doses.

Mutual Termination Rights. a) In the event: (a) Pfizer has supplied to Purchaser no doses of Product by January 2022, subject to the extensions set forth in Section 2.4 (Delivery Schedule), or (b) Pfizer is unable to supply a l of the Contracted Doses by December 31, 2022, then either Party may terminate this Agreement upon written notice to the other Party. Purchaser may invoice Pfizer for a refund of one hundred percent (100%) of the Advance Payment for the Contracted Doses not delivered (as determined ratably ra tably for the doses not delivered) except for cases where the cause of the termination is mainly or solely attributable to Purchaser. In the event this Agreement is terminated pursuant to this Section 6.3(a), the return of one hundred percent (100%) of the Advance Payment sha l be PurchaserPurcha ser’s sole and exclusive remedy for the failure to deliver any Contracted Doses.

Mutual Termination Rights. a) In the event: (a) Pfizer has supplied to Purchaser no doses of Product by January 2022, subject to the extensions set forth in Section 2.4 (Delivery Schedule), or (b) Pfizer is unable to supply a l al of the Contracted Doses by December 31, 2022, then either Party may terminate this Agreement upon written notice to the other Party. Purchaser may invoice Pfizer for a refund of one hundred percent (100%) of the Advance Payment for the Contracted Doses not delivered (as determined ratably for the doses not delivered) except for cases where the cause of the termination is mainly or solely attributable to Purchaser. In the event this Agreement is terminated pursuant to this Section 6.3(a), the return of one hundred percent (100%) of the Advance Payment sha l shal be Purchaser’s sole and exclusive remedy for the failure to deliver any Contracted Doses.

Mutual Termination Rights. aa ) In the event: (a) Pfizer has supplied to Purchaser no doses of Product by January 2022, subject to the extensions set forth in Section 2.4 (Delivery Schedule), or (b) Pfizer is unable to supply a l all of the Contracted Doses by December 31, 2022, then either Party may terminate this Agreement upon written notice to the other Party. Purchaser may invoice Pfizer for a refund of one hundred percent (100%) of the Advance Payment for the Contracted Doses not delivered (as determined ratably for the doses not delivered) except for cases where the cause of the termination is mainly or solely attributable to Purchaser. In the event this Agreement is terminated pursuant to this Section 6.3(a), the return of one hundred percent (100%) of the Advance Payment sha l shall be Purchaser’s sole and exclusive remedy for the failure to deliver any Contracted Doses.