Examples of BARDA Contract in a sentence
Under the BARDA Contract, BARDA has the right to approve any subcontract entered into by Customer for goods or services to be supplied for the BARDA Contract, including this Agreement.
KKC has no obligation for any research, Development, Manufacturing and/or Commercialization of Licensed Product under the BARDA Contract.
Since December 31, 2021, and through the date hereof, (i) there has not been any event, occurrence or development which has had or would reasonably be expected to have a Specified Product Material Adverse Effect, and (ii) except with respect to the transactions contemplated by this Agreement and the Ancillary Agreements and discussions with BARDA regarding the BARDA Contract, Seller has caused the Operation to be conducted in the ordinary course of business consistent with past practices.
Purchaser shall not have any communications or correspondence (whether written or oral) with BARDA, regarding the BARDA Contract without Seller’s prior written consent.
Seller and BARDA shall have entered into the BARDA Contract and Seller shall have provided a copy thereof to Purchaser.
Customer shall supply a copy of this Agreement to BARDA and endeavor to obtain BARDA’s approval of this Agreement as a subcontract to the BARDA Contract.
Seller shall control all communications, discussions and negotiations with BARDA regarding the BARDA Contract and keep Purchaser reasonably informed as to the status of such communications, discussions and negotiations.
To the extent the Specified Inventory as of the date of this Agreement set forth on Part 2.12 of the Disclosure Schedule is not sufficient to deliver the number of Treatment Courses required to be delivered to BARDA during the base period of the BARDA Contract (such shortfall, the “Treatment Course Shortfall”), Seller shall be able to produce or cause the production of a number of Treatment Courses equal to the Treatment Course Shortfall by [***].
Government Contracts BARDA Contract for Eravacycline In January 2012, the Biomedical Advanced Research and Development Authority (“BARDA”), an agency of the U.S. Department of Health and Human Services (the “HHS”), awarded a five-year contract, which was subsequently extended, that provided for up to a total of $67.3 million in funding for the development, manufacturing and clinical evaluation of eravacycline for the treatment of disease caused by bacterial biothreat pathogens (the “BARDA Contract”).
Subject to earlier termination as provided herein, the term of this Agreement (“Term”) shall commence on the Effective Date and continue for an initial term that is the longer of the period ending on (i) the third anniversary of the Effective Date or (ii) the date Customer has fulfilled its delivery obligations under the BARDA Contract for the Base Contract Amount, if the BARDA Contract is awarded to the Customer prior to the third anniversary of the Effective Date.