Common use of Exit Strategy Clause in Contracts

Exit Strategy. 9.1 If at the end of the 5 year MAA: (i) NICE does not recommend ataluren for NHS funding, NHS England funding for ataluren will cease to be available for all patients and treatment will cease (in which case cessation shall be managed between the MAH and NHS England to ensure it is effected in a controlled manner); (ii) NICE recommends ataluren for NHS funding, further funding from NHS England will not be automatic and will be conditional on the agreement of commercial terms in relation to such funding between NHS England and the MAH. 9.2 The cessation of funding under this MAA and the conditionality of further funding as specified in clause 9.1 above apply notwithstanding any desire which patients and their NHS clinicians may have for continued treatment with ataluren. NHS England and the MAH shall use their reasonable endeavours to ensure that any patient being treated with ataluren which is funded by NHS England under this MAA is made aware of these funding limitations and accepts them when they sign the Patient Agreement (Appendix 2).