Well, that's been my question all weekend. How does AZ's agreement to supply the UK first fit with their warranty that they had no obligation that would stop them fulfilling the EU contract? Forget the "best reasonable efforts", unless both parties know the reasonable efforts are after you've fulfilled a conflicting deal with someone else.
I don't see that Warranty. Clause 5.1 (e) is the member states warranting to AZ that they aren't under any conflicting obligations, not AZ saying that. Pretty fundamental misunderstanding.
Clause 5.4 of the contract says what happens if there is a difficulty with supply. They can manufacture outside the EU / UK, or at another AZ site if they notify the EU first. And if it can't make the doses in the EU / UK then the EU can propose CMO partners for them to work with. Standard stuff.
Page 40 of the contract is an estimated delivery schedule. says "Final delivery subject to agreement of delivery schedule and regulatory approval" Again, perfectly reasonable.
The only reason that AZ got the Oxford vaccine is because they gave the UK guarantees. The original partner was going to be Merck (who have a long relationship with Oxford).
There were 2 issues with Merck as a partner,
1) Access for poorer countries to get the vaccine cheap - this was a worry for the academics at the uni
2) Guarantees over supply of the vaccine for the UK - because Merck were going to make it in the US and there were fears the orange one would stop exports (the EU did, so a fair call) A certain Mr Hancock, much maligned, refused to give permission for the Merck deal, so we ended up with AZ. And presumably Mr Hancock got the guarantees he wanted.
And "best reasonable efforts" is a standard contract term. Lawyers know what it means, it is different to "best efforts". It is the sort of thing that you spend ages arguing about, non-lawyers go "what are you on about, why does it matter", but it matters a lot. Taking supply ordered by the UK 3 months earlier and manufactured in UK plants isn't "reasonable".