RE: Find the £4.7b before the £2.5m1 Feb 2022 23:42
It’s a difficult document to read if you are not used to such terms and agreements. But translated to layman terms, The Agreement does not require ODX to pay back the money if it has been spent by the Supplier as at the End Date [1] which according to the RNS was on 1 October 2021 [2]. ODX have spent the money [3] and as per the Government request have responded in writing [3]. To receive such a request in the first place was the Gov being cheeky. If you combine the RNS with the agreement, it clarifies that ODX won't be paying back a penny.
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1. With the Government defined as the "Authority" and ODX as the "Supplier", read Section 13.5.7 relating to what happens "if the Contract ends or expires":
"The Preproduction Payment remaining payable by the Authority in accordance with Schedule 3 shall be paid by the Authority provided that they have been spent by the Supplier as at the End Date. Where the Preproduction Payment has been paid by the Authority but not spent by the Supplier as at the End Date, it shall be repaid by the Supplier to the Authority within 30 days of the End Date."
2. RNS (10/12/21):
"Omega has received confirmation from the DHSC that they acknowledge that the contract expired on 1 October 2021 and a request that Omega submit a proposal for the repayment of the pre-production payment of £2.5m (net of VAT). "
"The Board of Omega, having taken initial legal advice, do not believe that the Company is required to repay the pre-production payment and will respond in writing as requested. The Board will continue to take further legal advice on this matter and hopes to reach a resolution swiftly."
3. Explanatory comment from RNS (10/12/21)
"...we used these pre-production payments, along with our own funds, to upgrade our manufacturing facilities to be able to integrate the Government-furnished equipment and bringing on the additional staff required...".