Clause 3.1A.1 second dot point is relevant here as Big Pelican and Il Duce point out. We know BP have had input to trial design and been consulted for some time. This could be considered commencement of negotiations. If negotiations commenced prior to or during a trial of which the trial outcomes are material to the negotiation - then clause 3.1A.1 is probably what BIT is relying on.
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