Anti-Circumvention. For greater certainty, the Tribunal shall decline jurisdiction where the dispute had arisen, or was foreseeable on the basis of a high degree of probability, at the time when the claimant acquired ownership or control of the investment subject to the dispute and the Tribunal determines, on the basis of the facts of the case, that the claimant has acquired ownership or control of the investment for the main purpose of submitting the claim under this Section. The possibility to decline jurisdiction in such circumstances is without prejudice to other jurisdictional objections which could be entertained by the Tribunal.
Anti-Circumvention. 1. The details of cooperation on matters relating to textile and apparel goods are as stated in this Chapter. Each Party shall take necessary and appropriate measures, including administrative, judicial and enforcement action:
Anti-Circumvention. A. The GOM will take all necessary measures to prevent circumvention of the Agreement. These measures shall include requiring that all Mexican exporters of Sugar agree, as a condition of receiving any Export License under the Agreement, not to export directly or indirectly to the United States Sugar that is not accompanied by an Export License issued pursuant to the Agreement and that each such Mexican exporter provide the GOM with a certification that it has required all of its customers to agree, as part of the terms of sale, not to engage in any circumvention activities specified by this Agreement. Circumvention activities may include exporting Sugar from Mexico: (1) in excess of the Export Limit in any given Export Limit Period;
Anti-Circumvention. Each Party agrees that KPENV is not licensed to distribute a product or technology component that: (i) is made available to third parties through any community source program or similar public domain initiatives; or (ii) can provide DRM functionality to a plurality of third-party applications running in an operating system environment, provided that the restriction set forth in this paragraph (ii) shall not apply to the Consumer Media Field. For avoidance of doubt, a KPENV-branded turnkey dedicated medical system that supports multiple networked medical devices with DRM functionality is not covered by the restriction set forth in Section 2(c)(ii).
Anti-Circumvention. Each Party agrees that Sony is not licensed to distribute a product or technology component that: (i) is made available to third parties through any community source program or similar public domain initiatives; or (ii) can provide DRM functionality to a plurality of third-party applications running in an operating system environment, provided that the restriction set forth in this paragraph (ii) shall not apply to the Consumer Media Field. For avoidance of doubt, a Sony-branded turnkey dedicated medical system that supports multiple networked medical devices with DRM functionality is not covered by the restriction set forth in Section 2(c)(ii).
Anti-Circumvention. No Shareholder shall employ any device or technique or participate in any transaction designed to circumvent the operation of this Clause 23 and Clause 26 and the Shareholders shall, so far as they are legally able, exercise their rights in relation to their Associated Companies to procure that all of their Associated Companies comply with this Clause 23 and Clause 26.
Anti-Circumvention. 1. The details of cooperation on matters relating to textile and apparel goods are as stated in this Chapter. Each Party shall take necessary and appropriate measures, including administrative, judicial and enforcement action:
(a) to aggressively enforce its laws relating to circumvention;
(b) to actively cooperate with the other Party in the enforcement of the other Party's laws relating to circumvention; and
(c) to prevent circumvention.
2. In furtherance of paragraph 1, each Party shall maintain or adopt laws that:
(a) authorize its officials to take action to deter circumvention and to carry out obligations under this Chapter relating to information sharing; and
(b) establish criminal penalties, and civil or administrative penalties, that effectively deter circumvention.
Anti-Circumvention. 1. Neither Party, including any public authority of a Party, shall take action to circumvent or offset the commitments under the SLA 2006, including any action having the effect of reducing or offsetting the Export Measures or undermining the commitments set forth in Article V.
Anti-Circumvention. 14 For greater certainty, the same loss or damage means loss or damage flowing from the same treatment which the person seeks to recover in the same capacity as the claimant (e.g. if the claimant sues as a shareholder, this provision would cover a related person also pursuing recovery as a shareholder). For greater certainty, the Tribunal shall decline jurisdiction where the dispute had arisen, or was foreseeable on the basis of a high degree of probability, at the time when the claimant acquired ownership or control of the investment subject to the dispute and the Tribunal determines, on the basis of the facts of the case, that the claimant has acquired ownership or control of the investment for the main purpose of submitting the claim under this Section. The possibility to decline jurisdiction in such circumstances is without prejudice to other jurisdictional objections which could be entertained by the Tribunal.
Anti-Circumvention. Coach acknowledges that Ureeka has taken considerable efforts to develop its relationships with Clients. During the period in which Coach is performing Client Services and for 12 months thereafter (the “Protection Phase”), Coach may not accept a request or offer from a Client directly or indirectly in circumvention of the Ureeka Services. If Coach violates the foregoing provision in this Section 10, Coach is obliged to pay Ureeka liquidated damages in the amount of $100,000. During the Protection Phase, Coach is obliged to inform Ureeka of all prospective and all concluded projects directly or indirectly attributable to Coach’s Account or assignment from Ureeka to the extent such projects are not already visible in Coach’s Account. This includes offers for permanent employment as an employee of a Client. In the event of a breach of this Section 10, Ureeka reserves the right to remove Coach from the Ureeka Services, without limiting Ureeka’s other available remedies. Permanent Employment. If Coach accepts a permanent position with Client during the Protection Phase, Coach must pay Ureeka liquidated damages in the amount Ureeka paid to Coach during the 12 months immediately preceding Coach’s acceptance of the position.
