Bilateral. A bilateral modification (supplemental agreement) is a contract modification that is signed by the con- tractor and the contracting officer. Bi- lateral modifications are used to—
(1) Make negotiated equitable adjust- ments resulting from the issuance of a change order;
(2) Definitize letter contracts; and
(3) Reflect other agreements of the parties modifying the terms of con- tracts.
Bilateral. A bilateral amendment is a change that is signed by the Recipient and the AO. Bilateral amendments are used to reflect other agreements of the parties amending the terms of the Agreement.
Bilateral. A recent trend in bilateral and regional free trade agreements has been to xx- xxxxx non-violation complaints applicable to the respective provisions on IPRs. In most cases, these non-violation clauses do not appear in the intellectual property chapter of the agreement, but in a separate dispute settlement chapter.156
Bilateral. The protection of geographical indications has increasingly become the subject matter of bilateral trade and investment agreements. Particularly by creating an agreed register of protected indications, countries avoid subsequent disputes as to particular terms. It is not so clear the extent to which such bilateral agree- ments serve the interests of consumers since they are likely to reflect the influence of producers in the negotiating process. Moreover, to the extent that such bilat- eral agreements establish protection for producers from one country, they may effectively foreclose producers from another country to challenge the decision to confer protection. In this way, bilateral protection agreements may undermine the MFN principle by conferring more extensive protections to some Members over others.420 There are a large number of bilateral and mini-lateral agreements that incor- porate protection of geographical indications, either in a general provision or through the acceptance of an agreed-upon register. It is in particular the EC that has been very active in this respect. Recently, the EC has concluded several bi- lateral agreements referring to the protection of GIs, in particular with Australia, Chile, Mexico and South Africa. A more detailed discussion of these agreements would, however, go beyond the scope of this book.
Bilateral. A bil a t e ra x x odific a t io n ( s u pple m e n t a l a g r ee m e n t ) is a co n t ra c t m odific a t io n t ha t is sig n ed b y t h e co n- t ra c t o r an d t h e co n t ra c t i n g office r . Bi- l a t e ra x x odific a t io n s ar e u sed t o—
(1) M a k e n ego t i a t ed eq u i t a ble a dj u s t - m e n t s r es u l t i n g f r o m t h e iss uan ce of x x xxx ge o r de r ;
(2) Defi n i t ize le tt e r co n t ra c t s; an d
(3) R eflec t o t h e r a g r ee m e n t s of t h e p ar t ies m odify i n g t h e t e r m s of co n- t ra c t s.
Bilateral. Paragraph 5(d) of the Doha Declaration on the TRIPS Agreement and Public Health confirmed the right of WTO Members to adopt their own policies and rules on the subject of exhaustion of rights. However, since the adoption of the Declaration several countries have entered into bilateral “free trade” agreements that obligate them to prevent parallel importation of patented products, at least when the patent holder has included a territorial limitation on the distribution of the product by contract or “other means”.267 As discussed in Chapter 2, TRIPS establishes minimum standards of IPR protection, but leaves Members discretion 264 Silhouette International Xxxxxxx Gesellschaft mbH & Co. KG x. Xxxxxxxxx Handelsgesellschaft mbH, Case C-355/96, [1998] E.C.R. I-4799, [1998] 2 C.M.L.R. 953. Advocate General Xxxxxxx Xxxxxx recommended to the ECJ that it decide the First Trade Marks Directive required EEA member states to exclusively follow a rule of intra-Union exhaustion. The opinion of the Advocate General was critically analyzed in Xxxxxxxxx X. Xxxxxx and X.X. Xxxx Xxxxxxx, The Silhouette of a Trojan Horse: Reflections on the Advocate General Xxxxxx’ Opinion in Silhouette x. Xxxxxxxxx, Bijblad bij De Industrie¨ le Eigendom 111, Apr. 16, 1998 and X. X. Xxxxxxx, Trade Marks: Portcullis for the EEA?, 20 EIPR 172, May 1998.
Bilateral. Each party shall have the right to terminate this Agreement by delivery of thirty (30) days written notice thereof to the other party in the event of the occurrence of any one or more of the following events:
(i) A Venture Agreement has not been entered into between the parties within thirty-six (36) months after the date hereof; or
(ii) The Five Year Plan, the form of Venture Agreement, the form of Sales and Marketing Agreement, the form of Franchise Agreement, the form of PHI Management Agreement, the form of Non- Venture Franchise Agreement and the form of Non-Venture Management Agreement have not been approved by the parties on or before January 31, 1997 (the "Approval Date"), and the actual Non-Venture Franchise Agreement and Non-Venture Management Agreement for the Vacation Resort in Myrtle Beach (if acquired by Vistana) and the actual Non-Venture Franchise Agreement for the Vacation Resort in Kissimmee have not been executed and delivered by the parties on or before the Approval Date. At the request of either party, the parties shall acknowledge in writing satisfaction of the conditions set forth in subparagraphs (i) and/or (ii) above provided such conditions have been satisfied.
Bilateral safeguards
1. After having examined alternative solutions, the EC or EAC Partner States may apply safeguard measures of limited duration, under the conditions and in accordance with the procedures laid down in this Article.
2. Safeguard measures referred to in paragraph 1 above may be taken where a product originating in one Party is being imported into the territory of the other Party in such increased quantities and under such conditions as to cause or threaten to cause:
(a) serious injury to the domestic industry producing like or directly competitive products in the territory of the importing Party, or;
(b) disturbances in a sector of the economy, particularly where these disturbances produce major social problems, or difficulties which could bring about serious deterioration in the economic situation of the importing Party, or;
(c) disturbances in the markets of agricultural like or directly competitive products2 or mechanisms regulating those markets.
3. Safeguard measures referred to in this Article shall not exceed what is necessary to remedy or prevent the serious injury or disturbances, as defined in paragraph 2 and 5(b). Those safeguard measures of the importing Party may only consist of one or more of the following:
(a) suspension of the further reduction of the rate of import duty for the product concerned, as provided for under this Agreement,
(b) increase in the customs duty on the product concerned up to a level which does not exceed the customs duty applied to other WTO Members, and
(c) introduction of tariff quotas on the product concerned.
4. Without prejudice to paragraphs 1, 2 and 3, where any product originating in one or more EAC State is being imported in such increased quantities and under such conditions as to cause or threaten to cause one of the situations referred to under paragraph 2 to one or several of the EC Party's outermost regions, the EC Party may take surveillance or safeguard measures limited to the region or regions concerned in accordance with the procedures laid down in paragraphs 6 to 9.
(a) Without prejudice to paragraphs 1, 2 and 3, where any product originating in the EC Party is being imported in such increased quantities and under such conditions as to cause or threaten to cause one of the situations referred to under paragraph 2 to a EAC Partner State, the EAC Partner State concerned may take surveillance or safeguard measures limited to its territory in accordance with the procedures laid down in paragraphs...
Bilateral. “For bilateral agreement, an offer may be revoked at any time before it is accepted” (Mobil) - A promise to hold an offer open for a specified period is not contractually binding. - Offer is able to be revoked but offeror will be liable for damages (Mobil) Offeror implies they won’t revoke the offer when performance begins on the conditions for acceptance.(Did not imply in mobil because language was not sufficiently clear/no commitment language.) Consider these factors per Mobil: - Offeror aware that offeree has commenced performance - Offeree understands incomplete performance is at their risk - If intended, offeror should be at liberty to revoke - Acts towards performance are detrimental to offeree
Bilateral. It will be more usual for the developer and the LPA to enter into early negotiations on an agreement which will be finalised before planning permission has been granted. Such agreements will be an obligation on both parties to implement and are therefore referred to as bilateral agreements.
