Compartmentalisation. The Parties commit themselves to engaging in further discussions with a view to implementing the principle of compartmentalisation referred to in Annex XIV to this Agreement.
Compartmentalisation. 9.5.1 The Purchasers acknowledge and agree that the only Guarantees given in relation to:
(a) the title
(i) to the Purchase Objects are those set out in Sections 10.3.1(a) to 10.3.1(d), 10.2.1(m) and 10.2.2(j) and
(ii) to the Shares are those set out in Sections 10.2.1(a), 10.2.1(b),10.2.1(c), 10.2.2(a), 10.2.2(b) and 10.2.2(c), together with Sellers' obligation to transfer legal and beneficial ownership pursuant to Section 8.1 (the “Title Matters”).
(b) real estate, planning and zoning and leasehold matters or any related claims, liabilities or other matters (“Real Estate Matters”) are those set out in Section 10.3.1(e) to 10.3.1(l) of the Guarantees and no other Guarantee is given in relation to Real Estate Matters;
(c) environment or any related claims, liabilities or other matters (“Environment-Related Matters”) are those set out in Section 10.4 of the Guarantees and no other Guarantee is given in relation to Environment-Related Matters;
(d) corporate matters or any related claims, liabilities or other matters referring to the shares described in Schedules 3.7.2 and 3.11 (“Corporate Matters”) are those set out in Sections 10.2 of the Guarantees (except those Sections under Section 10.2 that qualify as Title Matters) and no other Guarantee is given in relation to Corporate Matters; (and in each case (a) to (d) together with the relevant additional guarantees given in the Individual Transfers, if any)
(e) tax or any related claims, liabilities or other matters (“Tax Matters”) are those set out in Section 11 of this Agreement in connection with the relevant Individual Transfers and no other Guarantee is given in relation to Tax Matters.
Compartmentalisation. 9.5.1 The Purchasers acknowledge and agree that the only Guarantees given in relation to:
(a) the title
(i) to the Purchase Objects are those set out in Sections 10.3.1
(a) to 10.3.1(d), 10.2.1(m) and 10.2.2(j) and
(ii) to the Shares are those set out in Sections 10.2.1(a), 10.2.1(b),10.2.1(c), 10.2.2(a), 10.2.2(b) and 10.2.2(c), together with Sellers' obligation to transfer legal and beneficial ownership pursuant to Section 8.1 (the “Title Matters”).
(b) real estate, planning and zoning and leasehold matters or any related claims, liabilities or other matters (“Real Estate Matters”) are those set out in Section 10.3.1
Compartmentalisation. General aspects related to the use of compartmentalisation for animal disease management are covered in Chapters 4.3 and 4.4 of the TAHC while for FMD specifically OIE recommendations are contained in Article 8.8.4. In the glossary of the TAH a compartment is described as ‘an animal subpopulation contained in one or more establishments under a common biosecurity management system with a distinct health status with respect to a specific disease or specific diseases for which surveillance, control and biosecurity measures have been applied for the purpose of international trade’. It should be noted that this definition does not refer to disease- or infection-freedom but to ‘a distinct health status’. Therefore, a compartment does not necessarily imply freedom from the infection or infections under consideration. On the other hand, Article 8.8.4 of the TAHC refers to a ‘FMD free compartment’ and the provisions of the article make it clear that freedom from infection for a period of at least 12 months is a basic requirement quite apart from the other requirements including non-use of vaccination or the introduction of animals vaccinated in the last year into the FMD-free compartment. However, as explained elsewhere in this document there is a clear intent on the part of the OIE Bureau to introduce a proposal to permit the use of vaccine in FMD-free compartments at the General Session due to be held in May 2017 (see Appendix A). It needs to be appreciated that FMD-free compartments are not approved or otherwise recognised by the OIE as is the case for zoning for example; for compartments and FMD the OIE provides recommendations only; approval or certification of compartments is a responsibility of country DVSs.
