Compensation of losses. 1 The Parties which investors have investments in the territory of the other Contracting Party that suffer losses due to war or other armed conflicts, state of emergency, rebellion, insurrection or riots in the territory of the other Contracting Party, will not provide treatment that becomes less favourable in terms of return, compensation, fees or other ways of settlement of loss, from that other Contracting state gives investors have their own, or investors of third countries. Payments on that basis will be done without unnecessary delay to, and it shall be freely transferable.
Compensation of losses. 1. The investors of a Contracting Party in the territory of the other Contracting Party that suffer damage due to war or other armed conflict, state of emergency, revolt, insurrection or riots, will be provided in terms of compensation, indemnization, restitution or otherwise damages, a treatment which is as favorable as the treatment that the Contracting Parties gives to its own investors or investors of any third state.
2. Notwithstanding the provisions of paragraph 1 of this Article, investors of one Contracting Party who, in any of the situations referred to in that paragraph, suffer damage in the territory of the other Party of the Contracting Party as a result of:
(a) The seizure of property belonging to them, by the authorities of the other Contracting Party, or
(b) The destruction of their property by the authorities of the other Contracting Party which is not the consequence of an armed conflict and was not necessary as a result of the situation arising, Shall be provided without delay a fair and adequate compensation for damages resulting from the seizure or destruction of their property.
Compensation of losses. 1. Investors of one Contracting Party whose investments in the territory of the other Contracting Party suffer losses owing to war or other armed conflict, revolution, a state of national emergency, revolt, insurrection or riot in the territory of the latter Contracting Party shall be accorded by the latter Contracting Party treatment, as regards restitution, indemnification, compensation or other settlement, not less favourable than that which the latter Contracting Party accords to its own investors or to investors of any third State.
2. Without derogating from the provisions of paragraph (1) of this Article, investors of one Contracting Party who, in any of the situations referred to in that paragraph, suffer losses in the territory of the other Contracting Party resulting from:
(a) requisitioning of their property by the forces or authorities of the latter Contracting Party, or
(b) destruction of their property by the forces or authorities of the latter Contracting Party, which was not caused in combat action or was not required by the necessity of the situation, shall be accorded restitution or adequate compensation.
Compensation of losses. Investors of one Contracting Party, who suffer losses in respect of their investments in the territory of the other Contracting Party due to war, civil disturbance, a state of national emergency, insurrection, riot or other similar events, shall be accorded the treatment no less favourable than that accorded by the latter Contracting Party to its own investors or to investors of any third State in respect of any measures taken by it in accordance with such loss.
Compensation of losses. Investors of either Contracting Party whose investments suffer losses in connection with their investments in the territory of the other Contracting Party owing to war or other armed conflict, revolution, a state of general emergency or revolt shall be accorded treatment, as regards restitution, indemnification, compensation or other settlement, not less favourable by such other Contracting Party than that accorded by the latter Contracting Party to its own investors or to the investors of a third state.
Compensation of losses. The investors of one Contracting Party whose investments have suffered losses as a result of war, armed conflict, revolution, state of national emergency, uprising disorder or other similar events in the other contracting party territory shall be benefiting by the latter a treatment not less favourable than that accorded to its own investors or to investors of any third state. The most-favoured treatment is applied in terms of indemnification, compensation, bonuses or any other adjustments related to those losses. Fair compensation while ensuring the free transfer of payments resulting from such compensations also granted to them.
Compensation of losses. 14.7.1. Pursuant to Article 406 of the Civil Code, if the obligation of the Borrower, provided for in Article 12.1 (Remuneration of the Credit Manager and Pledge Manager), Article 14.3. (Reimbursement of the Credit Manager’s Expenses) or Article 14.4. (Reimbursement of the Pledge Manager’s Expenses) is or becomes invalid, illegal and (or) any such obligation is not subject to judicial protection, the Borrower as the independent and principal obligation, upon the request of the Finance Party, will unconditionally reimburse the respective Finance Party for the amounts of any expenses, commission fees, charges and losses which it will incur due to non-payment of any amount, which, save for such invalidity, illegality and (or) impossibility of judicial protection, would be subject to payment in accordance with Article 12.1. (Remuneration of the Credit Manager and Pledge Manager), Article 14.3. (Reimbursement of the Credit Manager’s Expenses) or Article 14.4. (Reimbursement of the Pledge Manager’s Expenses) on the date of making such payment or discharge of obligation.
14.7.2. The amounts subject to payment by the Borrower in accordance with this Article 14.7 (Compensation of Losses), may not exceed the aggregate amount which the Borrower should have paid in accordance with Article 12.1 (Remuneration of the Credit Manager and Pledge Manager), Article 14.3. (Reimbursement of the Credit Manager’s Expenses) and Article 14.4. (Reimbursement of the Pledge Manager’s Expenses) so, as if the declared amount was subject to payment by virtue of Article
12.1. (Remuneration of the Credit Manager and Pledge Manager), Article 14.3. (Reimbursement of the Credit Manager’s Expenses) or Article 14.4. (Reimbursement of the Pledge Manager’s Expenses).WARRANTIES AND REPRESENTATIONS
Compensation of losses. 1. In the Trust, the Entrusted Palladium Bullion and the Beneficial Interests may incur losses in value to reasons such as fluctuations in the market price of Palladium Bullion or other reasons.
2. The Trust, which calculates the Index Price using the Adopted Futures Price and the Adopted Forward Rate, may be affected by fluctuations in the future price of Palladium published by the Tokyo Commodity Exchange and the Forward Rate of Palladium presented by the Precious Metal Dealers which are engaged in Palladium derivative transactions.
3. In the Trust, the Net Assets per Unit (as Disclosed at the Exchanges) does not necessarily link entirely with the Index Price due to the following reasons:
(1) There is a need to sell the Entrusted Palladium Bullion for the payment of the Trust Fee and Trust Expenses pursuant to Articles 44 and 45 hereof.
(2) There is a need to sell the Entrusted Palladium Bullion for the payment of the claim for the indemnification of advancements or interests and principals for borrowings under Article 22, Paragraph 1 hereof.
(3) There are monies held on a temporary basis related to the preceding two (2) Items concerning the Trust Assets.
(4) There is an effect from the market or other external environment.
4. The Trustee shall not compensate for any losses, or the principal nor supplement any interest with respect to the Trust in violation of Article 24, Paragraph 1, Item 4 of the Trust Business Act. In addition, the Settlor and the Beneficiaries shall not make any request to the Trustee for any such compensation.
Compensation of losses. 1. Investors of any Contracting Party whose investments are in the territory of the other Contracting Party shall be liable to losses resulting from war or other armed conflict, revolution, national emergency, uprising, insurrection or disturbances in the territory of the Contracting Party Second treatment shall not be less favourable than the treatment accorded to investors or those granted to investors of any other State with respect to the restitution of rights to the owners or a substitute for a potential loss, compensation or other adjustment, while ensuring the free transfer of the amounts of such compensation.
2. Without prejudice to the provisions of paragraph (1) above in this Article, the rights of investors of either Contracting Party shall be refunded or compensated in fair and sufficient compensation with the freedom to transfer the amounts of such compensation in the event of any loss in any of the cases referred to in that paragraph, in the territory of the other Contracting Party, arising from:
(a) The confiscation of their property by the forces or authorities of the other Party;
(b) The destruction of their property by the forces or authorities of the other Contracting Party, if such destruction was not in a combat or necessary conflict, and shall be returned to them or given fair and adequate compensation, while ensuring the free transfer of the amounts resulting from such compensation.
Compensation of losses. 1. In the Trust, the Entrusted Silver Bullion and the Beneficial Interests may incur losses in value to reasons such as fluctuations in the market price of Silver Bullion or other reasons.
2. The Trust, which calculates the Index Price using the Adopted Futures Price and the Adopted Forward Rate, may be affected by fluctuations in the future price of Silver published by the Tokyo Commodity Exchange and the Forward Rate of Silver presented by the Precious Metal Dealers which are engaged in Silver derivative transactions.
3. In the Trust, the Net Assets per Unit (as Disclosed at the Exchanges) does not necessarily link entirely with the Index Price due to the following reasons:
(1) There is a need to sell the Entrusted Silver Bullion for the payment of the Trust Fee and Trust Expenses pursuant to Articles 44 and 45 hereof.
(2) There is a need to sell the Entrusted Silver Bullion for the payment of the claim for the indemnification of advancements or interests and principals for borrowings under Article 22, Paragraph 1 hereof.
(3) There are monies held on a temporary basis related to the preceding two (2) Items concerning the Trust Assets.
(4) There is an effect from the market or other external environment.
4. The Trustee shall not compensate for any losses, or the principal nor supplement any interest with respect to the Trust in violation of Article 24, Paragraph 1, Item 4 of the Trust Business Act. In addition, the Settlor and the Beneficiaries shall not make any request to the Trustee for any such compensation.
