Fifth Paragraph. In compliance with the aforementioned Third Paragraph, only after the full liability (if any) has been paid off, including taxes, arrears increases, additional payment and all other lawful comminations, the power supply shall be restored for the periods and as of the date that the parties may have stipulated in writing, and said adjustment shall serve as an addendum to this AGREEMENT in case of abeyance or a new agreement if the current AGREEMENT has been terminated. CHAPTER IX
Fifth Paragraph. BRENCO shall proceed to the weight and analysis of the sugarcane delivered by BRASILAGRO, in order to assess the TOTAL RECOVERABLE SUGAR CONTENT (ATR), according to table comprised in the “Operating Standards to Determine the Sugarcane Quality” of the Regulation for the Business of Purchase and Sale of Sugarcane in the State of São Paulo (“CONSECANA-SP”), herein attached as Exhibit 2, when the certificates of weight and analysis reports of the sugarcane shall be issued.
Fifth Paragraph. If an arbitrator is substituted during the arbitral procedure, his substitute may, at his discretion, determine what evidence shall be repeated. 99 Fourth Paragraph: The arbitrator or the arbitral tribunal shall, at the beginning of the procedure, try to conciliate the parties, Chapter V. - Arbitral Award 107 applying, to the extent possible, Article 28 of this Law. Article 23 108 The arbitral award shall be made within the time limit stipulated 109 by the parties. If no express stipulation is made thereon, the award shall be made within six months from the date of the commencement of the arbitral proceedings, or from the date of the substitution of an arbitrator.
Fifth Paragraph. For purposes of this clause and in order to determine whether guarantors continue solvent, updating shall be promoted after ended each period of twelve (12) months and also in case of extension of the lease.
Fifth Paragraph. THE LESSEE resigns the formalities of receiving a requirement expressly to fall in a late payment in the event of delay or non compliance of the obligations agreed upon in this contract and accepts from now on as full proof of any nonfulfillment the communication addressed to this party by THE LESSOR or to the application filed vis a vis the competent authority to obtain its rights.
Fifth Paragraph. Should BRASILAGRO transfer part of its sugarcane production pursuant to the Fourth Paragraph above BRASILAGRO shall: (i) assure that the new area to which the sugarcane production is transferred has the necessary agronomic extension and conditions to reproduce the potential production equivalent to the area of the Properties of Morro Vermelho Project where the sugarcane would be originally planted, according to table included in the caput of this Section 2.2, and (ii) bear any increase in expenses and/or supply costs, including, but not limited to, the costs with cut, loading and transportation, arising from such transfer.
Fifth Paragraph. With the transfer of the Permissions, the parties consider automatically assigned and transferred to the PROMISING TRANSFEREE all the PROMISING TRANSFEROR's rights arising from any and all subscriber agreements. Clause Three: THE DEFINITIVE TRANSFER AGREEMENT(S) The definitive agreement(s) for the transfer of title to the Permissions shall be granted by the PROMISING TRANSFEROR in favor of PROMISING TRANSFEREE or in favor of whom it may indicate, it being recognized by the PROMISING TRANSFEROR, as of now, that the PROMISING TRANSFEREE has the right to be substituted in its contractual position in this Agreement one or more times, without the PROMISING TRANSFEROR's consent, pursuant to its option for the joint, isolated or grouped transfer of the Permissions, being able, for this purpose, to indicate one or several interested parties, as the case may be, subject to any applicable legal and regulatory requirements. Clause Four: TERM FOR THE EXECUTION OF THE DEFINITIVE AGREEMENT(S) The definitive agreement(s) for the transfer of title to the Permissions shall be executed by the PROMISING TRANSFEROR and PROMISING TRANSFEREE, as soon as the former has obtained from the Ministry of Communications the competent authorization in accordance with items 6.11 and 6.11.1 of the General Telecommunications Rule ("Xxxxx Xxxxx de Telecomunicacoes") approved by Ordinance No. 232/91 of October 23 and item II.9, of the Specific Conditions of the Specific Telecommunications Rule ("Xxxxx Especifica de Telecomunicacoes"), approved by Ordinance No. 257/91 of October 23, i.e. once the three (3) year period counted from the date of issuance of the functioning license (or such shorter period as may then be applicable) and the above referred express authorization is obtained.
Fifth Paragraph. The Lender can request, at any time, partial or total payment of the Loan. FOURTH CLAUSE – MISCELLANEOUS
Fifth Paragraph. Promptly after the consummation of the sale or other disposition of the Tag-Along Quotas and the QUOTAS of Levy to the third party pursuant to the Tag-Along Transfer, ABN shall, within ten (10) calendar days of receipt of the Offer Price, pay to Levy the portion of the Offer Price corresponding to the quotas of Levy sold or otherwise disposed of pursuant thereto. SIXTH PARAGRAPH. If at the end of the Notice Period, Levy shall not have given a Notice of Interest (and delivered the Power of Attorney), Levy will be deemed to have waived all of its rights under this Article 12 with respect to the sale or other disposition of its QUOTAS pursuant to the Tag-Along Transfer with respect to which a Notice of Interest shall not have been given. SEVENTH PARAGRAPH. If, at the end of the 180-day period following the giving of the Offer Notice, ABN have not completed the sale or other disposition of all the Tag-Along Quotas and the QUOTAS with respect to which Levy shall have given a Notice of Interest pursuant to this Article 12, then such Tag-Along Transfer shall be deemed cancelled and of no further effect and ABN shall return to Levy the Powers-of-Attorney.
Fifth Paragraph. The access to the Judiciary shall only be allowed in the cases clearly foreseen in Federal Law n. 9,307/96. In cases when the access to the Judiciary be allowed, the Parties elect the Court of Justice of the County of Sao Paulo, with the exclusion of any other no matter the more qualified it may be, to know of actions that guarantee the complete fulfillment of the arbitration procedure and to execute the final arbitration sentence, whenever necessary. Sixth Paragraph - The Party that for any reason frustrates or impedes the initiation of the court of arbitration, be it not adopting the necessary arrangements within the due period, or be it forcing the other party to adopt the measures foreseen in Article 7 of Federal Law n. 9,307/96, or yet not fulfilling all the terms of the arbitration sentence, shall pay the fine not susceptible of compensation equivalent to R$ 5,000 (five thousand Reais), to be updated according to the annual variation of the IGPM, per day of delay in the initiation of the arbitration court or in the fulfillment of the established in the arbitration sentence, with no jeopardy to the determinations and penalties within such sentence.
