Fifth Paragraph Sample Clauses

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. 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.

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 ("▇▇▇▇▇ ▇▇▇▇▇ de Telecomunicacoes") approved by Ordinance No. 232/91 of October 23 and item II.9, of the Specific Conditions of the Specific Telecommunications Rule ("▇▇▇▇▇ 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 AUDIT activity(ies) may be suspended and/or terminated, in whole or in part, upon release for full fulfilment of the respective OBLIGATION TO PERFORM, as defined in CHAPTER VIII - RELEASE. Paragraph six. The statements made by the AUDIT(S) will not be binding and are intended to subsidise the analysis and decision-making by GOVERNANCE, which may occur even before these statements are made. Paragraph seven. The absence of a statement from the AUDITOR(S) due to omission, delay or any other reason shall not, under any circumstances, jeopardise compliance with the deadlines for delivery of the accompanying OBLIGATION TO PERFORM DO.

Fifth Paragraph. This AGREEMENT may be used for legal purposes and may be presented in the records of legal actions, including actions filed abroad, and/or administrative proceedings that have as their object any obligation/liability arising from and/or related to the COLLAPSE that is or is not provided for in this TERM, with the purpose of seeking its extinction. Paragraph six. All incidents of divergence and fulfilment of judgments related to Resolutions and acts of the CIF shall receive the treatment set out in the caput, even if they are not expressly listed in ANNEX 23 - ACTIONS AND ADMINISTRATIVE PROCEEDINGS TO BE EXTINGUISHED BY THIS AGREEMENT, subject to the exception set out in Clause 10 (fines imposed by the CIF and judicialised).

Fifth Paragraph. The Lender can request, at any time, partial or total payment of the Loan.

Fifth Paragraph. As established in the GENERAL CONDITIONS of this AGREEMENT, the OBLIGATION TO PAY is subject to monetary adjustment, but no interest will be charged between the date of adhesion of the municipality and its respective payment term.

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.