Common use of Modifications and Rectifications Clause in Contracts

Modifications and Rectifications. 1. A Party may modify its coverage under this Chapter provided that it: (a) notifies the other Party in writing and simultaneously offers acceptable compensatory adjustments to the other Party to maintain a level of coverage comparable to that existing prior to the modification, except as provided in paragraphs 2 and 3; and (b) the other Party does not object in writing within 30 days of the notification. 2. Each Party may make rectifications of a purely formal nature to its coverage under this Chapter, or minor amendments to its Schedule in Annex 15-A provided that it notifies the other Party in writing and the other Party does not object in writing within 30 days of the notification. A Party that makes such a rectification or minor amendment need not provide compensatory adjustments. 3. A Party need not provide compensatory adjustments in those circumstances where the Parties agree that the proposed modification covers an entity over which a Party has effectively eliminated its control or influence. Where the Parties do not agree that such government control or influence has been effectively eliminated, the objecting Party may request further information or consultations with a view to clarifying the nature of any government control or influence and reaching agreement on the entity’s continued coverage under this Chapter. 4. Where appropriate, the Joint FTA Committee shall adopt the modification, rectification or minor amendment notified by the Party concerned.

Appears in 3 contracts

Samples: Free Trade Agreement, Free Trade Agreement, Free Trade Agreement

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Modifications and Rectifications. 1. A Party may modify its coverage under this Chapter provided that it: (a) notifies the other Party in writing and simultaneously offers acceptable compensatory adjustments to the other Party to maintain a level of coverage comparable to that existing prior to the modification, except as provided in paragraphs 2 and 3; and (b) the other Party does not object in writing within 30 days of the notification. 2. Each Party may make rectifications of a purely formal nature to its coverage under this Chapter, or minor amendments to its Schedule in Annex 15-A provided that it notifies the other Party in writing and the other Party does not object in writing within 30 days of the notification. A Party that makes such a rectification or minor amendment need not provide compensatory adjustments. 3. A Party need not provide compensatory adjustments in those circumstances where the Parties agree that the proposed modification covers an entity over which a Party has effectively eliminated its control or influence. Where the Parties do not agree that such government control or influence has been effectively eliminated, the objecting Party may request further information or consultations with a view to clarifying the nature of any government control or influence and reaching agreement on the entity’s 's continued coverage under this Chapter. 4. Where appropriate, the Joint FTA Committee shall adopt the modification, rectification or minor amendment notified by the Party concerned.

Appears in 3 contracts

Samples: Free Trade Agreement, Free Trade Agreement, Free Trade Agreement

Modifications and Rectifications. 1. A Either Party may modify its coverage under this Chapter provided that it: (a) notifies the other Party in writing and simultaneously the other Party does not object in writing within 3 0 days of the notification; and (b) offers within 30 days acceptable compensatory adjustments to the other Party to maintain a level of coverage comparable to that existing prior to the modification, except as provided in paragraphs 2 and 3; and (b) the other Party does not object in writing within 30 days of the notification3 . 2. Each Either Party may make rectifications of a purely formal nature to its coverage under this Chapter, or minor amendments to its Schedule in Schedules to Annex 15-A 9.1, Sections (A) through (C), provided that it notifies the other Party in writing and the other Party does not object in writing within 30 days of the notification. A Party that makes such a rectification or minor amendment need shall not be required to provide compensatory adjustments. 3. A Party need not provide compensatory adjustments in those circumstances where the Parties agree that the proposed modification covers an entity over which a Party has effectively eliminated its control or influence. Where the Parties do not agree that such government control or influence has been effectively eliminated, the objecting Party may request further information or consultations with a view to clarifying the nature of any government control or influence and reaching agreement on the entity’s continued coverage under this Chapter. 4. Where appropriatethe Parties are in agreement on the proposed modification, rectification, or minor amendment, including where a Party has not objected within 30 days under paragraph 1 or 2 , the Joint FTA Committee Commission shall adopt give effect to the modification, rectification or minor amendment notified agreement by modifying forthwith the Party concernedrelevant Section of Annex 9.1.

Appears in 2 contracts

Samples: Free Trade Agreement, Free Trade Agreement

Modifications and Rectifications. 1. A Either Party may modify its coverage under this Chapter provided that it: (a) notifies the other Party in writing and simultaneously the other Party does not object in writing within 30 days of the notification; and (b) offers within 30 days acceptable compensatory adjustments to the other Party to maintain a level of coverage comparable to that existing prior to the modification, except as provided in paragraphs 2 and 3; and (b) the other Party does not object in writing within 30 days of the notification. 2. Each Either Party may make rectifications of a purely formal nature to its coverage under this Chapter, or minor amendments to its Schedule in Schedules to Annex 15-A 9.1, Sections (A) through (C), provided that it notifies the other Party in writing and the other Party does not object in writing within 30 days of the notification. A Party that makes such a rectification or minor amendment need shall not be required to provide compensatory adjustments. 3. A Party need not provide compensatory adjustments in those circumstances where the Parties agree that the proposed modification covers an entity over which a Party has effectively eliminated its control or influence. Where the Parties do not agree that such government control or influence has been effectively eliminated, the objecting Party may request further information or consultations with a view to clarifying the nature of any government control or influence and reaching agreement on the entity’s continued coverage under this Chapter. 4. Where appropriatethe Parties are in agreement on the proposed modification, rectification, or minor amendment, including where a Party has not objected within 30 days under paragraph 1 or 2, the Joint FTA Committee Commission shall adopt give effect to the modification, rectification or minor amendment notified agreement by modifying forthwith the Party concernedrelevant Section of Annex 9.1.

Appears in 1 contract

Samples: Free Trade Agreement

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Modifications and Rectifications. 1. A Either Party may modify its coverage under this Chapter provided that it: (a) notifies the other Party in writing and simultaneously the other Party does not object in writing within 30 days of the notification; and (b) offers within 30 days acceptable compensatory adjustments to the other Party to maintain a level of coverage comparable to that existing prior to the modification, except as provided in paragraphs 2 and 3; and (b) the other Party does not object in writing within 30 days of the notification. 2. Each Either Party may make rectifications of a purely formal nature to its coverage under this Chapter, or minor amendments to its Schedule in Schedules to Annex 15-A 9.1, Sections (A) through (C), provided that it notifies the other Party in writing and the other Party does not object in writing within 30 days of the notification. A Party that makes such a rectification or minor amendment need shall not be required to provide compensatory adjustments. 3. A Party need not provide compensatory adjustments in those circumstances where the Parties agree that the proposed modification covers an entity over which a Party has effectively eliminated its control or influence. Where the Parties do not agree that such government control or influence has been effectively eliminated, the objecting Party may request further information or consultations with a view to clarifying the nature of any government control or influence and reaching agreement on the entity’s entityâs continued coverage under this Chapter. 4. Where appropriatethe Parties are in agreement on the proposed modification, rectification, or minor amendment, including where a Party has not objected within 30 days under paragraph 1 or 2, the Joint FTA Committee Commission shall adopt give effect to the modification, rectification or minor amendment notified agreement by modifying forthwith the Party concernedrelevant Section of Annex 9.1.

Appears in 1 contract

Samples: Free Trade Agreement

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