Common use of Non-Conforming Measures Clause in Contracts

Non-Conforming Measures. 1. Articles 2, 3 and 6 shall not apply to: (a) any existing non-conforming measure that is Maintained by the following, as set out in the Schedule of each Contracting Party in Annex I: (i) the central government of a Contracting Party; or (ii) a prefecture of Japan or a province or a Municipality of the Republic of Mozambique; (b) any existing non-conforming measure that is maintained by a local government other than a prefecture and a province and a municipality referred to in subparagraph (a)(ii); (c) the continuation or prompt renewal of any nonconforming measure referred to in subparagraphs (a) and (b); or (d) an amendment or modification to any nonconforming measure referred to in subparagraphs (a) and (b), provided that the amendment or modification does not decrease the conformity of the measure as it existed immediately before the amendment or modification with Articles 2, 3 and 6. 2. Articles 2, 3 and 6 shall not apply to any measure that a Contracting Party adopts or maintains with respect to sectors, sub-sectors or activities set out in its Schedule in Annex II. 3. Neither Contracting Party shall, under any measure adopted after the date of entry into force of this Agreement and covered by its Schedule in Annex II, require an investor of the other Contracting Party, by reason of its nationality, to sell or otherwise dispose of an investment that exists at the time when the measure becomes effective. 4. In cases where a Contracting Party makes an amendment or a modification to any existing non-conforming measure set out in its Schedule in Annex I or where a Contracting Party adopts any new or more restrictive measure with respect to sectors, sub-sectors, or activities set out in its Schedule in Annex II after the date of entry into force of this Agreement, the Contracting Party shall, prior to the implementation of the amendment or modification or the new or more restrictive measure, or in exceptional circumstances, as soon as possible thereafter: (a) notify the other Contracting Party of detailed information on such amendment or modification, or such measure; and (b) hold, upon request by the other Contracting Party, consultations in good faith with the other Contracting Party with a view to achieving mutual satisfaction. 5. Each Contracting Party shall endeavour, where appropriate, to reduce or eliminate the non-conforming measures specified in its Schedules in Annexes I and II respectively. 6. Articles 2, 3 and 6 shall not apply to any measure covered by the exceptions to, or derogations from, obligations under Articles 3 and 4 of the TRIPS Agreement, as specifically provided in Articles 3 through 5 of the TRIPS Agreement. 7. Articles 2, 3 and 6 shall not apply to any measure that a Contracting Party adopts or maintains with respect to government procurement.

Non-Conforming Measures. 1. Articles 23 [National Treatment], 3 4 [Most-Favored-Nation Treatment], 8 [Performance Requirements], and 6 shall 9 [Senior Management and Boards of Directors] do not apply to: (a) any existing non-conforming measure that is Maintained maintained by the following, as set out in the Schedule of each Contracting a Party in Annex Iat: (i) the central government level of a Contracting Party; orgovernment, as set out by that Party in its Schedule to Annex I or ▇▇▇▇▇ ▇▇▇, (ii) a prefecture regional level of Japan government, as set out by that Party in its Schedule to Annex I or Annex III, or (iii) a province or a Municipality local level of the Republic of Mozambiquegovernment; (b) any existing non-conforming measure that is maintained by a local government other than a prefecture and a province and a municipality referred to in subparagraph (a)(ii); (c) the continuation or prompt renewal of any nonconforming non-conforming measure referred to in subparagraphs subparagraph (a) and (b); or (dc) an amendment or modification to any nonconforming non-conforming measure referred to in subparagraphs subparagraph (a) and (b), provided to the extent that the amendment or modification does not decrease the conformity of the measure measure, as it existed immediately before the amendment amendment, with Article 3 [National Treatment], 4 [Most-Favored-Nation Treatment], 8 [Performance Requirements], or modification with Articles 2, 3 9 [Senior Management and 6Boards of Directors]. 2. Articles 23 [National Treatment], 3 4 [Most-Favored-Nation Treatment], 8 [Performance Requirements], and 6 shall 9 [Senior Management and Boards of Directors] do not apply to any measure that a Contracting Party adopts or maintains with respect to sectors, sub-sectors subsectors, or activities activities, as set out in its Schedule in to Annex II. 3. Neither Contracting Party shallmay, under any measure adopted after the date of entry into force of this Agreement Treaty and covered by its Schedule in to Annex II, require an investor of the other Contracting Party, by reason of its nationality, to sell or otherwise dispose of an investment that exists existing at the time when the measure becomes effective. 4. In cases where a Contracting Party makes an amendment or a modification to any existing nonArticles 3 [National Treatment] and 4 [Most-conforming measure set out in its Schedule in Annex I or where a Contracting Party adopts any new or more restrictive measure with respect to sectors, subFavored-sectors, or activities set out in its Schedule in Annex II after the date of entry into force of this Agreement, the Contracting Party shall, prior to the implementation of the amendment or modification or the new or more restrictive measure, or in exceptional circumstances, as soon as possible thereafter: (a) notify the other Contracting Party of detailed information on such amendment or modification, or such measure; and (b) hold, upon request by the other Contracting Party, consultations in good faith with the other Contracting Party with a view to achieving mutual satisfaction. 5. Each Contracting Party shall endeavour, where appropriate, to reduce or eliminate the non-conforming measures specified in its Schedules in Annexes I and II respectively. 6. Articles 2, 3 and 6 shall Nation Treatment] do not apply to any measure covered by the exceptions an exception to, or derogations derogation from, the obligations under Articles Article 3 and or 4 of the TRIPS Agreement, as specifically provided in those Articles 3 through and in Article 5 of the TRIPS Agreement. 75. Articles 23 [National Treatment], 3 4 [Most-Favored-Nation Treatment], and 6 shall 9 [Senior Management and Boards of Directors] do not apply to any measure that a Contracting Party adopts or maintains with respect to to: (a) government procurement; or (b) subsidies or grants provided by a Party, including government-supported loans, guarantees, and insurance.

Non-Conforming Measures. 1. Articles 23, 3 4, 8 and 6 9 shall not apply to: (a) any existing non-conforming measure that is Maintained maintained by the following, as set out in the Schedule of each Contracting Party in Annex I: (i) the central government of a Contracting Party; or (ii) a prefecture of Japan or a province or a Municipality department of the Oriental Republic of MozambiqueUruguay; (b) any existing non-conforming measure that is maintained by a local government other than a prefecture and a province and a municipality department referred to in subparagraph (a)(ii); (c) the continuation or prompt renewal of any nonconforming non- conforming measure referred to in subparagraphs subparagraphs (a) and (b); or (d) an amendment or modification to any nonconforming non- conforming measure referred to in subparagraphs subparagraphs (a) and (b), provided that the amendment or modification does not decrease the conformity of the measure as it existed immediately before the amendment or modification modification, with Articles 23, 3 4, 8 and 69. 2. Articles 23, 3 4, 8 and 6 9 shall not apply to any measure that a Contracting Party adopts or maintains with respect to sectors, sub-sectors or activities set out in its Schedule in Annex II. 3. Neither Contracting Party shall, under any measure adopted after the date of entry into force of this Agreement and covered by its Schedule in Annex II, require an investor of the other Contracting Party, by reason of its nationality, to sell or otherwise dispose of an investment that exists at the time when the measure becomes effective. 4. In cases where a Contracting Party makes an amendment or a modification to any existing non-conforming measure set out in its Schedule in Annex I or where a Contracting Party adopts any new or more restrictive measure with respect to sectors, sub-sectors, sectors or activities set out in its Schedule in Annex II after the date of entry into force of this Agreement, the Contracting Party shall, prior to the implementation of the amendment or modification or the new or more restrictive measureextent possible, or in exceptional circumstances, as soon as possible thereafter: (a) notify the other Contracting Party of detailed information on such amendment amendment, modification or modification, or such measure; and (b) hold, upon request by the other Contracting Party, consultations in good faith with the other Contracting Party with a view to achieving mutual satisfaction. 5. Each Contracting Party shall endeavourendeavor, where appropriate, to reduce or eliminate the non-conforming measures specified in its Schedules in Annexes I and II respectively. 6. Articles 23, 3 4, 8 and 6 9 shall not apply to any measure covered by the exceptions to, or derogations from, obligations under Articles 3 and 4 of the TRIPS Agreement, as specifically provided in Articles 3 through 5 of the TRIPS Agreement. 7. Articles 23, 3 4, 8 and 6 9 shall not apply to any measure that a Contracting Party adopts or maintains with respect to government procurement. 8. Articles 3, 4, 8 and 9 shall not apply to subsidies or grants provided by a Contracting Party, including government-supported loans, guarantees, and insurance.

Non-Conforming Measures. 1. Articles 2, 3 and 6 shall not apply to: (a) any existing non-conforming measure that is Maintained maintained by the following, as set out in the Schedule of each Contracting Party in Annex I: (i) the central government of a Contracting Party; or (ii) a prefecture of Japan or a province state, a region or a Municipality Union Territory of the Republic of Mozambique;the Union of Myanmar; Note: In the case of the Republic of the Union of Myanmar, a state, a region or a Union Territory includes a Self-Administered Division and a Self-Administered Zone. (b) any existing non-conforming measure that is maintained by a local government other than a prefecture and a province state, a region and a municipality Union Territory referred to in subparagraph (a)(ii); (c) the continuation or prompt renewal of any nonconforming non- conforming measure referred to in subparagraphs subparagraphs (a) and (b); or (d) an amendment or modification to any nonconforming non- conforming measure referred to in subparagraphs subparagraphs (a) and (b), provided that the amendment or modification does not decrease the conformity of the measure as it existed immediately before the amendment or modification modification, with Articles 2, 3 and 6. 2. Articles 2, 3 and 6 shall not apply to any measure that a Contracting Party adopts or maintains with respect to sectors, sub-sectors or activities set out in its Schedule in Annex II. 3. Neither Contracting Party shall, under any measure adopted after the date of entry into force of this Agreement and covered by its Schedule in Annex II, require an investor of the other Contracting Party, by reason of its nationality, to sell or otherwise dispose of an investment that exists at the time when the measure becomes effective. 4. In cases where a Contracting Party makes an amendment or a modification to any existing non-conforming measure set out in its Schedule in Annex I or where a Contracting Party adopts any new or more restrictive measure with respect to sectors, sub-sectors, sectors or activities set out in its Schedule in Annex II after the date of entry into force of this Agreement, the Contracting Party shall, prior to the implementation of the amendment or modification or the new or more restrictive measure, or in exceptional circumstances, as soon as possible thereafter: (a) notify the other Contracting Party of detailed information on such amendment or modification, or such measure; and (b) hold, upon request by the other Contracting Party, consultations in good good-faith with the other Contracting Party with a view to achieving mutual satisfaction. 5. Each Contracting Party shall endeavour, where appropriate, to reduce or eliminate the non-conforming measures specified in its Schedules in Annexes I and II respectively. 6. Articles 2, 3 and 6 shall not apply to any measure covered by the exceptions to, or derogations from, obligations under Articles 3 and 4 of the TRIPS Agreement, as specifically provided in Articles 3 through 5 of the TRIPS Agreement. 7. Articles 2, 3 and 6 shall not apply to any measure that a Contracting Party adopts or maintains with respect to government procurement.

Non-Conforming Measures. 1. Articles 2, 3 and 6 shall not apply to: (a) any existing non-conforming measure that is Maintained maintained by the following, as set out in the Schedule of each Contracting Party in Annex I: (i) the central government of a Contracting Party; or (ii) a prefecture of Japan or a province or a Municipality municipality of the Republic of Mozambique; (b) any existing non-conforming measure that is maintained by a local government other than a prefecture and a province and a municipality referred to in subparagraph (a)(ii); (c) the continuation or prompt renewal of any nonconforming non- conforming measure referred to in subparagraphs subparagraphs (a) and (b); or (d) an amendment or modification to any nonconforming non- conforming measure referred to in subparagraphs subparagraphs (a) and (b), provided that the amendment or modification does not decrease the conformity of the measure as it existed immediately before the amendment or modification with Articles 2, 3 and 6. 2. Articles 2, 3 and 6 shall not apply to any measure that a Contracting Party adopts or maintains with respect to sectors, sub-sectors or activities set out in its Schedule in Annex II. 3. Neither Contracting Party shall, under any measure adopted after the date of entry into force of this Agreement and covered by its Schedule in Annex II, require an investor of the other Contracting Party, by reason of its nationality, to sell or otherwise dispose of an investment that exists at the time when the measure becomes effective. 4. In cases where a Contracting Party makes an amendment or a modification to any existing non-conforming measure set out in its Schedule in Annex I or where a Contracting Party adopts any new or more restrictive measure with respect to sectors, sub-sectors, or activities set out in its Schedule in Annex II after the date of entry into force of this Agreement, the Contracting Party shall, prior to the implementation of the amendment or modification or the new or more restrictive measure, or in exceptional circumstances, as soon as possible thereafter: (a) notify the other Contracting Party of detailed information on such amendment or modification, or such measure; and (b) hold, upon request by the other Contracting Party, consultations in good faith with the other Contracting Party with a view to achieving mutual satisfaction. 5. Each Contracting Party shall endeavour, where appropriate, to reduce or eliminate the non-conforming measures specified in its Schedules in Annexes I and II respectively. 6. Articles 2, 3 and 6 shall not apply to any measure covered by the exceptions to, or derogations from, obligations under Articles 3 and 4 of the TRIPS Agreement, as specifically provided in Articles 3 through 5 of the TRIPS Agreement. 7. Articles 2, 3 and 6 shall not apply to any measure that a Contracting Party adopts or maintains with respect to government procurement.

Non-Conforming Measures. 1. Articles 23 [National Treatment], 3 4 [Most-Favored-Nation Treatment], 8 [Performance Requirements], and 6 shall 9 [Senior Management and Boards of Directors] do not apply to: (a) any existing non-conforming measure that is Maintained maintained by the following, as set out in the Schedule of each Contracting a Party in Annex Iat: (i) the central government level of a Contracting Party; orgovernment, as set out by that Party in its Schedule to Annex I or ▇▇▇▇▇ ▇▇▇, (ii) a prefecture regional level of Japan government, as set out by that Party in its Schedule to Annex I or Annex III, or (iii) a province or a Municipality local level of the Republic of Mozambiquegovernment; (b) any existing non-conforming measure that is maintained by a local government other than a prefecture and a province and a municipality referred to in subparagraph (a)(ii); (c) the continuation or prompt renewal of any nonconforming non-conforming measure referred to in subparagraphs subparagraph (a) and (b); or (dc) an amendment or modification to any nonconforming non-conforming measure referred to in subparagraphs subparagraph (a) and (b), provided to the extent that the amendment or modification does not decrease the conformity of the measure measure, as it existed immediately before the amendment amendment, with Article 3 [National Treatment], 4 [Most-Favored- Nation Treatment], 8 [Performance Requirements], or modification with Articles 2, 3 9 [Senior Management and 6Boards of Directors]. 2. Articles 23 [National Treatment], 3 4 [Most-Favored-Nation Treatment], 8 [Performance Requirements], and 6 shall 9 [Senior Management and Boards of Directors] do not apply to any measure that a Contracting Party adopts or maintains with respect to sectors, sub-sectors subsectors, or activities activities, as set out in its Schedule in to Annex II. 3. Neither Contracting Party shallmay, under any measure adopted after the date of entry into force of this Agreement Treaty and covered by its Schedule in to Annex II, require an investor of the other Contracting Party, by reason of its nationality, to sell or otherwise dispose of an investment that exists existing at the time when the measure becomes effective. 4. In cases where a Contracting Party makes an amendment or a modification to any existing nonArticles 3 [National Treatment] and 4 [Most-conforming measure set out in its Schedule in Annex I or where a Contracting Party adopts any new or more restrictive measure with respect to sectors, subFavored-sectors, or activities set out in its Schedule in Annex II after the date of entry into force of this Agreement, the Contracting Party shall, prior to the implementation of the amendment or modification or the new or more restrictive measure, or in exceptional circumstances, as soon as possible thereafter: (a) notify the other Contracting Party of detailed information on such amendment or modification, or such measure; and (b) hold, upon request by the other Contracting Party, consultations in good faith with the other Contracting Party with a view to achieving mutual satisfaction. 5. Each Contracting Party shall endeavour, where appropriate, to reduce or eliminate the non-conforming measures specified in its Schedules in Annexes I and II respectively. 6. Articles 2, 3 and 6 shall Nation Treatment] do not apply to any measure covered by the exceptions an exception to, or derogations derogation from, the obligations under Articles Article 3 and or 4 of the TRIPS Agreement, as specifically provided in those Articles 3 through and in Article 5 of the TRIPS Agreement. 75. Articles 23 [National Treatment], 3 4 [Most-Favored-Nation Treatment], and 6 shall 9 [Senior Management and Boards of Directors] do not apply to any measure that a Contracting Party adopts or maintains with respect to to: (a) government procurement; or (b) subsidies or grants provided by a Party, including government-supported loans, guarantees, and insurance.

Non-Conforming Measures. 1. Articles 2, 3 and 6 shall not apply to: (a) any existing non-conforming measure that is Maintained maintained by the following, as set out in the Schedule of each Contracting Party in Annex I: (i) the central government of a Contracting Party; or (ii) a prefecture of Japan Japan, or a province or a Municipality decentralised territorial collectivity of the Republic of MozambiqueCôte d’Ivoire; (b) any existing non-conforming measure that is maintained by a local government authority other than a prefecture and or a province and a municipality decentralised territorial collectivity referred to in subparagraph (a)(ii); (c) the continuation or prompt renewal of any nonconforming non- conforming measure referred to in subparagraphs (a) and (b); or (d) an amendment or modification to any nonconforming non- conforming measure referred to in subparagraphs (a) and (b), provided that the amendment or modification does not decrease the conformity of the measure measure, as it existed immediately before the amendment or modification modification, with Articles 2, 3 and 6. 2. Articles 2, 3 and 6 shall not apply to any measure that a Contracting Party adopts or maintains with respect to sectors, sub-sectors or activities set out in its Schedule in Annex II. 3. Neither Contracting Party shall, under any measure adopted after the date of entry into force of this Agreement and covered by its Schedule in Annex II, require an investor of the other Contracting Party, by reason of its nationality, to sell or otherwise dispose of an investment that exists at the time when the measure becomes effective. 4. In cases where a Contracting Party makes an amendment or a modification to any existing non-conforming measure set out in its Schedule in Annex I or where a Contracting Party adopts any new or more restrictive measure with respect to sectors, sub-sectors, sectors or activities set out in its Schedule in Annex II after the date of entry into force of this Agreement, the Contracting Party shall, prior to the implementation of the amendment or modification or the new or more restrictive measure, or in exceptional circumstances, as soon as possible thereafter: (a) notify the other Contracting Party of detailed information on such amendment or modification, or such measure; and (b) hold, upon request by the other Contracting Party, consultations in good faith with the other Contracting Party with a view to achieving mutual satisfaction. 5. Each Contracting Party shall endeavour, where appropriate, to reduce or eliminate the non-conforming measures specified in its Schedules in Annexes I and II respectively. 6. Articles 2, 2 and 3 and 6 shall not apply to any measure covered by the exceptions to, or derogations from, obligations under Articles 3 and 4 of the TRIPS Agreement, as specifically provided in Articles 3 through 5 of the TRIPS Agreement. 7. Articles 2, 3 and 6 shall not apply to any measure that a Contracting Party adopts or maintains with respect to government procurement.

Non-Conforming Measures. 1. Articles 2, 3 and 6 shall not apply to: (a) any existing non-conforming measure that is Maintained maintained by the following, as set out in the Schedule of each Contracting Party in Annex I: (i) the central government of a Contracting Party; or (ii) a prefecture of Japan Japan, or a province or a Municipality municipality of the Republic of MozambiqueAngola; (b) any existing non-conforming measure that is maintained by a local government other than a prefecture and or a province and or a municipality referred to in subparagraph (a)(ii); (c) the continuation or prompt renewal of any nonconforming non- conforming measure referred to in subparagraphs (a) and (b); or (d) an amendment or modification to any nonconforming non- conforming measure referred to in subparagraphs (a) and (b), provided that the amendment or modification does not decrease the conformity of the measure measure, as it existed immediately before the amendment or modification modification, with Articles 2, 3 and 6. 2. Articles 2, 3 and 6 shall not apply to any measure that a Contracting Party adopts or maintains with respect to sectors, sub-sectors or activities set out in its Schedule in Annex II. 3. Neither Contracting Party shall, under any measure adopted after the date of entry into force of this Agreement and covered by its Schedule in Annex II▇▇▇▇▇ ▇▇, require an investor of the other Contracting Party, by reason of its nationality, to sell or otherwise dispose of an investment that exists at the time when the measure becomes effective. 4. In cases where a Contracting Party makes an amendment or a modification to any existing non-conforming measure set out in its Schedule in Annex I or where a Contracting Party adopts any new or more restrictive measure with respect to sectors, sub-sectors, sectors or activities set out in its Schedule in Annex II after the date of entry into force of this Agreement, the Contracting Party shall, prior to the implementation of the amendment or modification or the new or more restrictive measure, or in exceptional circumstances, as soon as possible thereafter: (a) notify the other Contracting Party of detailed information on such amendment or modification, or such measure; and (b) hold, upon request by the other Contracting Party, consultations in good faith with the other Contracting Party with a view to achieving mutual satisfaction. 5. Each Contracting Party shall endeavour, where appropriate, to reduce or eliminate the non-conforming measures specified in its Schedules in Annexes I and II respectively. 6. Articles 2, 2 and 3 and 6 shall not apply to any measure covered by the exceptions to, or derogations from, obligations under Articles 3 and 4 of the TRIPS Agreement, as specifically provided in Articles 3 through 5 of the TRIPS Agreement. 7. Articles 2, 3 and 6 shall not apply to any measure that a Contracting Party adopts or maintains with respect to government procurement.

Non-Conforming Measures. 1. Articles 23, 3 4, 8 and 6 9 shall not apply to: (a) any existing non-conforming measure that is Maintained maintained by the following, as set out in the Schedule of each Contracting Party in Annex I: (i) the central government of a Contracting Party; or (ii) a prefecture of Japan or a province or a Municipality department of the Oriental Republic of MozambiqueUruguay; (b) any existing non-conforming measure that is maintained by a local government other than a prefecture and a province and a municipality department referred to in subparagraph (a)(ii); (c) the continuation or prompt renewal of any nonconforming measure referred to in subparagraphs subparagraphs (a) and (b); or (d) an amendment or modification to any nonconforming non conforming measure referred to in subparagraphs subparagraphs (a) and (b), provided that the amendment or modification does not decrease the conformity of the measure as it existed immediately before the amendment or modification modification, with Articles 23, 3 4, 8 and 69. 2. Articles 23, 3 4, 8 and 6 9 shall not apply to any measure that a Contracting Party adopts or maintains with respect to sectors, sub-sectors or activities set out in its Schedule in Annex II. 3. Neither Contracting Party shall, under any measure adopted after the date of entry into force of this Agreement and covered by its Schedule in Annex II, require an investor of the other Contracting Party, by reason of its nationality, to sell or otherwise dispose of an investment that exists at the time when the measure becomes effective. 4. In cases where a Contracting Party makes an amendment or a modification to any existing non-conforming measure set out in its Schedule in Annex I or where a Contracting Party adopts any new or more restrictive measure with respect to sectors, sub-sectors, sectors or activities set out in its Schedule in Annex II after the date of entry into force of this Agreement, the Contracting Party shall, prior to the implementation of the amendment or modification or the new or more restrictive measureextent possible, or in exceptional circumstances, as soon as possible thereafter: (a) notify the other Contracting Party of detailed information on such amendment amendment, modification or modification, or such measure; and (b) hold, upon request by the other Contracting Party, consultations in good faith with the other Contracting Party with a view to achieving mutual satisfaction. 5. Each Contracting Party shall endeavourendeavor, where appropriate, to reduce or eliminate the non-conforming measures specified in its Schedules in Annexes I and II respectively. 6. Articles 23, 3 4, 8 and 6 9 shall not apply to any measure covered by the exceptions to, or derogations from, obligations under Articles 3 and 4 of the TRIPS Agreement, as specifically provided in Articles 3 through 5 of the TRIPS Agreement. 7. Articles 23, 3 4, 8 and 6 9 shall not apply to any measure that a Contracting Party adopts or maintains with respect to government procurement. 8. Articles 3, 4, 8 and 9 shall not apply to subsidies or grants provided by a Contracting Party, including government- supported loans, guarantees, and insurance.

Non-Conforming Measures. 1. Articles 2, 3 and 6 shall not apply to: (a) any existing non-conforming measure that is Maintained maintained by the following, as set out in the Schedule of each Contracting Party in Annex I: (i) the central government of a Contracting Party; or (ii) a prefecture of Japan Japan, or a province or a Municipality region of the Republic of Mozambique;Armenia; For the purpose of this Article, the term "region" means a marz or Yerevan city. (b) any existing non-conforming measure that is maintained by a local government other than a prefecture and or a province and a municipality region referred to in subparagraph (a)(iia) (ii); (c) the continuation or prompt renewal of any nonconforming non- conforming measure referred to in subparagraphs subparagraphs (a) and (b); or (d) an amendment or modification to any nonconforming non- conforming measure referred to in subparagraphs subparagraphs (a) and (b), provided that the amendment or modification does not decrease the conformity of the measure measure, as it existed immediately before the amendment or modification modification, with Articles 2, 3 and 6. 2. Articles 2, 3 and 6 shall not apply to any measure that a Contracting Party adopts or maintains with respect to sectors, sub-sectors or activities set out in its Schedule in Annex II. 3. Neither Contracting Party shall, under any measure adopted after the date of entry into force of this Agreement and covered by its Schedule in Annex II▇▇▇▇▇ ▇▇, require an investor of the other Contracting Party, by reason of its nationality, to sell or otherwise dispose of an investment that exists at the time when the measure becomes effective. 4. In cases where a Contracting Party makes an amendment or a modification to any existing non-conforming measure set out in its Schedule in Annex I or where a Contracting Party adopts any new or more restrictive measure with respect to sectors, sub-sectors, sectors or activities set out in its Schedule in Annex II after the date of entry into force of this Agreement, the Contracting Party shall, prior to the implementation of the amendment or modification or the new or more restrictive measure, or in exceptional circumstances, as aS soon as possible thereafter: (a) notify the other Contracting Party of detailed information on such amendment or modification, or such measure; and (b) hold, upon request by the other Contracting Party, consultations in good faith with the other Contracting Party with a view to achieving mutual satisfaction. 5. Each Contracting Party shall endeavour, where appropriate, to reduce or eliminate the non-conforming measures specified in its Schedules in Annexes I and II respectively. 6. Articles 2, 2 and 3 and 6 shall not apply to any measure covered by the exceptions to, or derogations from, obligations under Articles 3 and 4 of the TRIPS Agreement, as specifically provided in Articles 3 through 5 of the TRIPS Agreement. 7. Articles 2, 3 and 6 shall not apply to any measure that a Contracting Party adopts or maintains with respect to government procurement.