Common use of Non-Conforming Measures Clause in Contracts

Non-Conforming Measures. 1. Articles 10.3, 10.4, 10.7, and 10.8 do not apply to: (a) any existing non-conforming measure that is maintained by a Party at: (i) the central level of government, as set out by that Party in its Schedule to Annex I; (ii) a regional level of government, as set out by that Party in its Schedule to Annex I; or (iii) a local level of government; (b) the continuation or prompt renewal of any non-conforming measure referred to in subparagraph (a); or (c) an amendment to any non-conforming measure referred to in subparagraph (a) to the extent that the amendment does not decrease the conformity of the measure, as it existed immediately before the amendment, with Articles 10.3, 10.4, 10.7, and 10.8. 2. Articles 10.3, 10.4, 10.7, and 10.8 do not apply to any measure that a Party adopts or maintains with respect to sectors, subsectors, or activities, as set out in its Schedule to Annex II. 3. Neither Party may, under any measure adopted after the date of entry into force of this Agreement and covered by its Schedule to Annex II, require an investor of the other Party, by reason of its nationality, to sell or otherwise dispose of an investment existing at the time the measure becomes effective. 4. Articles 10.3 and 10.4 do not apply to any measure that is an exception to, or derogation from, the obligations under Article 17.5 (National Treatment – Intellectual Property Chapter) as specifically provided for in that Article. 5. Articles 10.3, 10.4, and 10.8 do not apply 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 10.3, 10.4, 10.7, and 10.8 do not apply to: (a) any existing non-conforming measure that is maintained by a Party at: (i) the central level of government, as set out by that Party in its Schedule to Annex I; (ii) a regional level of government, as set out by that Party in its Schedule to Annex I; or (iii) a local level of government; (b) the continuation or prompt renewal of any non-conforming measure referred to in subparagraph (a); or (c) an amendment to any non-conforming measure referred to in subparagraph (a) to the extent that the amendment does not decrease the conformity of the measure, as it existed immediately before the amendment, with Articles 10.3, 10.4, 10.7, and 10.8. 2. Articles 10.3, 10.4, 10.7, and 10.8 do not apply to any measure that a Party adopts or maintains with respect to sectors, subsectors, or activities, as set out in its Schedule to Annex II. 3. Neither Party may, under any measure adopted after the date of entry into force of this Agreement and covered by its Schedule to Annex II, require an investor of the other Party, by reason of its nationality, to sell or otherwise dispose of an investment existing at the time the measure becomes effective. 4. Articles 10.3 and 10.4 do not apply to any measure that is an exception to, or derogation from, the obligations under Article 17.5 (National Treatment – Intellectual Property Chapter) as specifically provided for in that Article. 5. Articles 10.3, 10.4, and 10.8 do not apply to: (a) government procurement; or (b) subsidies or grants provided by a Party, including government- government-supported loans, guarantees, and insurance.

Non-Conforming Measures. 1. Articles 10.3, 10.4, 10.710.8, and 10.8 10.9 do not apply to: (a) any existing non-conforming measure that is maintained by a Party at: (i) the central level of government, as set out by that Party in its Schedule to Annex I;, (ii) a regional level of government, as set out by that Party in its Schedule to Annex I; , or (iii) a local level of government; (b) the continuation or prompt renewal of any non-conforming measure referred to in subparagraph (a); or (c) an amendment to any non-conforming measure referred to in subparagraph (a) to the extent that the amendment does not decrease the conformity of the measure, as it existed immediately before the amendment, with Articles Article 10.3, 10.4, 10.710.8, and 10.8or 10.9. 2. Articles 10.3, 10.4, 10.710.8, and 10.8 10.9 do not apply to any measure that a Party adopts or maintains with respect to sectors, subsectors, or activities, as set out in its Schedule to Annex II. 3. Neither Party may, under any measure adopted after the date of entry into force of this Agreement and covered by its Schedule to Annex II, require an investor of the other Party, by reason of its nationality, to sell or otherwise dispose of an investment existing at the time the measure becomes effective. 4. Articles 10.3 and 10.4 do not apply to any measure that is an exception to, or derogation from, the obligations under Article 17.5 15.1.5 (National Treatment – Intellectual Property ChapterGeneral Provisions) as specifically provided for in that Article. 5. Articles 10.3, 10.4, and 10.8 10.9 do not apply to: (a) government procurement; or (b) subsidies or grants provided by a Party, including government- government-supported loans, guarantees, and insurance.

Non-Conforming Measures. 1. Articles 10.315.4, 10.4, 10.715.8, and 10.8 15.9 do not apply to: (a) any existing non-conforming measure that is maintained by a Party at: (i) the central level of government, as set out by that Party in its Schedule to Annex I;8A, (ii) a regional level of government, as set out by that Party in its Schedule to Annex I; orXxxxx 0X, xx (iiixxx) a local level of government; (b) the continuation or prompt renewal of any non-conforming measure referred to in subparagraph (a); or (c) an amendment to any non-conforming measure referred to in subparagraph (a) to the extent that the amendment does not decrease the conformity of the measure, as it existed immediately before the amendment, with Articles 10.315.4, 10.415.8, 10.7, and 10.8or 15.9. 2. Articles 10.315.4, 10.4, 10.715.8, and 10.8 15.9 do not apply to any measure that a Party adopts or maintains with respect to sectors, subsectorssub- sectors, or activities, as set out in its Schedule to Annex II.8B. 3. Neither Party may, under any measure adopted after the date of entry into force of this Agreement and covered by its Schedule to Annex II8B, require an investor of the other Party, by reason of its nationality, to sell or otherwise dispose of an investment existing at the time the measure becomes effective. 4. Articles 10.3 and 10.4 do Article 15.4 does not apply to any measure that is an exception to, or derogation from, the obligations under Article 17.5 16.1.3 (National Treatment – Intellectual Property ChapterGeneral Provisions) as specifically provided for in that Article. 5. Articles 10.3, 10.4, 15.4 and 10.8 15.9 do not apply to: (a) government procurement; or (b) subsidies or grants provided by a Party, including government- government-supported loans, guarantees, and insurance.

Non-Conforming Measures. 1. Articles 10.311.3, 10.411.4, 10.711.9, and 10.8 11.10 do not apply to: (a) any existing non-conforming measure that is maintained by a Party at: (i) the central level of government, as set out by that Party in its Schedule to Annex I;, (ii) a regional level of government, as set out by that Party in its Schedule to Annex I; , or (iii) a local level of government; (b) the continuation or prompt renewal of any non-conforming measure referred to in subparagraph sub-paragraph (a); or (c) an amendment to any non-conforming measure referred to in subparagraph sub-paragraph (a) to the extent that the amendment does not decrease the conformity of the measure, as it existed immediately before the amendment, with Articles 10.3Article 11.3, 10.411.4, 10.711.9, and 10.8or 11.10. 2. Articles 10.311.3, 10.411.4, 10.711.9, and 10.8 11.10 do not apply to any measure that a Party adopts or maintains with respect to sectors, subsectorssub-sectors, or activities, as set out in its Schedule to Annex II. 3. Neither Party may, under any measure adopted after the date of entry into force of this Agreement and covered by its Schedule to Annex II, require an investor of the other Party, by reason of its nationality, to sell or otherwise dispose of an investment existing at the time the measure becomes effective. 4. Articles 10.3 11.3 and 10.4 11.4 do not apply to any measure that is an exception to, or derogation from, the obligations under Article 17.5 17.1.6 (National Treatment – Intellectual Property ChapterTreatment) as specifically provided for in that Article. 5. Articles 10.311.3, 10.411.4, and 10.8 11.10 do not apply to: (a) government procurement; or (b) subsidies or grants provided by a Party, including government- government-supported loans, guarantees, and insurance.

Non-Conforming Measures. 1. Articles 10.3, 10.4, 10.710.9, and 10.8 10.10 do not apply to: (a) any existing non-conforming measure that is maintained by a Party at: (i) the central level of government, as set out by that Party in its Schedule to Annex I;, (ii) a regional level of government, as set out by that Party in its Schedule to Annex I; , or (iii) a local level of government; (b) the continuation or prompt renewal of any non-conforming measure referred to in subparagraph (a); or (c) an amendment to any non-conforming measure referred to in subparagraph (a) to the extent that the amendment does not decrease the conformity of the measure, as it existed immediately before the amendment, with Articles Article 10.3, 10.4, 10.710.9, and 10.8or 10.10. 2. Articles 10.3, 10.4, 10.710.9, and 10.8 10.10 do not apply to any measure that a Party adopts or maintains with respect to sectors, subsectors, or activities, as set out in its Schedule to Annex II. 3. Neither No Party may, under any measure adopted after the date of entry into force of this Agreement and covered by its Schedule to Annex II, require an investor of the other another Party, by reason of its nationality, to sell or otherwise dispose of an investment existing at the time the measure becomes effective. 4. Articles 10.3 and 10.4 do not apply to any measure that is an exception to, or derogation from, the obligations under paragraph 8 of Article 17.5 16.1 (National Treatment – Intellectual Property ChapterGeneral Provisions) as specifically provided for in that Article. 5. Articles 10.3, 10.4, and 10.8 10.10 do not apply to: (a) government procurement; or (b) subsidies or grants provided by a Party, including government- government-supported loans, guarantees, and insurance.

Non-Conforming Measures. 1. Articles 10.310.5, 10.410.6, 10.7, 10.11 and 10.8 do 10.12 shall not apply to:: 11 A Party shall, to the extent practicable, provide such notification to the other Party prior to denying the benefits of this Chapter. (a) any existing non-conforming measure that is maintained by a Party at: (i) the central level of government, as set out by that Party in its Schedule to Annex I; (ii) a regional level of government, as set out by that Party in its Schedule to Annex I; or (iiiii) a local level of government; (b) the continuation or prompt renewal of any non-conforming measure referred to in subparagraph (a); or (c) an amendment to any non-conforming measure referred to in subparagraph (a) to the extent that the amendment does not decrease the conformity of the measure, as it existed immediately before the amendment, with Articles 10.310.5, 10.410.6, 10.7, 10.11 and 10.810.12. 2. Articles 10.310.5, 10.410.6, 10.7, 10.11 and 10.8 10.12 do not apply to any measure that a Party adopts or maintains with respect to sectors, subsectors, or activities, as set out in its Schedule to Annex II. 3. Neither Party mayshall, under any measure adopted after the date of entry into force of this Agreement and covered by its Schedule to Annex IIXxxxx XX, require an investor of the other Party, by reason of its nationality, to sell or otherwise dispose of an investment existing at the time the measure becomes effective. 4. Articles 10.3 10.5 and 10.4 10.6 do not apply to any measure that is an exception to, or derogation from, the a Party's obligations under Article 17.5 (National Treatment – Intellectual Property Chapter) the TRIPS Agreement, as specifically provided for in that Articleagreement. 5. Articles 10.310.5, 10.4, 10.6 and 10.8 10.12 do not apply to: (a) government procurement; or (b) subsidies or grants provided by a Party, including government- government-supported loans, guarantees, and insurance. 6. The Parties will endeavour to progressively remove the non-conforming measures.

Non-Conforming Measures. 1. Articles 10.3, 10.4, 10.710.9, and 10.8 10.10 do not apply to: (a) any existing non-conforming measure that is maintained by a Party at: (i) the central level of government, as set out by that Party in its Schedule to Annex I;, (ii) a regional level of government, as set out by that Party in its Schedule to Annex I; , or (iii) a local level of government; (b) the continuation or prompt renewal of any non-conforming measure referred to in subparagraph (a); or (c) an amendment to any non-conforming measure referred to in subparagraph (a) to the extent that the amendment does not decrease the conformity of the measure, as it existed immediately before the amendment, with Articles Article 10.3, 10.4, 10.710.9, and 10.8or 10.10. 2. Articles 10.3, 10.4, 10.710.9, and 10.8 10.10 do not apply to any measure that a Party adopts or maintains with respect to sectors, subsectors, or activities, as set out in its Schedule to Annex II. 3. Neither Party may, under any measure adopted after the date of entry into force of this Agreement and covered by its Schedule to Annex II, require an investor of the other Party, by reason of its nationality, to sell or otherwise dispose of an investment existing at the time the measure becomes effective. 4. Articles 10.3 and 10.4 do not apply to any measure that is an exception to, or derogation from, the obligations under Article 17.5 15.1.6 (National Treatment – Intellectual Property ChapterGeneral Provisions) as specifically provided for in that Article. 5. Articles 10.3, 10.4, and 10.8 10.10 do not apply to: (a) government procurement; or (b) subsidies or grants provided by a Party, including government- government-supported loans, guarantees, and insurance.

Non-Conforming Measures. 1. Articles 10.311.3, 10.411.4, 10.711.8, and 10.8 11.9 do not apply to: (a) any Any existing non-conforming measure that is maintained by a Party at: (i) the central level of government, as set out by that Party in its Schedule to Annex I;, (ii) a regional level of government, as set out by that Party in its Schedule to Annex I; , (7) or (iii) a local level of government;; (8) (b) the continuation or prompt renewal of any non-conforming measure referred to in subparagraph (a); or (c) an amendment to any non-conforming measure referred to in subparagraph (a) to the extent that the amendment does not decrease the conformity of the measure, as it existed immediately before the amendment, with Articles 10.3Article 11.3, 10.411.4, 10.711.8, and 10.8or 11.9. 2. Articles 10.311.3, 10.411.4, 10.711.8, and 10.8 11.9 do not apply to any measure that a Party adopts or maintains with respect to sectors, subsectors, or activities, as set out in its Schedule to Annex II. 3. Neither Party may, under any measure adopted after the date of entry into force of this Agreement and covered by its Schedule to Annex II, require an investor of the other Party, by reason of its nationality, to sell or otherwise dispose of an investment existing at the time the measure becomes effective. 4. Articles 10.3 11.3 and 10.4 11.4 do not apply to any measure that is an exception to, or derogation from, the obligations under Article 17.5 18.1.6 (National Treatment – Intellectual Property ChapterGeneral Provisions) as specifically provided for in that Article. 5. Articles 10.311.3, 10.411.4, and 10.8 11.9 do not apply to: (a) government procurement; or (b) subsidies or grants provided by a Party, including government- government-supported loans, guarantees, and insurance.

Non-Conforming Measures. ‌ 1. Articles 10.3, 10.4, 10.710.9, and 10.8 10.10 do not apply to: (a) any existing non-conforming measure that is maintained by a Party at: (i) the central level of government, as set out by that Party in its Schedule to Annex I;, (ii) a regional level of government, as set out by that Party in its Schedule to Annex I; , or (iii) a local level of government; (b) the continuation or prompt renewal of any non-conforming measure referred to in subparagraph (a); or (c) an amendment to any non-conforming measure referred to in subparagraph (a) to the extent that the amendment does not decrease the conformity of the measure, as it existed immediately before the amendment, with Articles Article 10.3, 10.4, 10.710.9, and 10.8or 10.10. 2. Articles 10.3, 10.4, 10.710.9, and 10.8 10.10 do not apply to any measure that a Party adopts or maintains with respect to sectors, subsectors, or activities, as set out in its Schedule to Annex II. 3. Neither No Party may, under any measure adopted after the date of entry into force of this Agreement and covered by its Schedule to Annex II, require an investor of the other another Party, by reason of its nationality, to sell or otherwise dispose of an investment existing at the time the measure becomes effective. 4. Articles 10.3 and 10.4 do not apply to any measure that is an exception to, or derogation from, the obligations under paragraph 8 of Article 17.5 16.1 (National Treatment – Intellectual Property ChapterGeneral Provisions) as specifically provided for in that Article. 5. Articles 10.3, 10.4, and 10.8 10.10 do not apply to: (a) government procurement; or (b) subsidies or grants provided by a Party, including government- government-supported loans, guarantees, and insurance.

Non-Conforming Measures. 1. Articles 10.3, 10.4, 10.710.8, and 10.8 10.9 do not apply to: (a) any existing non-conforming measure that is maintained by a Party at: (i) the central level of government, as set out by that Party in its Schedule to Annex I;, (ii) a regional level of government, as set out by that Party in its Schedule to Annex I; , or (iii) a local level of government; (b) the continuation or prompt renewal of any non-conforming measure referred to in subparagraph (a); or (c) an amendment to any non-conforming measure referred to in subparagraph (a) to the extent that the amendment does not decrease the conformity of the measure, as it existed immediately before the amendment, with Articles Article 10.3, 10.4, 10.710.8, and 10.8or 10.9. 2. Articles 10.3, 10.4, 10.710.8, and 10.8 10.9 do not apply to any measure that a Party adopts or maintains with respect to sectors, subsectors, or activities, as set out in its Schedule to Annex II. 3. Neither Party may, under any measure adopted after the date of entry into force of this Agreement and covered by its Schedule to Annex II, require an investor of the other Party, by reason of its nationality, to sell or otherwise dispose of an investment existing at the time the measure becomes effective. 4. Articles 10.3 and 10.4 do not apply to any measure that is an exception to, or derogation from, the obligations under Article 17.5 15.1.5 (National Treatment – Intellectual Property ChapterGeneral Provisions) as specifically provided for in that Article. 5. Articles 10.3, 10.4, and 10.8 10.9 do not apply to: (a) government procurement; or (b) subsidies or grants provided by a Party, including government- government-supported loans, guarantees, and insurance.

Non-Conforming Measures. 1. Articles 10.3, 10.4, 10.710.8, and 10.8 10.9 do not apply to: (a) any existing non-conforming measure that is maintained by a Party at: (i) the central level of government, as set out by that Party in its Schedule to Annex I;, (ii) a regional level of government, as set out by that Party in its Schedule to Annex I; , or (iii) a local level of government; (b) the continuation or prompt renewal of any non-conforming measure referred to in subparagraph (a); or (c) an amendment to any non-conforming measure referred to in subparagraph (a) to the extent that the amendment does not decrease the conformity of the measure, as it existed immediately before the amendment, with Articles Article 10.3, 10.4, 10.710.8, and 10.8or 10.9. 2. Articles 10.3, 10.4, 10.710.8, and 10.8 10.9 do not apply to any measure that a Party adopts or maintains with respect to sectors, subsectors, or activities, as set out in its Schedule to Annex II. 3. Neither Party may, under any measure adopted after the date of entry into force of this Agreement and covered by its Schedule to Annex II, require an investor of the other Party, by reason of its nationality, to sell or otherwise dispose of an investment existing at the time the measure becomes effective. 4. Articles 10.3 and 10.4 do not apply to any measure that is an exception to, or derogation from, the obligations under Article 17.5 15.1.5 (National Treatment – Intellectual Property ChapterGeneral Provisions) as specifically provided for in that Article. 5. Articles 10.3, 10.4, and 10.8 do not apply to: (a) government procurement; or (b) subsidies or grants provided by a Party, including government- government-supported loans, guarantees, and insurance.

Non-Conforming Measures. 1. Articles 10.3, 10.4, 10.710.8, and 10.8 do not apply 10.9 Do Not Apply to: (a) any existing nonAny Existing Non-conforming measure that is maintained Measure That Is Maintained by a Party at: (i) the central level of government, as set out by that Party in its Schedule to Annex I;, (ii) a regional level of government, as set out by that Party in its Schedule to Annex I; |, or (iii) a local level of government; (b) the continuation or prompt renewal of any non-conforming measure referred to in subparagraph (a); or (c) an amendment to any non-conforming measure referred to in subparagraph (a) to the extent that the amendment does not decrease the conformity of the measure, as it existed immediately before the amendment, with Articles Article 10.3, 10.4, 10.710.8, and 10.8or 10.9. 2. Articles 10.3, 10.4, 10.710.8, and 10.8 10.9 do not apply to any measure that a Party adopts or maintains with respect to sectors, subsectors, or activities, as set out in its Schedule to Annex II. 3. Neither Party may, under any measure adopted after the date of entry into force of this Agreement and covered by its Schedule to Annex II, require an investor of the other Party, by reason of its nationality, to sell or otherwise dispose of an investment existing at the time the measure becomes effective. 4. Articles 10.3 and 10.4 do not apply to any measure that is an exception to, or derogation from, the obligations under Article 17.5 15.1.5 (National Treatment – Intellectual Property ChapterGeneral Provisions) as specifically provided for in that Article. 5. Articles 10.3, 10.4, and 10.8 10.9 do not apply to: (a) government procurement; or (b) subsidies or grants provided by a Party, including government- government-supported loans, guarantees, and insurance.