Common use of Non-Conforming Measures Clause in Contracts

Non-Conforming Measures. 1. Articles 9.3, 9.4, 9.9, and 9.10 shall 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, or (ii) 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 Article 9.3, 9.4, 9.9, or 9.10. 2. Articles 9.3, 9.4, 9.9, and 9.10 shall 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 9.3 and 9.4 shall not apply to any measure that is an exception to, or derogation from, the obligations under Article 15.7 (General Provisions) as specifically provided in that Article. 5. Articles 9.3, 9.4, and 9.10 shall 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 9.310.03, 9.410.04, 9.910.09, and 9.10 shall 10.10 do not apply to: : (a) any existing non- non-conforming measure that is maintained by a Party at at: (i) the central level of government, as set out by that Party in its Schedule to Annex I, or ; or (ii) a local level of government; ; (b) the continuation or prompt renewal of any non-conforming measure referred to in subparagraph (a); or or (c) an amendment to any non-conforming measure referred to in subparagraph subparagraph (a) to the extent that the amendment does not decrease the conformity of the measure, as it existed immediately before the amendment, with Article 9.3Articles 10.03, 9.410.04, 9.910.09, or 9.10. 10.10. 2. Articles 9.310.03, 9.410.04, 9.910.09, and 9.10 shall 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 Party, by reason of its nationality, to sell or otherwise dispose of an investment existing at the time the measure becomes effective. . 4. Articles 9.3 and 9.4 shall not apply to any measure that is an exception to10.03, or derogation from, the obligations under Article 15.7 (General Provisions) as specifically provided in that Article. 5. Articles 9.3, 9.410.04, and 9.10 shall 10.10 do not apply to: : (a) government procurement; or or (b) subsidies or grants provided by a Party, including government-supported loans, guarantees, and insurance.