Common use of NON-IMPLEMENTATION AND SUSPENSION OF BENEFITS Clause in Contracts

NON-IMPLEMENTATION AND SUSPENSION OF BENEFITS. 1. If a Panel has made a determinations of the type described in Article 20.10.2, and the Parties are unable to reach an agreement on a resolution pursuant to Article 20.10.1, within 30 days of receiving the final report, or such other period as the Parties may agree, the Party complained against shall enter into negotiations with the complaining Party with a view to developing mutually acceptable compensation. 2. If the Parties: (a) are unable to agree on compensation within 30 days after the period for developing such compensation has begun; or (b) have agreed on compensation or on a resolution pursuant to Article 20.10.1, and the complaining Party considers that the Party complained against has failed to observe the terms of the agreement, the complaining Party may at any time thereafter provide written notice to the Party complained against that it intends to suspend the application to the Party complained against of benefits of equivalent effect. The notice shall specify the level of benefits that the complaining Party proposes to suspend. The complaining Party may begin 6. The complaining Party may suspend benefits up to the level the panel has determined under paragraph 5 or, if the panel has not determined the level, the level the Party has proposed to suspend under paragraph 2, unless the panel has determined that the Party complained against has eliminated the non-conformity or the nullification or impairment.