Nonconforming Measures Sample Clauses

Nonconforming Measures. 1. Articles 11.3, 11.4, 11.7 and 11.8 shall not apply to: a) any existing non-conforming measure maintained by a Party: i) at the federal or national level, as stipulated in its Annex I List (Non-Conforming Measures); ii) at the state or regional level, for 6 months after the entry into force of this Agreement and thereafter, as a Party may indicate in its Schedule to Annex I (Nonconforming Measures), in accordance with paragraph 2; or iii) at the municipal or local level; b) the continuation or prompt renewal of any nonconforming measure referred to in subsection (a); or c) the modification of any nonconforming measure referred to in subparagraph (a) provided that such modification does not diminish the degree of conformity of the measure, as in effect prior to the modification, with Articles 11.3, 11.4, 11.7, and 11.8.
Sample 1
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Nonconforming Measures. 1. Articles 14.2, 14.3, 14.5 and 14.9 do not apply to: (a) any existing non-conforming measure maintained by one of the Parties at the level: (i) of the national government, as indicated in Section I of its list in Xxxxx XXX; (ii) of the sub-national government; (b) the continuation or prompt renewal of a nonconforming measure referred to in subparagraph (a); or (c) an amendment to any non-conforming measure referred to in subparagraph (a) provided that such amendment does not diminish the conformity of the measure, as in effect immediately before the amendment, with Articles 14.2, 14.3, 14.5 and 14.9.
Sample 1
Nonconforming Measures. 1. Articles 8.5, 8.6, and 8.10 shall not apply to: (a) Any existing non-conforming measure at the central, regional, provincial, municipal or local level that is maintained by a Party; (b) The continuation or prompt renewal of any nonconforming measure referred to in subparagraph (a), or (c) The amendment or modification of any nonconforming measure referred to in subparagraph (a) to the extent that the amendment or modification does not diminish the degree of conformity of the measure as it existed immediately before the amendment or modification with Articles 8.5, 8.6 and 8.10. 2. Articles 8.5, 8.6 and 8.10 shall not apply to any measure that a Party adopts or maintains, in relation to sectors, subsectors or activities, as indicated in its Schedule to Annex 8.11. 3. No Party may require, pursuant to any measure adopted after the date of entry into force of this Agreement and included in its Schedule to Annex 8.11, 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. In the event that a Party adopts any measure after the entry into force of this Agreement with respect to sectors, subsectors or activities as set forth in its Schedule to Annex 8.11, the Party shall, to the extent possible, notify the other Party of such measure. 5. Articles 8.5 and 8.6 shall not apply to any measure that constitutes an exception to or derogation from the obligations under the TRIPS Agreement, as specifically provided for in that Agreement. 6. The provisions of Articles 8.5, 8.6 and 8.10 shall not apply with respect to: (a) Public procurement, or (b) Subsidies or grants provided by a Party, including government-backed loans, guarantees and insurance. 7. For greater certainty, any amendment or modification to a Party's Schedule to Annex 8.11 pursuant to this Article shall be made in accordance with Article 20.3 (Amendments). 8. For greater certainty, nothing in this Article shall apply to any measure affecting trade in services through commercial presence in any sector or sub-sector, whether or not listed in Chapter 9 (Trade in Services). With respect to investors ofa Party that have made a protected investment in a services sector or sub-sector and their investments, the Parties reserve the right to adopt future measures in all those sectors and sub-sectors not committed and not bound in the respective Schedules of specific commitments in Annex 9.6.
Sample 1
Nonconforming Measures. 1. Articles 12.2, 12.3, 12.5 and 12.6 shall not apply to: (a) any non-conforming measure existing or maintained by a Party in: (i) the central or regional level of government, as specified by that Party in its Schedule to Annex I; or (ii) a local level of government; (b) the continuation or prompt renewal of any nonconforming measure referred to in subparagraph (a); or (c) the modification of any nonconforming measure referred to in subparagraph (a) provided that such modification does not diminish the degree of conformity of the measure, as in effect immediately before the modification, with Articles 12.2, 12.3, 12.5, and 12.6.
Sample 1
Nonconforming Measures. 1. Articles 13.3, 13.4, 13.5 and 13.6 do not apply to: (a) any existing non-conforming measure maintained by a Party in: (i) the central level of government, as stipulated by that Party in its Schedule to Xxxxx X; (ii) a regional level of government, as specified by that Party in its Schedule to Annex I; or (iii) a local level of government; (b) the continuation or prompt renewal of any nonconforming measure referred to in subparagraph (a); or (c) the modification of any non-conforming measure referred to in subparagraph (a), provided that such modification does not diminish the conformity of the measure, as in effect immediately before the modification, with Articles 13.3, 13.4, 13.5 or 13.6.
Sample 1
Nonconforming Measures. 1. Articles 9.3, 9.4, 9.5, and 9.6 do not apply to: (a) any existing non-conforming measure that is maintained by a Party in: (i) the government at the central level, as set out by that Party in its Schedule to Xxxxx X; (ii) the government at the regional level, as set out by that Party in its Schedule to Annex I; or (iii) a local level government; (b) the continuation or prompt renewal of any non-conforming measure referred to in subparagraph (a), or (c) the modification of any non-conforming measure referred to in subparagraph (a), provided that such modification does not diminish the conformity of the measure with Articles 9.3, 9.4, 9.5 and 9.6 as in effect immediately before the modification. 2. Articles 9.3, 9.4, 9.5, and 9.6 do not apply to any measure that a Party adopts or maintains in relation to sectors, sub- sectors, or activities as set out in its Schedule to Annex II.
Sample 1
Nonconforming Measures. 1. Article 10.3 (National Treatment), Article 10.4 (MostFavoured Nation Treatment), Article 10.7 (Performance Requirements) and Article 10.13 (Senior Management and BoardofDirectors) do not applyto: (a) anyexisting nonconforming measure thatismaintained by a Partyinregard to investment and investors at: (i) the central level of government, as set out by that Party in Annex 11B (Peru's CrossBorder Trade in Services and Investment Reservations for Existing Measures and Liberalisation Commitments) and Annex 11C (Singapore's CrossBorder Trade in Services and Investment Reservations for Existing Measures and Liberalisation Commitments), as applicable to the Party; (ii) a regional level of government, as set out by that Party in Annex 11B (Peru's CrossBorder Trade in Services and Investment Reservations for Existing Measures and Liberalisation Commitments) and Annex 11C (Singapore's CrossBorder Trade in Services and Investment Reservations for Existing Measures and Liberalisation Commitments), as applicable to the Party;or (ii) a locallevelofgovernment; (b) the continuationorpromptrenewalofanynonconforming measure referred to insubparagraph(a); or (c) an amendment to any nonconforming 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 10.3 (National Treatment),
Sample 1
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Nonconforming Measures. 1. Articles 11.3, 11.4, 11.6, 11.7, and 11.10 shall not apply to: (a) any existing non-conforming measure that is maintained by a Party at the central level, as indicated in Section A of its Schedule to Annex III; (b) the continuation or prompt renewal of a non-conforming measure referred to in subparagraph (a); or (c) a modification of any nonconforming measure referred to in subparagraph (a) provided that such modification does not diminish the conformity of the measure as it was in effect: (i) immediately before the modification, with Articles 11.3, 11.4, 11.6, and 11.10; or (ii) on the date of entry into force of this Agreement, with Article 11.7.
Sample 1
Nonconforming Measures. Articles 10.4, 10.5 and 10.7 do not apply to:
Sample 1

Related to Nonconforming Measures

  • 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.

  • Nonconforming Work 5.6.1 Rejection, Removal and Replacement of Nonconforming Work

  • Corrective Measures If the Participating Generator fails to meet or maintain the requirements set forth in this Agreement and/or the CAISO Tariff, the CAISO shall be permitted to take any of the measures, contained or referenced in the CAISO Tariff, which the CAISO deems to be necessary to correct the situation.

  • Benchmark Replacement Conforming Changes In connection with the use, administration, adoption or implementation of a Benchmark Replacement, the Administrative Agent will have the right to make Conforming Changes from time to time and, notwithstanding anything to the contrary herein or in any other Loan Document, any amendments implementing such Conforming Changes will become effective without any further action or consent of any other party to this Agreement or any other Loan Document.

  • Non-Conforming Product (a) Within [*****] of Chiesi’s receipt of an order for the Product, Chiesi may reject any such order or portion thereof that (i) does not conform to the warranty under Section 8.1 above, including to the Specifications, or (ii) is based on any claimed shortage in quantity, provided that such non-conformity in (i) above is not due to any failure by Chiesi, its Affiliates, agents or representatives to ship, handle, maintain, or store the Product as required under the Specifications. Kamada shall reasonably assist Chiesi in performing any such testing by providing to Chiesi any necessary technical information to accomplish such testing by Chiesi. Chiesi shall notify Kamada in writing within such [*****] period of its rejection of any order or portion thereof of the Product delivered by Kamada, which notice of rejection must contain the reason for such rejection; provided, however, that this limitation shall not apply to hidden defects in the Product. In the case of hidden defects, Chiesi shall have [*****] days from the date it becomes aware or reasonably should have become aware of any hidden defect to reject any order of the Product in accordance with applicable terms and conditions hereof. [*****] Confidential portions of this document have been redacted and filed separately with the Securities and Exchange Commission. (b) In the event of the rejection of the Product under this Section 8.2, or any other nonconformity or defect which the Parties mutually agree is a proper basis for rejection, and if such rejection is appropriately made by Chiesi, Kamada shall use its Best Reasonable Efforts to replace the rejected Product or make up the shortage at its expense within [*****] of the notice of such rejection or shortage, and in any case as soon as reasonably possible after receiving such notice, at no additional cost to Chiesi (including shipping and transportation costs), and Kamada shall make arrangements with Chiesi for the return or disposal of any rejected Product, such return shipping or disposal charges to be paid by Kamada. (c) In the event of a conflict regarding whether or not the Product conforms to the warranty under Section 8.1 above, including to the Specifications at the time of delivery, and Chiesi and Kamada are unable to resolve such conflict after a good faith attempt by both Parties to resolve such matter in a period of [*****] days after the conflict arises, a sample of the Product shall be submitted by Chiesi to an independent laboratory reasonably acceptable to both Parties for testing against the Specifications or other defect and the test results obtained by such laboratory shall be final and controlling for purposes of this Agreement. If the Parties are unable to agree upon such independent laboratory in a period of [*****] days after the conflict arises, such independent laboratory shall be selected by the President of the ICC. The fees and expenses of such laboratory testing shall be borne entirely by the Party against whom such laboratory’s findings are made. In the event the independent laboratory test results indicate that the Product in question did not meet the Specifications or is otherwise defective, Kamada shall use its Best Reasonable Efforts to replace the rejected Product at no additional cost to Chiesi within [*****] days after receipt of such results if replacement Product stock is available, and in any case as soon as reasonably possible after receipt of such independent laboratory test. In the event the independent laboratory test results indicate that the rejected Product in question meets the Specifications, then Chiesi shall pay all additional shipping and transportation costs, incurred by Kamada as a result of the conflict as well as the cost of the Products to the extent that such Products have not been previously paid for by Chiesi, and shall accept and pay for the previously rejected Product in accordance with all applicable provisions hereunder. (d) Without derogating from Section 4.2(e) and from any obligations that Kamada may have under this Agreement with respect to Third Party Claims, the foregoing shall be Chiesi’s sole and exclusive remedy with respect to non-conforming Products or shortages, and all other remedies at law or in equity shall not be available to Chiesi. [*****] Confidential portions of this document have been redacted and filed separately with the Securities and Exchange Commission.

  • Non-tariff Measures 1. A Party shall not adopt or maintain any non-tariff measures on the importation of any good of the other Party or on the exportation of any good destined for the territory of the other Party except in accordance with its WTO rights and obligations or in accordance with other provisions of this Agreement. 2. Each Party shall ensure its non-tariff measures permitted in paragraph 1 are not prepared, adopted or applied with a view to, or with the effect of, creating unnecessary obstacles to trade between the Parties.

  • RE-WEIGHING PRODUCT Deliveries are subject to re- weighing at the point of destination by the Authorized User. If shrinkage occurs which exceeds that normally allowable in the trade, the Authorized User shall have the option to require delivery of the difference in quantity or to reduce the payment accordingly. Such option shall be exercised in writing by the Authorized User.

  • Inspection and Rejection of Nonconforming Goods The Buyer has the right to inspect the Goods on or after the Delivery Date. Buyer, at its sole option, may inspect all or a sample of the Goods, and may reject all or any portion of the Goods if it determines the Goods are nonconforming or defective. If Buyer rejects any portion of the Goods, Buyer has the right, effective upon written notice to Seller, to: (a) rescind the Order in its entirety; (b) accept the Goods at a reasonably reduced price; or (c) reject the Goods and require replacement of the rejected Goods. If Buyer requires replacement of the Goods, Seller shall, at its expense, promptly replace the nonconforming Goods and pay for all related expenses, including, but not limited to, transportation charges for the return of the defective goods and the delivery of replacement Goods. If Seller fails to timely deliver replacement Goods, Buyer may replace them with goods from a third party and charge Seller the cost thereof and terminate this Order for cause pursuant to Section 19. Any inspection or other action by Buyer under this Section shall not reduce or otherwise affect Seller's obligations under the Order, and Buyer shall have the right to conduct further inspections after Seller has carried out its remedial actions.

  • Interim Measures 6.1 The Parties acknowledge that the British Columbia Claims Task Force made the following recommendation concerning Interim Measures:

  • Provisional Measures 1. The judicial authorities shall have the authority to order prompt and effective provisional measures: (a) to prevent an infringement of any intellectual property right from occurring, and in particular to prevent the entry into the channels of commerce in their jurisdiction of goods, including imported goods immediately after customs clearance; (b) to preserve relevant evidence in regard to the alleged infringement. 2. The judicial authorities shall have the authority to adopt provisional measures inaudita altera parte where appropriate, in particular where any delay is likely to cause irreparable harm to the right holder, or where there is a demonstrable risk of evidence being destroyed. 3. The judicial authorities shall have the authority to require the applicant to provide any reasonably available evidence in order to satisfy themselves with a sufficient degree of certainty that the applicant is the right holder and that the applicant’s right is being infringed or that such infringement is imminent, and to order the applicant to provide a security or equivalent assurance sufficient to protect the defendant and to prevent abuse. 4. Where provisional measures have been adopted inaudita altera parte, the parties affected shall be given notice, without delay after the execution of the measures at the latest. A review, including a right to be heard, shall take place upon request of the defendant with a view to deciding, within a reasonable period after the notification of the measures, whether these measures shall be modified, revoked or confirmed. 5. The applicant may be required to supply other information necessary for the identification of the goods concerned by the authority that will execute the provisional measures. 6. Without prejudice to paragraph 4, provisional measures taken on the basis of paragraphs 1 and 2 shall, upon request by the defendant, be revoked or otherwise cease to have effect, if proceedings leading to a decision on the merits of the case are not initiated within a reasonable period, to be determined by the judicial authority ordering the measures where a Member's law so permits or, in the absence of such a determination, not to exceed 20 working days or 31 calendar days, whichever is the longer. 7. Where the provisional measures are revoked or where they lapse due to any act or omission by the applicant, or where it is subsequently found that there has been no infringement or threat of infringement of an intellectual property right, the judicial authorities shall have the authority to order the applicant, upon request of the defendant, to provide the defendant appropriate compensation for any injury caused by these measures. 8. To the extent that any provisional measure can be ordered as a result of administrative procedures, such procedures shall conform to principles equivalent in substance to those set forth in this Section. SECTION 4: SPECIAL REQUIREMENTS RELATED TO BORDER MEASURES12

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