Common use of Relations to other Agreements Clause in Contracts

Relations to other Agreements. 1. Unless otherwise provided for in this Agreement, previous agreements between the Union or its Member States and Viet Nam are not superseded or terminated by this Agreement. 2. This Agreement shall be part of the overall relations between the Union and its Member States, of the one part, and Viet Nam, of the other part, as provided for in the Partnership and Cooperation Agreement and it shall form part of the common institutional framework. 3. Nothing in this Agreement shall be construed as requiring a Party to act in a manner inconsistent with their obligations under the Marrakesh Agreement Establishing the World Trade Organization, done at Marrakesh on 15 April 1994. 4. Upon the entry into force of this Agreement, the agreements between Member States of the Union and Viet Nam listed in Annex 6 (List of Investment Agreements) including the rights and obligations derived therefrom, shall be terminated and cease to have effect, and shall be replaced and superseded by this Agreement.1 5. In the event of the provisional application pursuant to paragraph 4 of Article 4.13 (Entry into Force) the application of the provisions of the agreements listed in Annex 6 (List of Investment Agreements), as well as the rights and obligations derived therefrom, shall be suspended as of the date of provisional application.2 In the event that the provisional application of this Agreement is terminated and this Agreement does not enter into force, the suspension shall cease and the agreements listed in Annex 6 (List of Investment Agreements) shall have effect.3 6. Notwithstanding paragraphs 4 and 5, a claim may be submitted pursuant to an agreement listed in Annex 6 (List of Investment Agreements), in accordance with the rules and procedures established in that agreement, provided that: (a) the claim arises from an alleged breach of that agreement that took place prior to the date of suspension of the application of the agreement pursuant to paragraph 5 or, if the application of the agreement is not suspended pursuant to paragraph 5, prior to the date of entry into force of this Agreement; and 1 The Parties share the understanding that the "sunset clauses" included in the agreements listed in Annex 6 (List of Investment Agreements ) shall also cease to have effect. 2 The Parties share the understanding that the "sunset clauses" included in the agreements listed in Annex 6 (List of Investment Agreements ) shall also be suspended. 3 For greater certainty, this sentence shall not bring into effect those agreements that have not yet entered into force or were terminated in accordance with their own provisions. (b) no more than three years have elapsed from the date of suspension of the application of the agreement pursuant to paragraph 5 or, if the application of the agreement is not suspended pursuant to paragraph 5, from the date of entry into force of this Agreement until the date of submission of the claim. 7. Notwithstanding paragraphs 4 and 5, if the provisional application of this Agreement is terminated and this Agreement does not enter into force, a claim may be submitted pursuant to this Agreement, in accordance with the rules and procedures established in this Agreement, provided that: (a) the claim arises from an alleged breach of this Agreement that took place during the period of provisional application of this Agreement; and (b) no more than three years have elapsed from the date of termination of the provisional application until the date of submission of the claim. 8. For greater certainty, no claim may be submitted pursuant to this Agreement and in accordance with the rules and procedures established therein if the claim arises from an alleged breach of this Agreement that took place before the date of entry into force of this Agreement or, where this Agreement is provisionally applied, before the date of provisional application. 9. For the purposes of this Article, the definition of "entry into force of this Agreement" provided for in paragraph 7 of Article 4.13 (Entry into Force) does not apply. ARTICLE 4.21