Scope of Application and Extent of Obligations Sample Clauses

Scope of Application and Extent of Obligations. 1. This Chapter applies to measures adopted or maintained by a Party relating to: a) financial institutions of the other Party; b) cross-border trade in financial services; and
Sample 1
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Scope of Application and Extent of Obligations. 1. This Chapter applies to measures that a Party adopts or maintains on cross-border trade in services by service suppliers of another Party, including those relating to: a) the production, distribution, marketing, sale and provision of a service; b) the purchase, payment or use of a service; c) access to, and use of: i) distribution and transportation systems related to the provision of a service; or il) public telecommunications networks and services; d) the presence in its territory of a service supplier of another Party, including services supplied by an enterprise once it has been established in accordance with agreed commitments; and e) the provision of a bond or other form of financial guarantee as a condition for the provision of a service. 2. This chapter does not apply to: a) air services, including domestic and international air transport, both scheduled and non- scheduled, as well as ancillary activities in support of air services, except: i) aircraft repair and maintenance services during the period in which an aircraft is removed from service; ii) specialized air services; and iil) computerized reservation systems; b) financial services; c) subsidies or grants provided by a Party or a state enterprise, including government- supported loans, guarantees and insurance; or d) governmental services or functions such as, but not limited to, law enforcement, social rehabilitation services, income security or insurance, social security or insurance, social welfare, public education, public training, health and child care. 3. Nothing in this chapter shall be construed to mean: a) impose any obligation on a Party with respect to a national of another Party who seeks to enter its labor market or who is permanently employed in its territory, or to confer any right on such national with respect to such entry or employment; or b) impose any obligation or confer any right on a Party with respect to government procurement by a Party or a state enterprise. 4. With respect to non-governmental bodies, as referred to in subparagraph b) of the definition of "measures adopted or maintained by a Party", exercising regulatory, administrative or other governmental authority delegated to it in accordance with domestic law, the federal or central government shall ensure that it takes such reasonable measures as may be available to it to ensure that such bodies comply with the provisions of this Chapter. 5. The provisions of this Chapter shall apply to the measures rela...
Sample 1
Scope of Application and Extent of Obligations. 1. This Chapter applies to measures adopted or maintained by a Party relating to: a) financial institutions of another Party; b) cross-border trade in financial services; and c) The Party shall not apply to investments of investors of another Party and investments of such investors in financial institutions in the territory of the Party, as well as to investments of the latter in companies that provide them with complementary or auxiliary services for the fulfillment of their corporate purpose. 2. This chapter does not apply to: a) activities or services that are part of public retirement plans or public social security systems; b) the use of financial resources owned by another Party; or c) other financial activities or services on behalf of, or with the guarantee of, the Party or its public entities. 3. In case of incompatibility between the provisions of this chapter and any other provision of this treaty, the provisions of this chapter shall prevail to the extent of the incompatibility. 4. Article 14-11 and Section B of Chapter XIV are incorporated into this chapter.
Sample 1
Scope of Application and Extent of Obligations. 1. Recognizing the dual role of telecommunication services, both as a specific sector of economic activity and as a means of providing services for other economic activities, this chapter applies to: a) measures adopted or maintained by a Party relating to the supply of public telecommunications services; b) measures adopted or maintained by a Party relating to the continued access to and use of public telecommunications networks or services by persons of another Party, including their access to and use when operating private networks to carry out intracorporate communications; c) measures adopted or maintained by a Party on the supply of value-added or enhanced services by persons of another Party in the territory of the former Party or across its borders; and d) measures relating to standardization with respect to connection of terminal or other equipment to public telecommunications networks. 2. Except to ensure that persons operating broadcasting stations and cable systems have continued access to and use of public telecommunications networks and services, this Chapter does not apply to any measure that a Party adopts or maintains relating to the broadcasting or cable distribution of radio or television programming. 3. Nothing in this chapter shall be construed to mean: a) oblige any Party to authorize a person of another Party to establish, construct, acquire, lease, operate or supply telecommunications networks or services; b) to compel any Party or to require any Party to require any person to establish, construct, acquire, lease, operate or supply public telecommunications networks or services that are not offered to the general public; c) prevent any Party from prohibiting persons operating private networks from using such networks to provide public telecommunications networks or services to third parties; or d) oblige a Party to require any person engaged in the broadcasting or cable distribution of radio or television programming to provide its cable distribution or broadcasting infrastructure as a public telecommunications network.
Sample 1
Scope of Application and Extent of Obligations. 1. This Chapter applies to measures adopted or maintained by a Party relating to: a) investors of another Party, in all matters relating to their investment; b) investments of investors of another Party made in the territory of the Party; and c) with respect to Article 14-07, all investments in the territory of the Party. 2. This chapter does not apply to: a) the economic activities reserved to each Party, as indicated in Annex III; b) measures adopted or maintained by a Party with respect to financial services; c) measures adopted by a Party to restrict the participation of investments of investors of another Party in its territory, for reasons of national security or public order; and d) disputes or claims arising prior to the entry into force of this treaty, or relating to events occurring prior to its entry into force, even if their effects remain after its entry into force. 3. This chapter applies throughout the territory of the Parties and at any level or order of government, notwithstanding any incompatible measures that may exist in their respective legislations. 4. Nothing in this Chapter shall be construed to prevent a Party from providing services or carrying out functions related to law enforcement, social rehabilitation services, pension or unemployment insurance or social security services, social welfare, public education, health and child protection.
Sample 1
Scope of Application and Extent of Obligations. 1. Recognizing the dual role of telecommunication services, both as a specific sector of economic activity and as a means of providing services for other economic activities, this chapter applies to: a) measures adopted or maintained by a Party relating to access to and continued use of public networks or telecommunications services by persons of another Party, including their access to and use when operating private networks to carry out intracorporate communications;
Sample 1

Related to Scope of Application and Extent of Obligations

  • Extent of Obligations The Parties shall ensure that all necessary measures are taken in order to give effect to the provisions of this Agreement in their respective territories, including ensuring that their respective regional and local governments and authorities, and non- governmental bodies in the exercise of governmental powers delegated to them by central, regional and local governments or authorities observe all obligations and commitments under this Agreement.

  • Reaffirmation of Obligations Each Loan Party (a) acknowledges and consents to all of the terms and conditions of this Amendment, (b) affirms all of its obligations under the Loan Documents and (c) agrees that this Amendment and all documents executed in connection herewith do not operate to reduce or discharge such Loan Party’s obligations under the Loan Documents.

  • Scope of Obligations 3.11.1 Notwithstanding anything to the contrary contained herein, AT&T-22STATE’s obligations under this Agreement shall apply only to: 3.11.1.1 the specific operating area(s) or portion thereof in which AT&T-22STATE is then deemed to be the ILEC under the Act (the “ILEC Territory”), and only to the extent that the CLEC is operating and offering service to End Users identified to be residing in such ILEC Territory; and 3.11.1.2 assets that AT&T-22STATE owns or leases and which are used in connection with AT&T- 22STATE’s provision to CLEC of any Interconnection Services provided or contemplated under this Agreement, the Act or any tariff or ancillary agreement referenced herein (individually and collectively, the “ILEC Assets”). 3.11.2 This Agreement sets forth the terms and conditions pursuant to which AT&T-22STATE agrees to provide CLEC with access to 251(c)(3) UNEs, Collocation under Section 251(c)(6), Interconnection under Section 251(c)(2) and/or Resale under Section 251(c)(4) in AT&T-22STATE’s incumbent local Exchange Areas for the provision of CLEC’s Telecommunications Services. The Parties acknowledge and agree that AT&T- 22STATE is only obligated to make available 251(c)(3) UNEs, Collocation under Section 251(c)(6), Interconnection under Section 251(c)(2) and/or Resale under Section 251(c)(4) to CLEC in AT&T- 22STATE’s incumbent local Exchange Areas. AT&T-22STATE has no obligation to provide such 251(c)(3) UNEs, Collocation, Interconnection and/or Resale, to CLEC for the purposes of CLEC providing and/or extending service outside of AT&T-22STATE’s incumbent local Exchange Areas. In addition, AT&T- 22STATE is not obligated to provision 251(c)(3) UNEs or to provide access to (251(c)(3) UNEs, Collocation under Section 251(c)(6), Interconnection under Section 251(c)(2) and/or Resale under Section 251(c)(4) and is not otherwise bound by any 251(c) obligations in geographic areas other than AT&T-22STATE’s incumbent local Exchange Areas. Therefore, the Parties understand and agree that the rates, terms and conditions set forth in this Agreement shall only apply to the Parties and be available to CLEC for provisioning Telecommunication Services within an AT&T-22STATE incumbent local Exchange Area(s) in the State in which this Agreement has been approved by the relevant state Commission and is in effect. 3.11.3 Throughout this Agreement, wherever there are references to Unbundled Network Elements that are to be provided by AT&T-22STATE under this Agreement, the Parties agree and acknowledge that their intent is for the Agreement to comply with Section 3.11.2 above, and require only the provision of Section 251(c)(3) UNEs.

  • Survival of Obligations Without prejudice to Sections 2(a)(iii) and 6(c)(ii), the obligations of the parties under this Agreement will survive the termination of any Transaction.

  • Revival and Reinstatement of Obligations; Certain Waivers If any member of the Lender Group repays, refunds, restores, or returns in whole or in part, any payment or property (including any proceeds of Collateral) previously paid or transferred to such member of the Lender Group in full or partial satisfaction of any Obligation or on account of any other obligation of any Loan Party under any Loan Document, because the payment, transfer, or the incurrence of the obligation so satisfied is asserted or declared to be void, voidable, or otherwise recoverable under any law relating to creditors’ rights, including provisions of the Bankruptcy Code relating to fraudulent transfers, preferences, or other voidable or recoverable obligations or transfers (each, a “Voidable Transfer”), or because such member of the Lender Group elects to do so on the reasonable advice of its counsel in connection with a claim that the payment, transfer, or incurrence is or may be a Voidable Transfer, then, as to any such Voidable Transfer, or the amount thereof that such member of the Lender Group elects to repay, restore, or return (including pursuant to a settlement of any claim in respect thereof), and as to all reasonable costs, expenses, and attorneys’ fees of such member of the Lender Group related thereto, (i) the liability of the Loan Parties with respect to the amount or property paid, refunded, restored, or returned will automatically and immediately be revived, reinstated, and restored and will exist and (ii) Agent’s Liens securing such liability shall be effective, revived, and remain in full force and effect, in each case, as fully as if such Voidable Transfer had never been made. If, prior to any of the foregoing, (A) Agent’s Liens shall have been released or terminated or (B) any provision of this Agreement shall have been terminated or cancelled, Agent’s Liens, or such provision of this Agreement, shall be reinstated in full force and effect and such prior release, termination, cancellation or surrender shall not diminish, release, discharge, impair or otherwise affect the obligation of any Loan Party in respect of such liability or any Collateral securing such liability.

  • Mitigation of Obligations If any Lender requests compensation under Section 2.18, or if the Borrower is required to pay any additional amount to any Lender or any Governmental Authority for the account of any Lender pursuant to Section 2.20, then such Lender shall use reasonable efforts to designate a different lending office for funding or booking its Loans hereunder or to assign its rights and obligations hereunder to another of its offices, branches or affiliates, if, in the sole judgment of such Lender, such designation or assignment (i) would eliminate or reduce amounts payable under Section 2.18 or Section 2.20, as the case may be, in the future and (ii) would not subject such Lender to any unreimbursed cost or expense and would not otherwise be disadvantageous to such Lender. The Borrower hereby agrees to pay all costs and expenses incurred by any Lender in connection with such designation or assignment.

  • Duration of Obligations The Manager’s obligation to provide Disentanglement Services will continue during the period commencing on the date that a Termination Notice is delivered and ending on the date on which the Successor Manager or the re-engaged Manager assumes all of the obligations of the Manager hereunder (the “Disentanglement Period”).

  • Application and Operation of Agreement Table Of Contents

  • Delegation of Obligations The Asset Representations Reviewer may not delegate or subcontract its obligations under this Agreement to any Person without the consent of the Issuer and the Servicer.

  • Confidentiality; Survival of Obligations The parties hereto agree that each shall treat confidentially the terms and conditions of this Agreement and all information provided by each party to the other regarding its business and operations. All confidential information provided by a party hereto shall be used by any other party hereto solely for the purpose of rendering services pursuant to this Agreement and, except as may be required in carrying out this Agreement, shall not be disclosed to any third party without the prior consent of such providing party. The foregoing shall not be applicable to any information that is publicly available when provided or thereafter becomes publicly available other than through a breach of this Agreement, or that is required to be disclosed by any bank examiner of the Custodian or any Subcustodian, any auditor of the parties hereto, by judicial or administrative process or otherwise by applicable law or regulation. The provisions of this Section 9.13 and Sections 9.01, 9.02, 9.03, 9.09, Section 2.28, Section 3.04, Section 7.01, Article V and Article VI hereof and any other rights or obligations incurred or accrued by any party hereto prior to termination of this Agreement shall survive any termination of this Agreement.

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