Serious Prejudice Sample Clauses

Serious Prejudice. 6.1 Serious prejudice in the sense of paragraph (c) of Article 5 shall be deemed to exist in the case of: (a) the total ad valorem subsidization of a product exceeding 5 per cent (b) subsidies to cover operating losses sustained by an industry (c) subsidies to cover operating losses sustained by an enterprise, other than one time measures which are non recurrent and cannot be repeated for that enterprise and which are given merely to provide time for the development of long term solutions and to avoid acute social problems (d) direct forgiveness of debt, i.e. forgiveness of government held debt, and grants to cover debt repayment. 6.2 Notwithstanding the provisions of paragraph 1, serious prejudice shall not be found if the subsidizing Member demonstrates that the subsidy in question has not resulted in any of the effects enumerated in paragraph 3. 6.3 Serious prejudice in the sense of paragraph (c) of Article 5 may arise in any case where one or several of the following apply: (a) the effect of the subsidy is to displace or impede the imports of a like product of another Member into the market of the subsidizing Member (b) the effect of the subsidy is to displace or impede the exports of a like product of another Member from a third country market (c) the effect of the subsidy is a significant price undercutting by the subsidized product as compared with the price of a like product of another Member in the same market or significant price suppression, price depression or lost sales in the same market (d) the effect of the subsidy is an increase in the world market share of the subsidizing Member in a particular subsidized primary product or commodity as compared to the average share it had during the previous period of three years and this increase follows a consistent trend over a period when subsidies have been granted. 6.4 For the purpose of paragraph 3(b), the displacement or impeding of exports shall include any case in which, subject to the provisions of paragraph 7, it has been demonstrated that there has been a change in relative shares of the market to the disadvantage of the non subsidized like product (over an appropriately representative period sufficient to demonstrate clear trends in the development of the market for the product concerned, which, in normal circumstances, shall be at least one year). "Change in relative shares of the market" shall include any of the following situations: (a) there is an increase in the market share of the sub...
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Serious Prejudice. 6.1 Serious prejudice in the sense of paragraph (c) of Article5 shall be deemed to exist in the case of: (a) the total ad Valorem subsidization14 of a product exceeding 5 per cent15 ;
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Serious Prejudice. 6.1 Serious prejudice in the sense of paragraph (c) of Article 5 shall be deemed to exist in the case of: (a) the total ad valorem subsidization14 of a product exceeding 5 per cent15; (b) subsidies to cover operating losses sustained by an industry; (c) subsidies to cover operating losses sustained by an enterprise, other than one‑time measures which are non‑recurrent and cannot be repeated for that enterprise and which are given merely to provide time for the development of long‑term solutions and to avoid acute social problems; (d) direct forgiveness of debt, i.
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Serious Prejudice. Serious prejudice in the sense of paragraph (c) of Article 5 shall be deemed to exist in the case of:
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Serious Prejudice. Any member wishing to make representations to the Council that its interests as a party to the Convention have been seriously prejudiced by the action of any one or more members affecting the operation of the Convention, shall do so in writing to the Executive Director. The Executive Director shall immediately arrange a meeting of the members concerned and shall notify the Executive Committee that the matter has been raised. If the matter is not satisfactorily resolved either in consultation between the parties or thereafter with the Executive Committee, it shall be referred to the Council and a special session shall be called for that purpose, if necessary.
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Serious Prejudice. 6.1 Serious prejudice in the sense of paragraph (c) of Article5 shall be deemed to exist in the case of: (a) the total ad Valorem subsidization14 of a product exceeding 5 per cent15 ; (b) subsidies to cover operating losses sustained by an industry; (c) subsidies to cover operating losses sustained by an enterprise, other than one-time measures which are non- recurrent and can not be repeated for the enterprise and which are given merely to provide time for the development of long-term solutions and to avoid acute social problems; (d) direct forgiveness of debt, i.e. forgiveness of government-held debt, and grants to cover debt repayment16 . ﺓﺭﻘﻔﻝﺍ ﻰﻨﻌﻤ ﺭﺎﻁﺍ ﻰﻓ ﺭﻴﻁﺨﻝﺍ ﺭﺭﻀﻝﺍ ﺩﻭﺠﻭ ﺽﺭﺘﻔﻴ ١-٦ :ﺔﻝﺎﺤ ﻰﻓ ٥ ﺓﺩﺎﻤﻝﺍ ﻥﻤ (ﺝ) ﻰـﻓ ٥ ﺯﻭﺎﺠﺘﻴ ﺎﻤ ﺞﺘﻨﻤﻝ ﻡﻋﺩﻝﺍ ١٤ﺔﻤﻴﻗ ﻰﻝﺎﻤﺠﺍ ﻥﺎﻜ ﺍﺫﺍ( ﺃ) ؛ ١٥ﺔﺌﺎﻤﻝﺍ ﺎـﻬﻠﻤﺤﺘﺘ ﻰـﺘﻝﺍ لﻴﻐـﺸﺘﻝﺍ ﺭﺌﺎﺴﺨ ﻰﻁﻐﺘ ﻰﺘﻝﺍ ﻡﻋﺩﻝﺍ (ﺏ) ؛ ﺎﻤ ﺔﻋﺎﻨﺼ ،ﺔـﺴﺴﺅﻤ ﺎﻬﻠﻤﺤﺘﺘ ﻰﺘﻝﺍ لﻴﻐﺸﺘﻝﺍ ﺭﺌﺎﺴﺨ ﺔﻴﻁﻐﺘﻝ ﻡﻋﺩﻝﺍ (ﺝ) ﻻﻭ ﺭﺘﺍﻭـﺘﺘ ﻻﻭ ﺓﺩـﺤﺍﻭ ﺓﺭﻤ ﺫﻔﻨﺘ ﻰﺘﻝﺍ ﺕﺍﺀﺍﺭـﺠﻻﺍ ﺭﻴﻏ ﺭﻴﻓﻭـﺘ ﺩﺭـﺠﻤﻝ ﺕﺤﻨﻤ ﻰﺘﻝﺍﻭ ﺔﺴﺴﺅﻤﻝﺍ ﻙﻠﺘ ﺎﻫﺭﺍﺭﻜﺘ ﻥﻜﻤﻴ لﻜﺎـﺸﻤ ﺏـﻨﺠﺘﻝﻭ لـﺠﻻﺍ ﺔـﻠﻴﻭﻁ لﻭﻠﺤ ﺩﺎﺠﻴﻻ ﺕـﻗﻭﻝﺍ ؛ ﺓﺩﺎﺤ ﺔﻴﻋﺎﻤﺘﺠﺍ ﻥﻭﻴﺩـﻝﺍ ﻥﻤ ﺀﺎﻔﻋﻻﺍ ﻯﺃ ، ﻥﻭﻴﺩﻝﺍ ﻥﻤ ﺭﺸﺎﺒﻤﻝﺍ ﺀﺎﻔﻋﻻﺍ (ﺩ) . ١٦ﻥﻭﻴﺩﻝﺍ ﺩﻴﺩﺴﺘ ﺔﻴﻁﻐﺘﻝ ﺢﻨﻤﻝﺍﻭ ، ﺔﻤﻭﻜﺤﻠﻝ ﻕﺤﺘﺴﺘ ﻰﺘﻝﺍ 6.2 Notwithstanding the provisions of paragraph 1, serious prejudice shall not be found if the subsidizing Member demonstrates that the subsidy in question has not resulted in any of the effects enumerated ﺭﺍﺭﻀﺍ ﺩﺠﻭﻴ ﻻ ، ١ ﺓﺭﻘﻔﻝﺍ ﻡﺎﻜﺤﺃ ﻥﻋ ﺭﻅﻨﻝﺍ ﺽﻐﺒﻭ ٢-٦ ﻡﻝ ﺭﻅﻨﻝﺍ ﺩﻴﻗ ﻡﻋﺩﻝﺍ ﻥﺃ ﻡﻋﺩﻝﺍ ﻡﺩﻘﻴ ﻯﺫﻝﺍ ﻭﻀﻌﻝﺍ ﻥـﻴﺒ ﺍﺫﺍ ﺭﻴﻁﺨ .٣ ﺓﺭﻘﻔﻝﺍ ﺎﻬﺘﺩﺩﻋ ﻰﺘﻝﺍ ﺭﺎﺜﻻﺍ ﻥﻤ ﺭﺎﺜﺁ ﻯﺃ ﻪﻨﻋ ﺞﺘﻨﻴ 14The total ad valorem subsidization shall be calculated in accordance with the provisions of Xxxxx XX. .ﺔﻴﻧﺪﳌﺍ ﺕﺍﺮﺋﺎﻄﻟﺍ ﻰﻠﻋ ﺔﻴﻋﺮﻔﻟﺍ ﺓﺮﻘﻔﻟﺍ ﻩﺬﻫ ﰱ ﺔﻴﺋﺪﺒﳌﺍ ﺔﳛﺮﺸﻟﺍ ﻖﺒﻄﻨﺗ ﻻ ،ﻑﺍﺮﻃﻷﺍ ﺓﺩﺪﻌﺘﻣ ﺓﺩﺪﳏ ﺪﻋﺍﻮﻘﻟ ﻊﻀﲣ ﻥﺃ ﺔﻴﻧﺪﳌﺍ ﺕﺍﺮﺋﺎﻄﻠﻟ ﻊﻗﻮﺘﳌﺍ ﻦﻣ ﻥﻷ ﺍﹰﺮﻈﻧ ١٥ 15 Since it is anticipated that civil aircraft will be subject to specific multilateral rules, the threshold in this subparagraph does not apply to civil aircraft. .ﺔﻴﻋﺮﻔﻟﺍ ﺓﺮﻘﻔﻟﺍ ﻩﺬﻫ ﻡﻮﻬﻔﻣ ﰱ ﺍﹰﲑﻄﺧ ﺍﹰﺭﺍﺮﺿﺍ ﻪﺗﺍﺫ ﺪﺣ ﰱ ﺍﺬﻫ ﻥﻮﻜﻳ ﻻ ،ﻊﻗﻮﺘﳌﺍ ﺕﺎﻌﻴﺒﳌﺍ ﻯﻮﺘﺴﻣ 16 Members recognize that where royalty-based financing for a civil aircraft programme is not being fully repaid due to the level of actual sales falling below the level of forecast sales, this does not in itself constitute serious prejudice for the purposes of this subparagraph. in paragraph 3. 6.3 Serious prejudice in the sense of paragraph (c) of Article 5 may arise in any case where one or several of the following apply:
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Serious Prejudice. 6.1 Serious prejudice in the sense of paragraph (c) of Article 5 shall be deemed to exist in the case of: (a) the total ad valorem subsidization14 of a product exceeding 5 per cent15; (b) subsidies to cover operating losses sustained by an industry; (c) subsidies to cover operating losses sustained by an enterprise, other than one-time measures which are non-recurrent and cannot be repeated for that enterprise and which are given merely to provide time for the development of long-term solutions and to avoid acute social problems; (d) direct forgiveness of debt, i.e. forgiveness of government-held debt, and grants to cover debt repayment.16 6.2 Notwithstanding the provisions of paragraph 1, serious prejudice shall not be found if the subsidizing Member demonstrates that the subsidy in question has not resulted in any of the effects enumerated in paragraph 3. 6.3 Serious prejudice in the sense of paragraph (c) of Article 5 may arise in any case where one or several of the following apply: (a) the effect of the subsidy is to displace or impede the imports of a like product of another Member into the market of the subsidizing Member; (b) the effect of the subsidy is to displace or impede the exports of a like product of another Member from a third country market; 13 The term "serious prejudice to the interests of another Member" is used in this Agreement in the same sense as it is used in paragraph 1 of Article XVI of GATT 1994, and includes threat of serious prejudice.‌ 14 The total ad valorem subsidization shall be calculated in accordance with the provisions of Annex IV.
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Related to Serious Prejudice

  • EVENTS CONSTITUTING MATERIAL BREACH OF AGREEMENT The Applicant shall be in Material Breach of this Agreement if it commits one or more of the following acts or omissions (each a “Material Breach”): A. The Application, any Application Supplement, or any Application Amendment on which this Agreement is approved is determined to be inaccurate as to any material representation, information, or fact or is not complete as to any material fact or representation or such application; B. The Applicant failed to complete Qualified Investment as required by Section 2.5.A. of this Agreement during the Qualifying Time Period; C. The Applicant failed to create and maintain the number of New Qualifying Jobs required by the Act; D. The Applicant failed to create and maintain the number of New Qualifying Jobs specified in Schedule C of the Application; E. The Applicant failed to pay at least the average weekly wage of all jobs in the county in which the jobs are located for all New Non-Qualifying Jobs created by the Applicant; F. The Applicant failed to provide payments to the District sufficient to protect future District revenues through payment of revenue offsets and other mechanisms as more fully described in Article IV of this Agreement; G. The Applicant failed to provide the payments to the District that protect the District from the payment of extraordinary education-related expenses related to the project to the extent and in the amounts that the Applicant agreed to provide such payments in Article V of this Agreement; H. The Applicant failed to provide the Supplemental Payments to the extent and in the amounts that the Applicant agreed to provide such Supplemental Payments in Article VI of this Agreement; I. The Applicant failed to create and Maintain Viable Presence on or with the Qualified Property as more fully specified in Article VIII of this Agreement; J. The Applicant failed to submit the reports required to be submitted by Section 8.2 to the satisfaction of the Comptroller; K. The Applicant failed to provide the District or the Comptroller with all information reasonably necessary for the District or the Comptroller to determine whether the Applicant is in compliance with its obligations, including, but not limited to, any employment obligations which may arise under this Agreement; L. The Applicant failed to allow authorized employees of the District, the Comptroller, the Appraisal District, or the State Auditor’s Office to have access to the Applicant’s Qualified Property or business records in order to inspect the project to determine compliance with the terms hereof or as necessary to properly appraise the Taxable Value of the Applicant’s Qualified Property under Sections 8.5 and 8.6; M. The Applicant failed to comply with a request by the State Auditor’s office to review and audit the Applicant’s compliance with this Agreement; N. The Applicant has made any payments to the District or to any other person or persons in any form for the payment or transfer of money or any other thing of value in recognition of, anticipation of, or consideration for this Agreement for limitation on Appraised Value made pursuant to Chapter 313 of the TEXAS TAX CODE, in excess of the amounts set forth in Articles IV, V and VI of this Agreement; O. The Applicant failed to comply with the conditions included in the certificate for limitation issued by the Comptroller.

  • WAIVER OF DEFAULT OR BREACH 7 Waiver by COUNTY of any default by CONTRACTOR shall not be considered a waiver of any 8 subsequent default. Waiver by COUNTY of any breach by CONTRACTOR of any provision of this 9 Agreement shall not be considered a waiver of any subsequent breach. Waiver by COUNTY of any 10 default or any breach by CONTRACTOR shall not be considered a modification of the terms of this 11 Agreement. 12 // 13 // 14 // 15 // 16 // 17 // 18 // 19 // 20 // 21 // 22 // 23 // 24 // 25 // 26 // 27 // 28 // 29 // 30 // 31 // 32 // 33 // 34 // 35 // 36 // 37 //