Structuring and Delimitations Sample Clauses

Structuring and Delimitations. In addition to the decisions mentioned above, there have been other recent Commission decisions concerning State aid in taxation. In January 2016 the Commission concluded that Belgian “Excess Profit” tax scheme, which reduced certain multinational companies´ tax base artificially, was illegal State aid.27 Furthermore, the Commission has initiated State aid investigations on Luxembourg´s tax treatment of McDonald´s28 and Amazon29. However, this dissertation concentrates on the three abovementioned decisions of the Commission concerning the aid granted to Apple, Starbucks and Fiat. All these three decisions are about individually granted tax rulings that the Commission claims to be beneficial to the undertakings. The Belgian tax scheme case is about more general tax practice of a Member State and the XxXxxxxx´s and Amazon cases are still pending in the Commission. Since this dissertation concentrates on the legality of recent individual APA rulings from the perspective of State aid rules, this limitation is justifiable. Naturally, the criticism of the APA decisions is not limited to the claims concerning the topics of the research questions of this dissertation. There has been a lot of criticism of the Commission´s application and definition of the arm´s length principle in the APA decisions. For example, the Netherlands and Ireland claim that the Commission has defined incorrectly the arm´s length principle it has used when assessing the existence of advantage in the APA rulings. Furthermore, all the appellant Member States claim that the APA rulings did not actually deviate from the arm´s length principle.30 Also a number of legal scholars have criticized the Commission’s analysis of the derogation of arm´s length principle of the APA rulings.31 Nonetheless, this dissertation concentrates on the selectivity condition and the accessory issues presented in chapter 1.2. Therefore, in this dissertation I will not treat the questions about whether the APA decisions deviated from the arm´s length principle and whether the Commission´s application of arm´s length principle was correct. However, in order to be selective, the State aid measure has to favour certain undertakings. Therefore, the conditions of selectivity and advantage are strongly linked. In the case of the APA rulings, the advantage 27 Commission decision C(2015) 9837 The excess profit exemption State Aid Scheme implemented by Belgium, 11 January 2016, Article 1 of the conclusion. 28 Commission deci...
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  • ADDITIONS AND DELETIONS The author of this document has added information needed for its completion. The author may also have revised the text of thestandard form and Deletions notes added well as xxxxx standard formavailable fro xxxx.Xx info ion tem th inal AIA An Additions port that rmation as s to the xt is e author and should be reviewed. « »« » « » « » « » This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. AIA Document A201™–2017, Conditions of the Contract for Construction, is adopted in this document by reference. Do not use with other general conditions unless this document is modified. General for the following Project: (Name, location, and detailed description) «Tule River Tribe Casino & Hotel Project» «Porterville, CA 93257 » «Construction of a new casino of approximately 189,900 SF, hotel of approximately 110,497 SF, and events center of approximately 25,000 SF, with pool and other associated improvements and amenities » « » The Architect: (Name, legal status, address, and other information) «HBG Design Attn: Xxx Xxxxxxxxxx 000 Xxxxxxxx, Xxxxx 000 Xxx Xxxxx, XX 00000 619.858.7888 « » The Owner’s Designated Representative: (Name, address and other information) «Xxxxxx X. Xxxxxxxx Project Executive Summit Project Management (M): 000-000-0000 xxx@xxxxxx-xx.xxx » « » ELECTRONIC COPYING of any portion of this AIA® Document to another electronic file is prohibited and constitutes a violation of copyright laws as set forth in the footer of this document. The Owner, either directly or by and through its designated representative(s), may perform the duties and exercise the rights of Architect in administration of the Contract, the Project and the Work, as provided in the Contract Documents, including without limitation review and acceptance or rejection of Work, processing of applications for payment (progress and final), changes in the Work, Change Orders, and all acts and activities related thereto. Whenever and wherever Owner performs such duties and exercises such rights the term “Owner” or “Owner’s Representative” shall be deemed to be substituted for the term “Architect” wherever it appears in the Contract Documents. Notwithstanding the rm foregoing, the Owner is not a licensed design professional and shall not be required to perfo architect’s license is required. The Owner and Construction Manager agree as follows. any services for which an TABLE OF ARTICLES

  • Construction and Delegation If any term of this Agreement is found by a court or arbitrator of competent jurisdiction to be invalid, illegal or unenforceable, it shall be construed in such a way as to eliminate the offending aspects while still giving as much effect as possible to the intentions of such term. If this cannot be done and the entire term is invalid, illegal or unenforceable and cannot be so repaired, then the term shall be considered to be stricken from this Agreement as if it had not been included from the beginning. In any such case, the balance of this Agreement shall remain in effect in accordance with its remaining terms notwithstanding such invalid, illegal or unenforceable term. Neither the course of conduct between parties nor trade practice shall act to modify the provisions of this Agreement. We may authorize or allow our contractors and other third parties to provide the services necessary or related to making the Service available and to perform obligations and exercise our rights under this Agreement, and we may collect payment on their behalf, if applicable.

  • Shipping and Delivery a. The prices are the delivered price to any Purchasing Entity. All deliveries shall be F.O.B. destination, freight pre-paid, with all transportation and handling charges paid by the Contractor. Responsibility and liability for loss or damage shall remain the Contractor’s until final inspection and acceptance when responsibility shall pass to the Purchasing Entity except as to latent defects, fraud and Contractor’s warranty obligations. The minimum shipment amount, if any, will be found in the special terms and conditions. Any order for less than the specified amount is to be shipped with the freight prepaid and added as a separate item on the invoice. Any portion of an Order to be shipped without transportation charges that is back ordered shall be shipped without charge.

  • Data Export and Deletion 5.1. Export and Retrieval by Customer During the Subscription Term and subject to the Agreement, Customer can access its Personal Data at any time. Customer may export and retrieve its Personal Data in a standard format. Export and retrieval may be subject to technical limitations, in which case SAP and Customer will find a reasonable method to allow Customer access to Personal Data.

  • RECOGNITION AND DEFINITIONS 2.01 The Employer recognizes the Ontario Nurses’ Association as the exclusive bargaining agent for all registered nurses, and nurses with Temporary Certificates of Registration, employed in a nursing capacity at the Queen’s Family Health Team at Queen’s University in Kingston, save and except nurse manager and persons above the rank of nurse manager.

  • Introduction and definitions 1.1 This agreement (the “Grant Agreement”) consists of 23 Clauses, 2 Schedules and 2

  • Execution and Delivery The Guaranteeing Subsidiary agrees that the Guarantee shall remain in full force and effect notwithstanding the absence of the endorsement of any notation of such Guarantee on the Notes.

  • Transportation and Delivery Prices shall include all charges for packing, handling, freight, distribution, and inside delivery. Transportation of goods shall be FOB Destination to any point within thirty (30) days after the Customer places an Order. A Contractor, within five (5) days after receiving a purchase order, shall notify the Customer of any potential delivery delays. Evidence of inability or intentional delays shall be cause for Contract cancellation and Contractor suspension.

  • Tasks and Deliverables A description of and the schedule for each task and deliverable, illustrated by a Xxxxx chart. Start and completion dates for each task, milestone, and deliverable shall be indicated. Must include deliverables specified in SOW-RFP as well as other deliverables that may be proposed by Contractor.

  • Orders and Delivery 7.1 The Post Office will from time to time, please written orders by way of the Purchase Orders with the Service Provider in respect of Goods.

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