Substantive Protection Sample Clauses

Substantive Protection. The elucidation of the concepts of ‘investment’ and ‘investor’ is found in footnotes of the TPP investment chapter, which limits its scope of application. With respect to the definition of investment, certain exclusions are considered in the definitions of ‘branch’,35 ‘loan’,36 and ‘investment authorization’.37 Regarding the definition of investor, of particular significance is a footnote that could limit pre-establishment protection,38 through the clarification of what the parties understand when an investor ‘attempts to make’ an investment, meaning that when that investor ‘has taken concrete action or actions to make an investment, such as channelling resources or capital in order to set up a business, or applying for permits or licenses’.39 But this is not novel for the Latin American countries that are signatories of the TPP (Chile, Mexico and Peru) as these limitations on pre-establishment were already considered with almost the same wording (although in Spanish) on the investment chapters of FTAs concluded between them, like in Chile–Peru FTA (2006), Mexico–Peru FTA (2012), and the Additional Protocol to the Framework Agreement of the Pacific Alliance (2014).40 Another novel addition is the clarification of the notion of ‘like circumstances’ in national treatment and most favoured nation (‘MFN’), according to which the analysis of these relative standards depends ‘on the totality of the circumstances, including whether the relevant treatment distinguishes between investors or investments on the basis of legitimate public 35 ‘For greater certainty, the inclusion of a ‘branch’ in the definitions of ‘enterprise’ and ‘enterprise of a Party’ is without prejudice to a Party’s ability to treat a branch under its laws as an entity that has no independent legal existence and is not separately organised’: Trans Pacific Partnership Agreement, signed 4 February 2016, [2016] ATNIF 2 (not yet in force) ch 9 n 1 (‘TPP’).
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Related to Substantive Protection

  • Eye Protection Approved eye protection shall be supplied to individual prescription to all employees who normally wear glasses and are required to wear eye protection for an appreciable amount of time in the performance of their duties.

  • Foot Protection The Employer reserves the right to require the wearing of foot protection by employees. In such cases, the Employer will provide a safety device or, if the Employer requires the employee to purchase approved safety shoes, the Employer will pay an allowance, not to exceed the established contract price approved by the State Purchasing Division, during January of each year.

  • Virus Protection The Bank is not responsible for any electronic virus or viruses that you may encounter. We suggest that you routinely scan your PC using a virus protection product. An undetected virus may corrupt and destroy your programs, files, and your hardware.

  • Wage Protection Wage protection will apply to regular employees hired prior to April 1, 2004, who have a pay rate greater than the Step 4 rate in Appendix A (Wage Grid), unless the employee successfully posts into a lower classification. Wage protection will apply to casual employees hired prior to April 1, 2004, who are paid at Step 4 of the classification in which the casual employee is working [see Appendix A (Wage Grid)]. Effective April 1, 2013, an employee with wage protection will receive 50% of all general wage increases until the new wage rate for their classification meets or exceeds their existing wage rate. Such increases shall be recognized as incumbent specific. Wage protection applies to:  additional straight-time hours worked by a regular full-time and regular part-time employee as per Clause 14.2(e) (Hours of Work) in their classification;  overtime hours in the employee's classification;  statutory holidays/annual vacation pay/sick leave; and  assignment of regular hours as per Clause 24.1(c) (Job Postings) in the employee's classification. Wage protection rates do not apply to:  additional straight-time hours worked by a regular full-time and regular part-time employee as per Clause 14.2(e) (Hours of Work) in a classification other than the employee's own. In such circumstances, they will be paid at Step 4 of the classification in which the employee is working. An employee will lose their wage protection (status) rates:  if they post to a different classification prior to April 1, 2013;  when they are demoted by the Employer as a result of disciplinary action;  when regular employees achieve a casual position except where it is a temporary assignment directed by the Employer;  when they bump under layoff provisions into a different job family or into a different grid level.

  • Job Protection 15.9.1 Subject to 15.10 below, an employee returning from parental leave is entitled to resume work in the same position or a similar position to the one they occupied at the time of commencing parental leave. A similar position means a position:

  • Hearing Protection Hearing protection devices that reduce noise exposure below 90 dba shall be worn in all posted high noise areas, when performing work that generates noise above 90 dba, or when required by CCI Management.

  • Income Protection All workers will be covered by the extended Incolink Leisure Time Insurance and Income protection Scheme which provides defined weekly payments ($500 per week to workers with dependants, $400 per week to workers without dependants) for up to a maximum 104 weeks in the event of an extended work absence arising from any personal illness or injury (whether or not work related). The costs of this benefit will be shared between Incolink and the company on a 30/70 basis. Agreed premium costs will be: Incolink - $2.10 per week/worker Employer - $4.90 per week/worker It is a condition of the company’s agreement to provide this benefit that premium costs be maintained at not more than the February 1998 equivalent. In the event of premium costs escalating, the parties are agreed that the benefits table will be revised downwards so as to contain premium costs within the agreed limits. To maintain this cover the company agrees to pay the amounts every week for each employee. In the event the company does not maintain the above policy, the company will be liable in full to pay equivalent benefits to an employee who meets eligibility criteria as set out in the policy document.

  • System Protection To prevent compromise of systems which contain DSHS Data or through which that Data passes:

  • Staff Protection A. The District shall protect certificated employees acting within the scope of their employment by purchasing liability insurance in the amount of at least five million dollars ($5,000,000) per occurrence, and the District shall include the certificated employees as named insured under the liability insurance and errors and omissions policy of the school district.

  • Fire Protection Contractor shall take adequate and reasonable precautions to protect the Work against damage by fire and smoke. For example, without limitation, Contractor shall do the following:

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