Where one of the Parties considers that the other Party has failed to fulfil an obligation under this Agreement it may take appropriate measures. Before doing so, it must supply the Joint Committee within 30 days with all the relevant information required for a thorough examination of the situation with a view to seeking a solution acceptable to the Parties. In this selection of measures, priority must be given to those measures which least disturb the functioning of this Agreement. These measures shall be notified immediately to the Joint Committee and shall be the subject of consultations in the Committee if the other Party so requests.
Where one of the State includes in the profits of an enterprise of that State - and taxes accordingly - profits on which an enterprise of the other State has been charged to tax in that other State and the profits so included are profits which would have accrued to the enterprise of the first-mentioned State if the conditions made between the two enterprises had been those which would have been made between independent enterprises, then that other State shall make an appropriate adjustment to the amount of the tax charged therein on those profits. In determining such adjustment, due regard shall be had to the other provisions of this Convention and the competent authorities of the States shall if necessary consult each other.
Where one of the parties to this Agreement alleges that the other party has failed to conform to their obligations under this Agreement, the parties agree:
(a) the one party will notify the other party in writing of the particulars of the alleged default (the “Default Notice”);
(b) to indicate in the Default Notice, the steps to be taken to remedy the situation, and set out a reasonable period of time within which steps may be taken; and
(c) where the party that gave the Default Notice alleges that the other party has not remedied the situation within the period of time set out, that party will file a complaint through the process set out in the NSO Appeals Policy.
Where one of the Parties requests an amendment in accordance with the Article 16 (B) herein, the Party shall inform the other Party in a written notice and the other Party shall respond to the request in writing within 15 days (including the 15th). It is deemed disagreement on the requested amendment if the requested Party doesn’t respond within 15 days.
Where one of the parties believe a staffing proposal subject to LCC consultation may contravene this Agreement, the Award or relevant legislation, that party will advise the other such that there will be timely consultation in an endeavour to resolve any dispute at the local level wherever possible.
Where one of the Parties wishes to use such information for other purposes, it shall obtain the prior written consent of the authority which provided the information. Such use shall then be subject to any restrictions laid down by that authority.
Where one of the parties fails to notify the other the name of its nominee to the Board of Arbitration, the other party may apply to the Minister responsible for the Labour Act requesting that Minister to choose a person deemed suitable for the purpose. Where the Minister chooses such a person that person shall be deemed to be the nominee of the party who failed to give notice of the name of its nominee.
Where one of the following legal acts provides for the development of proposals for terms and conditions or methodologies for the implementation of network codes and guidelines which require the approval of all the regulatory authorities of the region concerned, those regulatory authorities shall agree unanimously on the common terms and conditions or methodologies to be approved by each of those regulatory authorities:
(a) a legislative act of the Union adopted under the ordinary legislative procedure;
(b) network codes and guidelines that were adopted before 4 July 2019 and subsequent revisions of those network codes and guidelines; or
(c) network codes and guidelines adopted as implementing acts pursuant to Article 5 of Regulation (EU) No 182/2011. […]
Where one of the Parties determines to make a direct payment to the other Party pursuant to Articles 35.1.12 (b) or (c) or or 35.1.13
(a) the Grantor and the Concessionaire shall agree:
(a) a payment schedule, milestones and means of verification of milestones in respect of each payment and the relevant Works and/or Services covered by the payment ;
(b) if the parties are unable to agree the payment schedule, milestones and means of verification of milestones then these shall be determined by the Independent Expert in accordance with Article 52.
Where one of the Parties determines to make a staggered payment to the other Party pursuant to Articles 39.7 (c) or Articles 39.9 (c) above:
(a) the Grantor and the Concessionaire shall agree on a payment schedule;
(b) if the parties are unable to agree the payment schedule, then these shall be determined by the Independent Expert in accordance with Article 52.
