Where one of Sample Clauses
The 'Where one of' clause serves to specify that certain terms, conditions, or outcomes will apply if any one item from a defined list is present or occurs. In practice, this clause is used to set out multiple scenarios or triggers, such that if any single scenario from the list is met, the associated rights or obligations are activated. For example, it might state that a party may terminate the agreement if one of several listed breaches occurs. This clause ensures clarity by explicitly linking consequences to a range of possible events, thereby reducing ambiguity and helping parties understand the specific circumstances that will trigger particular contractual effects.
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 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 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 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 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 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 Parties or an institution authorised by it makes payments to its investor under a guarantee for an investment in the territory of the other Party, the latter Party shall recognise the transfer of rights or interests of that investor by operation of law or by virtue of a transaction to the first Party or an institution authorised by it, without prejudice to the rights of the investor of the first Party under Article 7(2) of this Agreement and the rights of the first Party under Article 8(1) of this Agreement. For the transfer of the payments to be made to the Contracting Party concerned or to an institution authorised by it on the basis of the rights transferred, Articles 4 and 5 of this Agreement shall apply mutatis mutandis.
(1) Disputes between one of the Contracting Parties and an investor of the other Contracting Parties which relate to the amount or terms of payment of compensation pursuant to Article 4 of this Agreement and the transfer of payments pursuant to Article 5 of this Agreement shall be settled at the negotiating stage.
(2) If such a disagreement can not be settled in this way within three months from the date of the written notification of one of the two parties to the other party, it may at the request of the investor submit to the arbitration of the Stockholm Chamber of Commerce or to an ad hoc arbitration tribunal UNCITRAL arbitration regulations.
(3) The arbitral tribunal makes its decisions on the basis of: – The provisions of this Agreement; – The legislation of the Contracting Party in whose territory the investment was made; – The generally recognized principles and rules of international law.
(4) The decision is final and binding on both parties. Each Contracting Party shall ensure the recognition and enforcement of arbitration in accordance with its relevant legislation.
(1) Disputes between the Contracting Parties regarding the interpretation and application of this Agreement shall be resolved at the negotiating stage. The Contracting Parties shall endeavour to eliminate, by mutual agreement, difficulties arising from the application of this Agreement. If the dispute cannot be settled in this way, it shall be submitted to arbitration at the request of either Party.
(2) The arbitral tribunal shall be constituted on a case-by-case basis. The Contracting Parties shall each appoint one member of the arbitral tribunal; a citizen of a third country shall be jointly appointed by the two members as chairman of the tribunal. The memb...
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.