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 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 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 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 of the name of its nominee to the Board of Arbitration, the other party may apply to the Minister responsible for the Labour Act requesting the Minister to choose a person the Minister deems suitable for the purpose and 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 is in serious balance of payments difficulties, or under imminent threat thereof, the Party concerned may, in accordance with the conditions established under the GATT 1994 and under Article VIII of the Articles of Agreement of the International Monetary Fund, adopt restrictive measures, including measures related to imports, which shall be of limited duration and may not go beyond what is necessary t o remedy the balance of payments situation. The measures shall be progressively relaxed as balance of payments conditions improve and they shall be eliminated when conditions no longer justify their maintenance. The Party concerned shall inform the other Party forthwith of their introduction and, whenever practicable, of a time schedule for their removal.
Where one of the Parties considers that a breach or infringement of this Agreement (hereinafter, a "BREACH") has occurred which is attributable to the other Party, the former shall serve written notice on the latter (hereinafter, a "NOTICE OF DISPUTE"), and, if the Breach may be remedied, the Party in breach shall have to do so within a period of five (5) Business Days, without prejudice to its liability vis-a-vis the other Party for any damages and prejudices caused by the Breach. In the event that it is not possible to remedy the Breach or should the Party in breach fail to do so within such period, the Party in breach shall be liable vis-a-vis the other Party for damages and prejudice caused by the Breach.
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.
