With respect to. Master Recordings of The Artist licensed to third parties on a flat-fee basis, conditioned upon The Artist's full and faithful performance of all of the terms and conditions hereunder, The Record Company shall pay to The Artist fifty percent (50%) of the net amount received by The Record Company under each such license. With respect to Master Recordings of The Artist licensed to third parties on a royalty basis, and with respect to Phonograph recordings (including Albums, 12" singles, 45 rpm singles, mini-discs, cassette singles and any other configurations embodying Master Recordings of The Artist) released through a Distributor selected by The Record Company, conditioned upon The Artist's full and faithful performance of all of the terms and conditions hereunder, The Record Company shall pay to The Artist the lesser of (A) fifty percent (50%) of The Record Company's net earned royalty receipts under each such license or Distribution Agreement, or (B) one-half (1/2) of the "Basic Album Rate" or "Basic Singles Rate" (as detailed in paragraphs 12(b)(i) and (ii), below), as the case may be. For the purposes of this paragraph, the term "net amount" or "net earned royalty receipts" shall mean the gross royalties and advances received by The Record Company from the third part licensee or Distributor less all recording costs, any and all advances, royalties payable to the producer of the Master Recordings, video production costs, promotion and publicity expenses, payments to third parties in connection with a the exploitation of rights, copyright fees, union fund payments (including so-called "re-use" payments), and any other costs or expenses incurred by The Record Company which are directly related to the production, promotion, or exploitation of the Master Recordings hereunder.
With respect to. Article 7
a) In the case of contracts for constructions or installations or any survey related to construction or installation, the profits of a permanent establishment shall not be determined on the total amount of the contract, but shall be determined only on the basis of that part of the contract, which is effectively carried out by the permanent establishment in the state where the permanent establishment is situated and any portion of the contract executed outside the other Contracting State shall not be taken into consideration in determining the profits of the permanent establishment.
b) It is understood that, business profits derived by an enterprise of a Contracting State from the exportation of merchandise to the other Contracting State shall not be taxed in that other Contracting State. Where export contracts include other activities carried on through a permanent establishment in the other Contracting State, profits attributable to such activities may be taxed in the other Contracting State.
c) It is understood that, the term “business profits” includes, but is not limited to income derived from manufacturing, mercantile, banking, insurance, from the operation of inland transportation, the furnishing of services. Such a term does not include the performance of personal services by an individual either as an employee or in an independent capacity.
With respect to. Applicable Norwegian requirements as prescribed in:
3.3.1 Permit for trial trips, delivery or presentation voyages
3.1.1 Regulations of 22 December 2014 No. 1893 on Supervision and Certificates for Norwegian Ships and Mobile Offshore Units Chapter 5 section 41 first subsection letter c. • Issuance of permit for trial trips, delivery or presentation voyages.
3.3.2 Regulations 30 May 2012 No. 488 on environmental safety for ships and mobile offshore units section 7 and Regulations 1. July 2014 No. 944 on dangerous goods on Norwegian ships, section 6
With respect to. International Convention on the Control of Harmful Anti-fouling Systems on Ships
With respect to all Securities held hereunder, Custodian shall, unless otherwise instructed to the contrary:
(a) Collect and receive all income and other payments and in this regard Custodian shall promptly notify a Fund in writing by facsimile transmission, electronic communication, or in such other manner as the Fund and the Custodian may agree in writing, if any amount payable with respect to portfolio Securities or other assets of a Series is not received by Custodian when due. In the event that extraordinary measures are required to collect such income, a Fund and Custodian shall consult as to such measures and as to the compensation and expenses of Custodian relating to such measures;
(b) Give notice to each Fund and present payment and collect the amount payable upon such Securities that are called, but only if either (i) Custodian receives a written notice of such call, or (ii) notice of such call appears in or is received from a nationally recognized bond or corporate action service to which Custodian subscribes;
(c) Unless otherwise instructed by a Fund, Custodian shall retain in the appropriate account any stock dividends, subscription rights and other non-cash distributions on the Securities, or the proceeds from the sale of any distributions. Custodian shall notify a Fund upon the receipt of any non-cash item.
(d) Present for payment and collect the amount payable upon all Securities which may mature, promptly deposit or withdraw such proceeds as designated therein and advise each Fund as promptly as practicable of any such amounts due but not paid;
(e) Surrender Securities in temporary form for definitive Securities;
(f) Forward to each Fund copies of all information or documents that it may actually receive from an issuer of Securities which, in the opinion of Custodian, are intended for the beneficial owner of Securities;
(g) Execute, as custodian, any certificates of ownership, affidavits, declarations or other certificates under any tax laws now or hereafter in effect in connection with the collection of bond and note coupons;
(h) Hold directly or through a Depository, a Foreign Depository, or a Subcustodian all rights and similar Securities issued with respect to any Securities credited to an Account hereunder; and
(i) Endorse for collection checks, drafts or other negotiable instruments.
With respect to. Unscheduled inspections
With respect to. Article (8):
a) The Arbitral Tribunal shall consist of three arbitrators. Each party shall select an arbitrator. These two arbitrators shall appoint by mutual agreement a Chairman, who shall be a national of a third State which has diplomatic relations with both Contracting States. The arbitrators shall be appointed within two months from the date when one of the parties to the dispute informed the other of its intention to submit the dispute to arbitration. If the appointments are not made within the period mentioned above, either party may invite the Chairman of the Arbitration Institute of the Stockholm Chamber of Commerce to make the required appointment within two months.
b) The Arbitral Tribunal shall reach its decision by a Majority of votes. Its award shall be final and binding on both parties to the dispute, and shall be enforced by both parties to the dispute in accordance with their domestic laws.
c) The Arbitral Award shall be made in accordance with the domestic laws, including the rules of conflict of the Contracting State which accepts investments, and in accordance with the provisions of this Agreement, as well as with the principles of international law generally recognized and adopted by both Contracting States.
d) Each party to the dispute shall bear the cost of its own arbitrator and of its counsel in the arbitration proceedings. The cost of the Chairman and the remaining costs of the Arbitral Tribunal shall be borne in equal parts by both parties to the dispute.
With respect to. Applicable Norwegian requirements as prescribed in:
3.2.1. Regulations 30 May 2012 No. 488 on environmental safety for ships and mobile offshore units section 7 and Regulations 1 July 2014 No. 944 on dangerous goods on Norwegian ships, section 6
3.2.1.1. Certificate of Fitness for the Transport and Handling of Limited Amounts of Hazardous and Noxious Liquid Substances in Bulk on Offshore Support Vessels (A.673(16)). Applicable to: Offshore Support Vessels, irrespective of gross tonnage, the keel of which are laid before Related to:
With respect to. Applicable Norwegian requirements as prescribed in:
3.2.1. Regulations 30 May 2012 No. 488 on environmental safety for ships and mobile offshore units section 7 and Regulations 1 July 2014 No. 944 on dangerous goods on Norwegian ships, section 6
3.2.1.1. Certificate of Fitness for the Transport and Handling of Limited Amounts of Hazardous and Noxious Liquid Substances in Bulk on Offshore Support Vessels (A.673(16)). Related to:
3.2.1.2. [Certificate of Fitness for the transport and handling of hazardous and noxious liquid substances in bulk on offshore support vessels (OSV Chemical Code) Applicable to: Offshore Support Vessels, irrespective of gross tonnage, the keel of which are laid on or after dd month 2019. • Annual survey and intermediate survey. • Endorsement of Certificate of Fitness for the Transport and Handling of Limited Amounts of Hazardous and Noxious Liquid Substances in Bulk on Offshore Support Vessels.]
With respect to. Article 22.1 of General Conditions, it is understood that the obligation of publication is not applicable to the contracts and grant agreements awarded by the Grant Beneficiary. It is understood that the term locality shall mean the address of the Grant Beneficiary indicated in the Grant Agreement or of any Contractor under Procurement Contract signed by the Organisation.
