Fourth Paragraph. With no jeopardy of the established in sole paragraph of article 1,058 of Codigo Civil Brasileiro, and, after January 11, 2003, article 393 of Law n. 10,406, of January 10, 2002, The Parties shall consider as events of Higher Power any act or fact, with its occurrence impossible for the Parties to foresee, or that they could have foreseen to have unpredictable consequences, as well as those against which its diligent action had not been enough to avoid or is not enough to amend, among which:
Fourth Paragraph. The decisions shall be adopted by the majority of the arbitrators of the arbitration court and cannot be based on the principle of equity, being obligated to keep the foreseen in the legal and/or normative dispositions of Republica Federativa do Brasil or the applicable contract establishments. Fifth Paragraph- The access to the Judiciary shall only be allowed in the cases clearly foreseen in Federal Law n. 9,307/96. In cases when the access to the Judiciary be allowed, the Parties elect the Court of Justice of the County of Sao Paulo, with the exclusion of any other no matter the more qualified it may be, to know of actions that guarantee the complete fulfillment of the arbitration procedure and to execute the final arbitration sentence, whenever necessary. Sixth Paragraph- The Party that for any reason frustrates or impedes the initiation of the court of arbitration, be it not adopting the necessary arrangements within the due period, or be it forcing the other party to adopt the measures foreseen in Article 7 of Federal Law n. 9,307/96, or yet not fulfilling all the terms of the arbitration sentence, shall pay the fine not susceptible of compensation equivalent to R$ 5,000 (five thousand Reais), to be updated according to the annual variation of the IGPM, per day of delay in the initiation of the arbitration court or in the fulfillment of the established in the arbitration sentence, with no jeopardy to the determinations and penalties within such sentence. CHAPTER XIII
Fourth Paragraph. For purposes of the provisions of the preceding paragraphs, the PROMISING TRANSFEROR grants, on the date hereof, an irrevocable power-of-attorney to persons chosen by mutual agreement between PROMISING TRANSFEROR and the PROMISING TRANSFEREE, conferring upon them the necessary powers to effectuate the transfer of the rights.
Examples of Fourth Paragraph in a sentence
Fourth Paragraph- It is understood by the Parties that Price corresponds to the specific MWh and to the proper capacity necessary for its production, even if in an ephemeral manner.
Fourth Paragraph - The Company shall not issue preferred and founders' shares.
For this, the Appellant relies upon the Fourth Paragraph of the Blog Post, insofar as it states: [M]ultiple groups should not attempt to maximize the chances of receiving an LPFM construction permit by submitting multiple applications under the different groups’ names with a prior understanding that the groups will later share time or ownership with each other if just one applicant succeeds in getting a construction permit.
Pursuant to Article Fourth, Paragraph C(6) of the Charter, NASDAQ OMX’s Board may grant exemptions to this limitation prior to the time a stockholder beneficially owns more than 5% of the outstanding shares of stock entitled to vote on the election of a majority of directors at such time.
Article Fourth, Paragraph C of NASDAQ OMX’s Charter includes a voting limitation that generally prohibits a stockholder from voting shares beneficially owned, directly or indirectly, by such stockholder in excess of 5% of the then-outstanding shares of capital stock of NASDAQ OMX entitled to vote as of the record date in respect of any matter.
More Definitions of Fourth Paragraph
Fourth Paragraph. The business of the PROMISING TRANSFEROR has been operated in material compliance with all applicable laws, statutes, rules, regulations, ordinances, codes, orders, licenses, permits or authorizations, as such now apply to such business, and to the knowledge of the PROMISING TRANSFEROR no notification has been received alleging any violation of any of the foregoing.
Fourth Paragraph. The party who loses the dispute will be responsible for the expenses of the arbitration process which include the legal fees the sponsors of the parties. FIFTEENTH CLAUSE - The present Contract constitutes one single agreement between the SELLER, the PURCHASER with regards to the sale and purchase of the SHARES of the SELLER, and supersedes prior agreements and understandings, oral or written, with regards to the object of this contract.
Fourth Paragraph. It is understood that the transfer or transfers of the Permissions include the transfer to the PROMISING TRANSFEREE of any equipment, cables, transmitters, receivers and other infrastructure, and all user's rights related to such infrastructure then owned or entitled to the PROMISING TRANSFEROR and affected to the service.
Fourth Paragraph. The cost of the service of transferring the ownership of the book-entry shares charged by the depositary financial institution may be passed on to the shareholder, pursuant to the third paragraph of Article 35 of Law No. 6,404 dated 12/15/76, subject to the maximum limits established by the Brazilian Securities Exchange Commission ("Comissão de Valores Mobiliários").
Fourth Paragraph. With the exception of the provisions of Para- graph 2, if coercive or injunctive orders become necessary, the arbitrators may request them from the State Court originally com- petent to decide the case.
Fourth Paragraph. In view of the provisions of "caput" of this clause and the preceding paragraphs, Lessee declares: a) that negotiation for acquisition of Goods subject to lease were directly entered into by it without any participation by Lessee, not taking any responsibility for this choice of suppliers nor the origin, indication and choice of such Goods; b) that it is responsible for any loss or damage that suppliers may cause to Lessor as a result of above mentioned purchases; c) that run at its own risk any burden for all defects in Goods or arising from the mismatch to the characteristic, specification and quality indicated by Lessee; d) that because the provisions in letters a), b) and c) above, any and all taxes, fees or contributions, penalties, interest and expenses, which relate or may relate, released or to be released for any reason whatsoever and regardless of cause or origin, arising from this Agreement and the acquisition and / or sale of Goods referred to this instrument, its attachments and accessories shall be paid by and under the sole responsibility of Lessee and should be supported by it; e) At any time, Lessee even when the final transfer of domain to Lessee or third party shall be responsible for risk of eviction, these risks by which Lessee assumes full responsibility. Fifth paragraph - Upon receiving the Goods Lessee shall deliver TRAF duly signed to Lessor within 03 (three) days of such receipt, stating that Goods are in accordance with specifications, properly installed and be kept in good working conditions and no apparent defects or redhibitory defects. This declaration serves as the acceptance of Goods and the final cost indicated in TRAF.
Fourth Paragraph. The decisions shall be adopted by the majority of the arbitrators of the arbitration court and cannot be based on the principle of equity, being obligated to keep the foreseen in the legal and/or normative dispositions of Republica Federativa do Brasil or the applicable contract establishments. Fifth Paragraph- The access to the Judiciary shall only be allowed in the cases clearly foreseen in Federal Law n. 9,307/96. In cases when the access to the Judiciary be allowed, the Parties elect the Court of Justice of the County of Sao Paulo, with the exclusion of any other no matter the more qualified it may be, to know of actions that guarantee the complete fulfillment of the arbitration procedure and to execute the final arbitration sentence, whenever necessary. Sixth Paragraph- The Party that for any reason frustrates or impedes the initiation of the court of arbitration, be it not adopting the necessary arrangements within the due period, or be it forcing the other party to adopt the measures foreseen in Article 7 of Federal Law n. 9,307/96, or yet not fulfilling all the terms of the arbitration sentence, shall pay the fine not susceptible of compensation equivalent to R$ 5,000 (five thousand Reais), to be updated according to the annual variation of the IGPM, per day of delay in the initiation of the arbitration court or in the fulfillment of the established in the arbitration sentence, with no jeopardy to the determinations and penalties within such sentence. CHAPTER XIII General Dispositions 22nd Clause- none of the Parties may forsake or transfer, total or partially the present Contract or any of the obligation herein foreseen, without the previous written consent of the other Party, which cannot be denied without a justified reason. First Paragraph- In case a Party wishes to effectuate the cession of this Contract or any other obligation herein foreseen to a Related Party or Others, the other Party, commits itself to appear as an agreeing intervening agent in the respective instrument of cession, as long as the Assignor certifies to the Yielded Party that the Assignor shall declare what regards 11th Clause, or if the case demands, 12th clause, that it shall grant the guarantees and that it shall obligate itself to fulfill the other obligations of this Contract, in special those contained in 13th Clause. Second Paragraph- In Case the Assignor does not meet the conditions established in First Paragraph above, the Yielded Party may at its unique will, not ...