Clause 31. 10.1 shall not apply to any winding-up petition (or analogous procedure or step) which is frivolous or vexatious and is discharged, stayed or dismissed within seven days of commencement or, if earlier, the date on which it is advertised.
Clause 31. 8.2 is amended as follows: Ninety Seven point five percent (97.5%) of such value in interim payment certificates issued on the date of paractical completion and up to but excluding the date of final completion Clause 31.8.3 is amended as follows: One hundred percent (100%) of such value in interim payment certificates issued on the date of final completion and up to and including the final payment certificate Clause 31.8.4 is deleted in its entirety Clause 31.9 is amended as follows: 'The Employer shall pay the Contractor the amount certified in an interim payment certificate withinthirty (30) calendar days from the date of receipt of the interim payment certificate 32 Adjustment to the Contract Value (Clause 32). Item 1 F:............................. V:............................ T:............................ 33 Recovery of Expense and Loss (Clause 33). Item 1 F:............................. V:............................ T:............................ 34 Final Account and Final Payment (Clause 34). Item 1 F:............................. V:............................ T:............................ Clause 34.10 is amended as follows: 'The Employer shall pay the Contractor the amount certified in the final payment certificate withinthirty (30) calendar days PAY REF DESCRIPTION UNIT Quantity RATE AMOUNT from the date of receipt of thefinal payment certificate
Clause 31. 18.4 shall not apply to the extent that the amount of the indemnity, compensation or reimbursement payment has already been increased to take account of the Taxation that will or would be charged on receipt.
Clause 31. 1. The intervention in the Concessionaire may be decreed by Anatel, at its discretion and according to the public interest, through specific act and motivated by its Managing Board, under the terms of Section V, Chapter II, Title II, of Law no. 9.472, dated 1997, and in special in the following situations: I – unjustified interruption of the service, which shall mean the interruption of the provision outside the hypotheses set forth herein and without the presentation of the reasons to be considered by Anatel as able to justify it; II – inadequacy or insufficiency reiterated in the service rendered, characterized by the inobservance of the parameters of quality set forth in this Contract and in the general rules, even after communication of term, by Anatel, for regulating the situation; III – inappropriate administration that may put into risk the continuity of the service, especially that may cause economic-financial unbalance; IV – repetition of breaches deemed serious, under the terms of clause 26.1; V – non-compliance of the goals of universalization, which shall mean the unjustified inobservance of the schedule of implementation of the obligations of universalization set forth herein; VI – unjustified refusal or procrastination of interconnection, which shall mean the negative, delay or any procrastination attitude in the negotiation or performance of the call to its requested network by another provider, observing the general rules: VII – practices of breach to the economic order, as to impede conducts deemed harmful to the free, broad and fair competition among the service providers; and VIII – omission in rendering the account to Anatel or offering hindrance to the inspective activity that presuppose the practice of any of the occurrences set forth in the items above.
Clause 31. .4. The decree of the intervention shall not affect the regular course of the business of the Concessionaire, nor its normal operation, but it shall produce the immediate withdrawal of its administrators.
Clause 31. 5.1 applies to and in respect of any annual holiday (except so much, if any, as has already been taken) whether or not the employee concerned continues to be entitled (apart from this clause) to take it, and so applies as if the employee's right to take it had accrued immediately before the date of the termination of the employee's employment.
