Basic obligations and rights Clause Samples
Basic obligations and rights. 1. The Parties shall not develop, adopt, maintain or apply any standardizing measure that has the purpose or effect of creating unnecessary obstacles to trade between them. To this end, each Party shall ensure that its standardizing measures are no more trade-restrictive than necessary for the achievement of a legitimate objective, taking into account the risks that failure to achieve that objective would create.
2. Notwithstanding any other provision of this Chapter, and in accordance with Article 14-14, paragraph 3, each Party may establish the level of protection it considers appropriate in the pursuit of its legitimate objectives regarding the safety and protection of human, animal and plant life and health; and the protection of its environment and the prevention of practices that may mislead consumers, without constituting an obstacle to trade. To this end, each Party may develop, implement and maintain standardization measures to ensure this level of protection, as well as measures to ensure the application and enforcement of such standardization measures, including the relevant approval procedures, provided that such measures do not have the purpose or effect of creating unnecessary obstacles to trade.
3. With respect to its standards-related measures, each Party shall accord to goods and service suppliers of another Party national treatment no less favorable than that accorded to like goods and service suppliers of any other country.
Basic obligations and rights. Right to adopt standards-related measures
1. Each Party may prepare, adopt, apply and maintain:
(a) Standards-related measures, approval procedures and metrology-related measures as established in this Chapter; and
(b) technical regulations and the conformity assessment procedures applicable to them, to ensure the fulfilment of their legitimate objectives.
2. No Party may prepare, adopt, maintain or apply any standards-related measure, approval procedure or metrology-related measure with the purpose or effect of creating an unnecessary obstacle to trade among the Parties.
Basic obligations and rights. Right to adopt standards-related measures
1. Each Party may prepare, adopt, apply and maintain:
(a) Standards-related measures, approval procedures and metrology-related measures as established in this Chapter; and
(b) technical regulations and the conformity assessment procedures applicable to them, to ensure the fulfilment of their legitimate objectives.
2. No Party may prepare, adopt, maintain or apply any standards-related measure, approval procedure or metrology-related measure with the purpose or effect of creating an unnecessary obstacle to trade among the Parties.
3. Each Party shall, in respect of its standards-related measures, approval procedures and metrology-related measures, accord to goods and service providers of another Party national treatment and treatment no less favourable than that it accords to like goods and the suppliers of like services of any other country.
4. Each Party shall use, as a basis for preparing or applying its standards-related measures, approval procedures and metrology-related measures, relevant international standards or international standards whose adoption is imminent, except where such standards would be an ineffective or inappropriate means to fulfil its legitimate objectives, because of fundamental climatic, geographical, technological or infrastructural factors or for scientifically proven reasons.
Basic obligations and rights. 2.1 The Manager shall:
(a) be obliged to manage the investment of the assets constituting the Fund held by the Custodian for the exclusive benefit of the Unitholder in good faith and to the best of its ability and without gaining any advantage for itself or any of its Connected Persons (as defined in Article 17 below) thereby except as expressly provided in this Amended and Restated Investment Contract, in accordance with the investment objective and restrictions as provided in Article 10 below and subject to and in accordance with any directions or guidelines made or established by the Unitholder which are not in contravention of the R.O.C. laws and regulations;
(b) be obliged to account to the Unitholder for any loss in value of assets held in the Fund where such loss has been caused by its wilful misfeasance, bad faith or gross negligence in the performance of its duties or its reckless disregard of its obligations and duties under this Amended and Restated Investment Contract;
(c) be responsible to the Unitholder for the acts and omissions of all persons to whom it may delegate any of its functions as Manager as if they were its own acts and omissions;
(d) promptly report to the R.O.
Basic obligations and rights. 1. Notwithstanding any other provision of this Chapter, and in accordance with paragraph 3 of Article 13-07, each Party may establish such level of protection as it considers appropriate to achieve its legitimate objectives.
2. Each Party may develop, adopt, implement and maintain standardization measures to ensure its level of protection of human, animal or plant life or health, the environment or for the prevention of practices that may mislead the consumer, as well as measures to ensure the implementation and enforcement of such standardization measures, including relevant approval procedures.
3. No Party shall develop, adopt, maintain or apply any standardizing measure that has the purpose or effect of creating unnecessary obstacles to trade between them. To this end, each Party shall ensure that standardizing measures are no more trade-restrictive than necessary for the achievement of its legitimate objectives, taking into account technical and economic possibilities and the risks that non-compliance would create.
4. With respect to its standards-related measures, each Party shall accord to goods and service suppliers of the other Party national treatment and treatment no less favorable than that it accords to like goods and service suppliers of any other country.