Bilateral. A bilateral modification (supplemental agreement) is a contract modification that is signed by the con- tractor and the contracting officer. Bi- lateral modifications are used to—
(1) Make negotiated equitable adjust- ments resulting from the issuance of a change order;
(2) Definitize letter contracts; and
(3) Reflect other agreements of the parties modifying the terms of con- tracts.
Bilateral. A bilateral amendment is a change that is signed by the Recipient and the AO. Bilateral amendments are used to reflect other agreements of the parties amending the terms of the Agreement.
Bilateral. A recent trend in bilateral and regional free trade agreements has been to xx- xxxxx non-violation complaints applicable to the respective provisions on IPRs. In most cases, these non-violation clauses do not appear in the intellectual property chapter of the agreement, but in a separate dispute settlement chapter.156
Bilateral. “For bilateral agreement, an offer may be revoked at any time before it is accepted” (Mobil) - A promise to hold an offer open for a specified period is not contractually binding. - Offer is able to be revoked but offeror will be liable for damages (Mobil) Offeror implies they won’t revoke the offer when performance begins on the conditions for acceptance.(Did not imply in mobil because language was not sufficiently clear/no commitment language.) Consider these factors per Mobil: - Offeror aware that offeree has commenced performance - Offeree understands incomplete performance is at their risk - If intended, offeror should be at liberty to revoke - Acts towards performance are detrimental to offeree
Bilateral. Parity describes committees created by the parties pursuant to the Collective Agreement which contain equal numbers of representatives of each of the parties.
Bilateral. A bil a t e ra x x odific a t io n ( s u pple m e n t a l a g r ee m e n t ) is a co n t ra c t m odific a t io n t ha t is sig n ed b y t h e co n- t ra c t o r an d t h e co n t ra c t i n g office r . Bi- l a t e ra x x odific a t io n s ar e u sed t o—
(1) M a k e n ego t i a t ed eq u i t a ble a dj u s t - m e n t s r es u l t i n g f r o m t h e iss uan ce of x x xxx ge o r de r ;
(2) Defi n i t ize le tt e r co n t ra c t s; an d
(3) R eflec t o t h e r a g r ee m e n t s of t h e p ar t ies m odify i n g t h e t e r m s of co n- t ra c t s.
Bilateral. 2 parties to the contract (A and B) • Both parties exchange a promise or set of promises for each to do something in the future. • Both A and B’s promises are executory (performed at some point after contract is formed)
Bilateral. Paragraph 5(d) of the Doha Declaration on the TRIPS Agreement and Public Health confirmed the right of WTO Members to adopt their own policies and rules on the subject of exhaustion of rights. However, since the adoption of the Declaration several countries have entered into bilateral “free trade” agreements that obligate them to prevent parallel importation of patented products, at least when the patent holder has included a territorial limitation on the distribution of the product by contract or “other means”.267 As discussed in Chapter 2, TRIPS establishes minimum standards of IPR protection, but leaves Members discretion 264 Silhouette International Xxxxxxx Gesellschaft mbH & Co. KG x. Xxxxxxxxx Handelsgesellschaft mbH, Case C-355/96, [1998] E.C.R. I-4799, [1998] 2 C.M.L.R. 953. Advocate General Xxxxxxx Xxxxxx recommended to the ECJ that it decide the First Trade Marks Directive required EEA member states to exclusively follow a rule of intra-Union exhaustion. The opinion of the Advocate General was critically analyzed in Xxxxxxxxx X. Xxxxxx and X.X. Xxxx Xxxxxxx, The Silhouette of a Trojan Horse: Reflections on the Advocate General Xxxxxx’ Opinion in Silhouette x. Xxxxxxxxx, Bijblad bij De Industrie¨ le Eigendom 111, Apr. 16, 1998 and X. X. Xxxxxxx, Trade Marks: Portcullis for the EEA?, 20 EIPR 172, May 1998.
Bilateral. Originating materials of one of the party to FTA are treated as originating in the other party where the final goods are produced Shirts are manufactured in country B from fabric originating in C Goods made in country B from yarn made in country C which in turn was made from non-originating textile fibers imported from country D. Incorporation of new Chapter – VAA Introduction of a new section – 28 DA Notification No.81/2020 NT dated 21.08.2020 effective from 21.09.2020 Shall apply to import of goods where preferential rate of duty is claimed. Enter details of certificate of origin Produce Certificate of origin for each item Indicate respective tariff notification against each item Declare that the goods qualify as originating goods as per the agreement Date of issuance Is produced after the validity period. Is issued for an item which is not eligible for preferential tariff treatment under the agreement. Information to demonstrate the origin criteria are satisfied Keep all supporting documents for related to form I for at least 5 years from the date of BE and submit the same on request Exercise reasonable care to ensure the accuracy and truthfulness of the aforesaid information and documents. During the clearance or later, proper officer may seek information & supporting documents. Importer shall provide the same within 10 working days Where information received from VA is incomplete or non- specific, request for additional information or visit may be made to the VA. Timelines shall be brought to the notice of the VA which is either prescribed in the PTA or 60 days Where verification is initiated, PTT may be suspended, the VA shall be informed the reasons of suspension, while making the request, the proper officer, may at the request of the importer provisionally assess and clear the goods on furnishing security equivalent to the amount of difference in duty. Information is received within the prescribed timeline, verification shall be concluded within 45 days of receipt or such extended time. Where VA fails to respond within timelines the preferential treatment claim may be denied. Where VA does not provide information in the manner as per rule read with Rules of Origin the preferential treatment claim may be denied..
Bilateral. If it is for compensation because it gives rise to reciprocal rights and obligations