Modifications and Rectifications Clause Samples
The Modifications and Rectifications clause establishes the procedures and rights for making changes or corrections to the subject matter of the agreement, such as goods, services, or deliverables. Typically, it outlines how parties can request modifications, the process for approving or implementing changes, and any associated costs or timelines. This clause ensures that any necessary adjustments can be made efficiently and transparently, helping to address defects, accommodate evolving requirements, or correct errors, thereby maintaining the quality and relevance of the contractual relationship.
Modifications and Rectifications. 1. A Party may modify its coverage under this Chapter provided that it:
(a) notifies the other Party in writing and simultaneously offers acceptable compensatory adjustments to the other Party to maintain a level of coverage comparable to that existing prior to the modification, except as provided in paragraphs 2 and 3; and
(b) the other Party does not object in writing within 30 days of the notification.
2. Each Party may make rectifications of a purely formal nature to its coverage under this Chapter, or minor amendments to its Schedule in Annex 15-A provided that it notifies the other Party in writing and the other Party does not object in writing within 30 days of the notification. A Party that makes such a rectification or minor amendment need not provide compensatory adjustments.
3. A Party need not provide compensatory adjustments in those circumstances where the Parties agree that the proposed modification covers an entity over which a Party has effectively eliminated its control or influence. Where the Parties do not agree that such government control or influence has been effectively eliminated, the objecting Party may request further information or consultations with a view to clarifying the nature of any government control or influence and reaching agreement on the entity's continued coverage under this Chapter.
4. Where appropriate, the Joint FTA Committee shall adopt the modification, rectification or minor amendment notified by the Party concerned.
Modifications and Rectifications. Where a Party modifies its coverage under this Chapter, the Party shall a. notify the other Party in writing; and
Modifications and Rectifications. 1. A Party shall notify any proposed modification or rectification to its Schedule to Annex 14- A by circulating a notice in writing to the other Party through the Other Issues Committee established under Article 22.5(c) (Establishment of Cross-Cutting Committees).1 A Party shall provide compensatory adjustments for a change in coverage if necessary to maintain a level of coverage comparable to the coverage that existed prior to the modification or rectification. The Party may include the offer of compensatory adjustment in its notice.
2. A Party is not required to provide compensatory adjustments to the other Party if the proposed modification or rectification concerns one of the following:
(a) a procuring entity over which the Party has effectively eliminated its control or influence in respect of covered procurement by that procuring entity; or
(b) rectifications of a purely formal nature and minor modifications to that Party’s Schedule to Annex 14-A, such as:
(i) changes in the name of a procuring entity;
(ii) the merger of one or more procuring entities listed in its Schedule; 1 For transparency purposes the other Parties to the Pacific Alliance shall receive a copy of any proposed modification and rectification of Annex 14-A.
(iii) the separation of a procuring entity listed in its Schedule into two or more procuring entities that are all added to the procuring entities listed in the same Section of that Party’s Schedule to Annex 14-A; or
(iv) changes in website references; and no Party objects under paragraph 3 on the basis that the proposed modification or rectification does not concern subparagraph (a) or (b).
3. Any Party whose rights under this Chapter may be affected by a proposed modification or rectification that is notified under paragraph 1 shall notify the other Party of any objection to the proposed modification or rectification within 30 days of the date of circulation of the notice.
4. If a Party objects to a proposed modification or rectification, including a modification or rectification regarding a procuring entity on the basis that government control or influence over the entity’s covered procurement has been effectively eliminated, that Party may request additional information, including information on the nature of any government control or influence, with a view to clarifying and reaching agreement on the proposed modification or rectification, including the procuring entity’s continued coverage under this Chapter. The modifying ...
Modifications and Rectifications. Each Party shall implement any decision referred to in subparagraph (a) within the timeframe agreed by the Parties0 and pursuant to its domestic legal procedures. Establish the committees and working groups that it deems relevant within the framework of this Additional Protocol; Issue interpretations on the provisions of this Additional Protocol; Seek the advice of persons or entities that it considers appropriate; Recommend amendments to be made to this Additional Protocol by the Parties; and Adopt other actions and measures, within the scope of its functions, which ensure that the objectives set out under this Additional Protocol are achieved.