Common use of Modifications and Rectifications to Coverage Clause in Contracts

Modifications and Rectifications to Coverage. 1. Where a Party modifies its coverage of procurement under this Chapter, that Party shall: (a) notify the other Parties in writing; and (b) include in the notification a proposal of appropriate compensatory adjustments to the other Parties to maintain a level of coverage comparable to that existing prior to the modification. 2. Notwithstanding subparagraph 1(b), a Party does not need to provide compensatory adjustments where: (a) the modification in question is a minor amendment or rectification of a purely formal nature; or (b) the proposed modification covers an entity over which the Party has effectively eliminated its control or influence. 3. If a Party does not agree that: (a) the adjustment proposed under subparagraph 1(b) is adequate to maintain a comparable level of mutually agreed coverage; (b) the proposed modification is a minor amendment or a rectification under subparagraph 2(a); or (c) the proposed modification covers an entity over which another Party has effectively eliminated its control or influence under subparagraph 2(b); that Party must object in writing within 45 days following the date of circulation of the notification referred to in paragraph 1 or be deemed to have agreed to the adjustment or proposed modification. 4. If a Party objects to the proposed modification under subparagraph 2(b), that Party may request further information or explanation with a view to clarifying the nature of any government control or influence and reaching agreement on the procuring entityâs continued coverage under this Chapter.

Modifications and Rectifications to Coverage. 1. Where A Party may make rectifications of a Party modifies purely formal nature to its coverage of procurement under this Chapter, or minor amendments to its Schedules in Annex XX (Government Procurement), provided that it notifies the other Parties in writing and no Party shallobjects in writing within 45 days following the date of the circulation of the notification. A Party that makes such a rectification or minor amendment need not provide compensatory adjustments to the other Parties. 2. For the purposes of this Article, rectifications of a purely formal nature and minor modifications include, but are not limited to: (a) notify changes in the name of a procuring entity; (b) the merger of one or more procuring entities listed in a Party’s schedule; (c) the separation of a procuring entity listed in a Party’s schedule into two or more procuring entities that are all added to the procuring entities listed in the same section of the annex; and (d) changes in website references. 3. A Party may otherwise modify its coverage under this Chapter provided that: (a) it notifies the other Parties in writing; and (b) include in writing and offers at the notification a proposal of appropriate same time acceptable compensatory adjustments to the other Parties to maintain a level of coverage comparable to that existing prior to the modification. 2. Notwithstanding subparagraph 1(b), a Party does not need to provide compensatory adjustments where: (a) the modification except where provided for in question is a minor amendment or rectification of a purely formal natureparagraph 4; orand (b) the proposed modification covers an entity over which the no Party has effectively eliminated its control or influence. 3. If a Party does not agree that: (a) the adjustment proposed under subparagraph 1(b) is adequate to maintain a comparable level of mutually agreed coverage; (b) the proposed modification is a minor amendment or a rectification under subparagraph 2(a); or (c) the proposed modification covers an entity over which another Party has effectively eliminated its control or influence under subparagraph 2(b); that Party must object objects in writing within 45 days following the date of the circulation of the notification referred to in paragraph 1 or be deemed to have agreed to the adjustment or proposed modificationnotification. 4. A Party is not required to provide compensatory adjustments where the Parties agree that the proposed modification covers a procuring entity over which a Party has effectively eliminated its control or influence. If a Party objects to the proposed modification under subparagraph 2(b)assertion that such government control or influence has been effectively eliminated, that the objecting Party may request further information or explanation consultations with a view to clarifying the nature of any government control or influence and reaching agreement on the procuring entityâs entity’s continued coverage under this Chapter. 5. If the modifying Party and any objecting Party resolve the objection through consultations, the modifying Party shall notify the other Parties of the resolution. 6. The Joint Committee shall modify Annex XX (Government Procurement) to reflect any agreed modification.

Modifications and Rectifications to Coverage. 1. Where A Party may propose a modification or rectification of the elements in Annex III which relate to that Party. Modifications 2. When a Party modifies its coverage of procurement under this Chapterproposes a modification, that Party shall: (a) notify the other Parties Party in writing; and (b) include in the notification a proposal of for appropriate compensatory adjustments to the other Parties Party to maintain a level of coverage comparable to that existing prior to the modification. 23. Notwithstanding subparagraph 1(b)point (b) of paragraph 2, a Party does need not need to provide compensatory adjustments whereif: (a) the modification in question is a minor amendment or rectification of a purely formal naturenegligible in its effect; or (b) the proposed modification covers an entity over which the Party has effectively eliminated its control or influence. 34. If a The other Party does not agree shall be deemed to have accepted the modification, including for the purposes of Chapter 14 (Dispute Settlement) of this Title, unless it objects in writing within 45 days of receipt of the notification referred to in point (a) of paragraph 2 that: (a) the an adjustment proposed under subparagraph 1(bpoint (b) of paragraph 2 is adequate to maintain a comparable level of mutually agreed coverage; (b) the proposed modification is a minor amendment or a rectification negligible in its effect under subparagraph 2(a)point (a) of paragraph 3; or (c) the proposed modification covers an entity over which another the Party has effectively eliminated its control or influence under subparagraph 2(b)point (b) of paragraph 3. Rectifications 5. The following changes to Parts 1 to 3 of Annex III shall be considered a rectification, provided that they do not affect the mutually agreed coverage provided for in this Chapter: (a) a change in the name of an entity; (b) a merger of two or more entities listed within the same Part of Annex III; and (c) the separation of an entity into two or more entities, provided that all new entities are added to the same Part of Annex III as the original entity. 6. The Party must object in writing proposing a rectification shall notify the other Party every two years, following the date on which this Title starts to apply. 7. A Party may notify the other Party of an objection to a proposed rectification within 45 days following the date of circulation of from having received the notification referred to in paragraph 1 or 6. Where a Party submits an objection, it shall set out the reasons why it believes the proposed rectification is not a change provided for in paragraph 5, and describe the effect of the proposed rectification on the mutually agreed coverage provided for in this Agreement. If no such objection is submitted in writing within 45 days after having received the notification, the Party shall be deemed to have agreed to the adjustment proposed rectification. The Cooperation Committee 8. If no objection is submitted regarding a proposed modification or proposed modificationrectification within the period provided for in paragraphs 4 and 7, the Cooperation Committee shall amend Annex III to reflect any such modification or rectification. The modification or rectification shall be effective from the day following the date of expiry of the period referred to in paragraphs 4 and 7. 49. If an objection to a Party objects to the proposed modification under subparagraph 2(b)or rectification has been submitted, that Party the Cooperation Committee shall discuss the matter. The Cooperation Committee may request further information decide to approve a modification or explanation with a view to clarifying the nature of any government control or influence rectification and reaching agreement on the procuring entityâs continued coverage under this Chapteramend Annex III accordingly.

Modifications and Rectifications to Coverage. 1. Where a Party modifies its coverage of procurement under this Chapter, that Party shall: (a) notify the other Parties in writing; and (b) include in the notification a proposal of appropriate compensatory adjustments to the other Parties to maintain a level of coverage comparable to that existing prior to the modification. 2. Notwithstanding subparagraph 1(b), a Party does not need to provide compensatory adjustments where: (a) the modification in question is a minor amendment or rectification of a purely formal nature; or (b) the proposed modification covers an entity over which the Party has effectively eliminated its control or influence. 3. If a Party does not agree that: (a) the adjustment proposed under subparagraph 1(b) is adequate to maintain a comparable level of mutually agreed coverage; (b) the proposed modification is a minor amendment or a rectification under subparagraph 2(a); or (c) the proposed modification covers an entity over which another Party has effectively eliminated its control or influence under subparagraph 2(b); that Party must object in writing within 45 days following the date of circulation of the notification referred to in paragraph 1 or be deemed to have agreed to the adjustment or proposed modification. 4. If a Party objects to the proposed modification under subparagraph 2(b), that Party may request further information or explanation with a view to clarifying the nature of any government control or influence and reaching agreement on the procuring entityâs entity’s continued coverage under this Chapter.

Modifications and Rectifications to Coverage. 1. Where a Party modifies its coverage of procurement under this Chapter, that the Party shall: (a) notify the other Parties Party in writing; and (b) include in the notification a proposal of appropriate compensatory adjustments to the other Parties Party to maintain a level of coverage comparable to that existing prior to the modification. 2. Notwithstanding subparagraph 1(b), a Party does need not need to provide compensatory adjustments where: (a) the modification in question is a minor amendment or rectification of a purely formal nature; or (b) the proposed modification covers an entity over which the Party has effectively eliminated its control or influence. 3. If a the other Party does not agree that: (a) the an adjustment proposed under subparagraph 1(b) is adequate to maintain a comparable level of mutually agreed coverage; (b) the proposed modification is a minor amendment or a rectification under subparagraph 2(a); or (c) the proposed modification covers an entity over which another the Party has effectively eliminated its control or influence under subparagraph 2(b); that Party , it must object in writing within 45 30 days following the date of circulation receipt of the notification referred to in paragraph 1 or be deemed to have agreed to the adjustment or proposed modification, including for the purposes of Chapter Twenty-One (Dispute Settlement). 4. If a Party objects to Where the proposed modification under subparagraph 2(b), that Party may request further information or explanation with a view to clarifying the nature of any government control or influence and reaching Parties are in agreement on the procuring entityâs continued coverage proposed modification, rectification, or minor amendment, including where a Party has not objected within 30 days under this Chapterparagraph 3, they shall give effect to the agreement by modifying forthwith the relevant Annex.