Common use of Non-Conforming Measures Clause in Contracts

Non-Conforming Measures. 1. Articles 11.2 through 11.5 and 11.8 shall not apply to: (a) any existing non-conforming measure that is maintained by a Party at (i) the central level of government, as set out by that Party in Section A of its Schedule set out in Annex III; or (ii) a local level of government; (b) the continuation or prompt renewal of any non-conforming measure referred to in subparagraph (a); or (c) an amendment to any non-conforming measure referred to in subparagraph (a) to the extent that the amendment does not decrease the 11-4 conformity of the measure, as it existed immediately before the amendment, with Article 11.2, 11.3, 11.4, or 11.8.3 2. Articles 11.2 through 11.5 and 11.8 shall not apply to any measure that a Party adopts or maintains with respect to sectors, subsectors, or activities, as set out by the Party in Section B of its Schedule set out in Annex III4. 3. A non-conforming measure set out in an entry in a Party's Schedule set out in Annex I or II as not subject to Article 9.3 (National Treatment), 9.4 (Most-Favored-Nation Treatment), 10.2 (National Treatment), 10.3 (Most-Favored-Nation Treatment) or 10.4 (Market Access), shall be treated as a non-conforming measure not subject to Article 11.2, 11.3 or 11.4, as the case may be, to the extent that the measure, sector, subsector, or activity set out in the entry is covered by this Chapter.

Non-Conforming Measures. 1. Articles 11.2 10.2 through 11.5 10.5 and 11.8 shall 10.8 do not apply to: : (a) any existing non-conforming measure that is maintained by a Party at at (i) the central level of government, as set out by that Party in Section A of its Schedule to Annex 10B, (ii) a regional level of government, as set out by that Party in its Schedule to Annex III; or 10B, or (iiiii) a local level of government; ; (b) the continuation or prompt renewal of any non-conforming measure referred to in subparagraph (a); or or (c) an amendment to any non-conforming measure referred to in subparagraph (a) to the extent that the amendment does not decrease the 11-4 conformity of the measure, as it existed immediately before the amendment, with Article 11.2, 11.3, 11.4, or 11.8.3 Articles 10.2 through 10.4 and 10.8. 2. Articles 11.2 through 11.5 and 11.8 shall not apply to any measure that a Party adopts or maintains with respect to sectors, subsectors, or activities, as set Annex 10C sets out certain specific commitments by the Party in Section B of its Schedule set out in Annex III4. each Party. 3. A non-conforming measure set out in an entry in a Party's ’s Schedule set out in to Annex I 8A or II 8B as not subject a measure to which Article 9.3 8.3 (National Treatment), 9.4 8.4 (Most-Favored-Nation Treatment), 10.2 8.5 (Market Access), or 15.4 (National Treatment), 10.3 (Treatment and Most-Favored-Nation Treatment) or 10.4 (Market Access), does not apply shall be treated as a non-conforming measure not subject described in paragraph 1(a) to which Article 11.210.2, 11.3 10.3, or 11.410.4, as the case may be, does not apply, to the extent that the measure, sector, subsector, sub-sector or activity set out in the entry schedule of non-conforming measures is covered by this Chapter.