Reservations and Exceptions Clause Samples

Reservations and Exceptions. 1. Articles 3, 4, 6 and 12 shall not apply to: (a) Any existing non-conforming measure that is maintained by: (i) With respect to Japan: (A) The central government or a prefecture, as set out in its Schedule in Annex I; or (B) A local government other than prefectures; (ii) With respect to the Republic of Peru: (A) The central government or a regional government, as set out in its Schedule in Annex I; or (B) A local government (b) The continuation or prompt renewal of any non-conforming measure referred to in subparagraph (a); or (c) An amendment or modification to any non-conforming measure referred to in subparagraph (a), provided that the amendment or modification does not decrease the conformity of the measure as it existed immediately before the amendment or modification, with Articles 3, 4, 6 and 12. 2. Articles 3, 4, 6 and 12 shall not apply to any measure that a Contracting Party adopts or maintains with respect to sectors, sub-sectors and activities set out in its Schedule in Annex II. 3. Neither Contracting Party shall, under any measure adopted after the date of entry into force of this Agreement and covered by its Schedule in Annex II, require an investor of the other Contracting Party, by reason of its nationality, to sell or otherwise dispose of an investment that exists at the time the measure becomes effective. 4. In cases where a Contracting Party makes an amendment or a modification to any existing non-conforming measure set out in its Schedule in Annex I or where a Contracting Party adopts any new or more restrictive measure with respect to sectors, sub-sectors or activities set out in its Schedule in Annex II after the entry into force of this Agreement, the Contracting Party shall, prior to the implementation of the amendment or modification or the new or more restrictive measure, or in exceptional circumstances, as soon as possible thereafter: (a) Notify the other Contracting Party of detailed information on such amendment, modification or measure; and (b) Hold, upon request by the other Contracting Party, consultations in good-faith with that other Contracting Party. 5. Each Contracting Party shall endeavour, where appropriate, to reduce or eliminate the reservations specified in its Schedules in Annexes I and II respectively. 6. Articles 3, 4, 6 and 12 shall not apply to any measure covered by the exceptions to, or derogations from, obligations under Articles 3 and 4 of the TRIPS Agreement, as specifically provided in Articles 3 thr...

Reservations and Exceptions. The sale and purchase of the Properties is made subject to all reservations, exceptions, limitations, contracts and other burdens or instruments which are stated herein, on Exhibit A, or on any schedule or exhibit hereto, which are of record or of which Buyer has actual or constructive notice, including any matter included or referenced in the any schedule or exhibit hereto or any materials made available by Seller to Buyer.

Reservations and Exceptions. 1. Articles 4 (National Treatment), 5 (Most-Favoured-Nation Treatment), 8 (Senior Management, Boards of Directors and Entry of Personnel) and 9 (Performance Requirements) do not apply to: (a) any measure: (i) existing and non-conforming, maintained in the territory of a Party; (ii) maintained or adopted after the date of entry into force of this Agreement that, at the time of sale or other disposition of a governments equity interests in, or the assets of, an existing state enterprise or an existing governmental entity, prohibits or imposes limitations on the ownership or control of equity interests or assets or imposes nationality requirements relating to senior management or members of the board of directors; (b) the continuation or prompt renewal of a non-conforming measure referred to in subparagraph (a); or (c) an amendment to a non-conforming measure referred to in subparagraph (a) to the extent that the amendment does not decrease the conformity of the measure, as it existed immediately before the amendment, with Articles 4 (National Treatment), 5 (Most-FavouredNation Treatment), 8 (Senior Management, Board of Directors and Entry of Personnel) and 9 (Performance Requirements). 2. Articles 4 (National Treatment), 5 (Most-Favoured-Nation Treatment), 8 (Senior Management, Board of Directors and Entry of Personnel) and 9 (Performance Requirements) do not apply to a measure that a Party adopts or maintains with respect to sectors, subsectors or activities, as set out in its Schedule to Annex I. 3. Article 5 (Most-Favoured-Nation Treatment) does not apply to treatment accorded by a Party under an agreement as set out in Annex II. 4. In respect of intellectual property rights, a Party may derogate from Articles 4 (National Treatment), 5 (Most-Favoured- Nation Treatment) and 9(1)(f) (Performance Requirements) in a manner that is consistent with: (a) the TRIPS Agreement; (b) an amendment to the TRIPS Agreement in force for both Parties; and (c) a waiver to the TRIPS Agreement granted pursuant to Article IX of the WTO Agreement. 5. Articles 4 (National Treatment), 5 (Most-Favoured-Nation Treatment) and 8 (Senior Management and Board of Directors) do not apply to: (a) procurement by a Party or a State enterprise; or (b) a subsidy or grant provided by a Party or a State enterprise, including a government-supported loan, a guarantee or insurance.

Reservations and Exceptions. 1. Articles 3, 4, 6 and 7 shall not apply to: (a) any existing non-conforming measure that is maintained by (i) a national government, as set out in its Schedule to Annex I, or (ii) a sub-national government; (b) the continuation or prompt renewal of any non-conforming measure referred to in subparagraph (a); (c) an amendment to any non-conforming measure referred to in subparagraph (a) to the extent that the amendment does not decrease the conformity of the measure, as it existed immediately before the amendment, with Articles 3, 4, 6 and 7. 2. Articles 3, 4, 6 and 7 shall not apply to any measure that a Party adopts or maintains with respect to sectors, subsectors or activities, as set out in its schedule to Annex II. 3. Article 4 shall not apply to treatment accorded by a Party pursuant to agreements, or with respect to sectors, set out in Annex III. 4. In respect of intellectual property rights, a Party may derogate from Articles 3 and 4 in a manner that is consistent with the WTO Agreement. 5. The provisions of Articles 3, 4 and 6 of this Agreement shall not apply to: (a) procurement by a Party or state enterprise; (b) subsidies or grants provided by a Party or a state enterprise, including government-supported loans, guarantees and insurance; 6. For greater certainty, Article 3 of this Agreement shall not apply to the granting by a Party to a financial institution of an exclusive right to provide activities or services forming part of a public retirement plan or statutory system of social security.

Reservations and Exceptions. No reservations or exceptions may be made to this Agreement.

Reservations and Exceptions. 1. Articles G-02, G-03, G-06 and G-07 do not apply to: (a) any existing non-conforming measure that is maintained by: (i) a Party at the national or provincial level, as set out in its Schedule to Annex I, or (ii) a local 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 conformity of the measure, as it existed immediately before the amendment, with Articles G-02, G-03, G-06 and G-07. 2. Articles G-02, G-03, G-06 and G-07 do not apply to any measure that a Party adopts or maintains with respect to sectors, subsectors or activities, as set out in its Schedule to Annex II. 3. Neither Party may, under any measure adopted after the date of entry into force of this Agreement and covered by its Schedule to Annex II, require an investor of the other Party, by reason of its nationality, to sell or otherwise dispose of an investment existing at the time the measure becomes effective. 4. Articles G-02 and G-03 do not apply to any measure that is an exception to, or derogation from, a Party’s obligations under the TRIPS Agreement, as specifically provided for in that Agreement. 5. Article G-03 does not apply to treatment accorded by a Party pursuant to agreements, or with respect to sectors, set out in its Schedule to Annex III. 6. Articles G-02, G-03 and G-07 do not apply to: (a) procurement by a Party or a state enterprise; or (b) subsidies or grants provided by a Party or a state enterprise, including government-supported loans, guarantees and insurance. 7. The provisions of: (a) Article G-06(1)(a), (b) and (c), and (3)(a) and (b) do not apply to qualification requirements for goods or services with respect to export promotion and foreign aid programs; (b) Article G-06(1)(b), (c), (f) and (g), and (3)(a) and (b) do not apply to procurement by a Party or a state enterprise; and (c) Article G-06(3)(a) and (b) do not apply to requirements imposed by an importing Party relating to the content of goods necessary to qualify for preferential tariffs or preferential quotas.

Reservations and Exceptions. 1. Articles 59, 60 and 63 shall not apply to: (a) any non-conforming measure that is maintained by the following on the date of entry into force of this Agreement, with respect to the sectors or matters specified in Annex 4: (i) the central government of a Party; or (ii) a prefecture of Japan or a province of Indonesia; (b) any non-conforming measure that is maintained by a local government other than a prefecture and a province referred to in subparagraph (a)(ii) on the date of entry into force of this Agreement; (c) the continuation or prompt renewal of any non- conforming measure referred to in subparagraphs (a) and (b); or (d) an amendment or modification to any non- conforming measure referred to in subparagraphs (a) and (b), provided that the amendment or modification does not decrease the conformity of the measure, as it existed immediately before the amendment or modification, with Articles 59, 60 and 63. 2. Each Party shall, on the date of entry into force of this Agreement, notify the other Party of the following information on any non-conforming measure referred to in subparagraph 1(a): (a) the sector or matter, with respect to which the measure is maintained; (b) the domestic or international industry classification codes, where applicable, to which the measure relates; (c) the level of the government which maintains the measure; (d) the obligations under this Agreement with which the measure does not conform; (e) the legal source of the measure; and (f) the succinct description of the measure. 3. Articles 59, 60 and 63 shall not apply to any measure that a Party adopts or maintains with respect to the sectors or matters specified in Annex 5. 4. Where a Party maintains any non-conforming measure on the date of entry into force of this Agreement with respect to the sectors or matters specified in Annex 5, the Party shall, on the same date, notify the other Party of the following information on the measure: (a) the sector or matter, with respect to which the measure is maintained; (b) the domestic or international industry classification codes, where applicable, to which the measure relates; (c) the obligations under this Agreement with which the measure does not conform; (d) the legal source of the measure; and (e) the succinct description of the measure. 5. Neither Party shall, under any measure adopted after the date of entry into force of this Agreement with respect to the sectors or matters specified in Annex 5, require an investor of the ot...

Reservations and Exceptions. 1. Articles 4 (National Treatment), 5 (Most-Favoured-Nation Treatment), 8 (Senior Management, Boards of Directors and Entry of Personnel) and 9 (Performance Requirements) do not apply to: (a) O (i) any existing and non-conforming measure, maintained in the territory of a Party;

Reservations and Exceptions. 1 Articles 3, 4, 6 and 7 shall not apply to: (a) any existing non-conforming measure that is maintained by (i) a Party at the national level, as set out in its Schedule to Annex I, or (ii) a sub-national government; (b) the continuation or prompt renewal of any non-conforming measure referred to in subparagraph (a); (c) an amendment to any non-conforming measure referred to in subparagraph (a) to the extent that the amendment does not decrease the conformity of the measure, as it existed immediately before the amendment, with Articles 3, 4, 6 and 7.