SCM Agreement Sample Clauses

SCM Agreement. 5. See the Section on the SCM Agreement.
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SCM Agreement. 37. In Indonesia — Autos, claims regarding various Indonesian measures adopted pursuant to the Indonesian National Car programmes were raised under the GATT 1994, the SCM Agreement and the TRIMs Agreement. In considering an argument advanced by Indonesia that that the measures in dispute were covered only by the SCM Agreement, the Panel discussed inter alia whether a measure can be covered at the same time by the provisions of the TRIMs Agreement and those of the SCM Agreement. The Panel began by considering whether there was a conflict between the SCM Agreement and the TRIMs Agreement. The Panel first noted that the General Interpretative Note to Annex 1A did not apply to the relationship between these two agreements and that this relationship would have to be considered “in the light of the general international law presumption against conflicts”: “In considering this issue … we need to examine whether there is a general conflict between the SCM Agreement and the TRIMs Agreement. We note first that the interpretative note to Annex IA of the WTO Agreement is not applicable to the relationship between the SCM Agreement and the TRIMs Agreement. The issue of whether there might be a general conflict between the SCM Agreement and the TRIMs Agreement would therefore need to be examined in the light of the general international law presumption against conflicts and the fact that under public international law a conflict exists in the narrow situation of mutually exclusive obligations for provisions that cover the same type of subject matter.”(54)
SCM Agreement is to provide a definition of a subsidy for the purposes of the SCM Agreement” PR, US - Softwood Lumber III,1 [7.24] Elements of Subsidy Article 1.1 of the SCM Agreement provides that a subsidy exists when (a) there is a financial contribution or any form of income or price support; and (b) a benefit is thereby conferred. PR, China – GOES,2 [7.59] PR, Brazil – Aircraft, [5.18] Exhausted subsidy in the lists of Art. 1.1 ASCM The Appellate Body also highlighted that “Article 1 of the SCM Agreement sets out a definition of “subsidy” that applies to the whole of that Agreement. This definition includes all such subsidies, regardless of their amount. ABR, US — Carbon Steel,3 [80-81]
SCM Agreement. 29. As the text of Article 16 of the SCM Agreement parallels the text of Article 4 of the Anti- Dumping Agreement, see also the Section on Article 16 of the SCM Agreement. Current as of: June 2020
SCM Agreement. The SCM Agreement contains a number of disciplines that can relate to investment incentives. The agreement includes for the first time a comprehensive definition of the term “subsidy”, which is defined as “a financial contribution by a government or any public body within the territory of a Member”, that confers a 48 GATS, Part IV: Article XX. 49 TRIPs Agreement, Part I. 50 TRIPs Agreement, Part II. 51 TRIPs Agreement, Part III. 52 TRIPs Agreement, Part V. 53 TRIPs Agreement, Part VI.‌‌‌‌ benefit.54 Financial contribution can take several forms: direct transfers of funds (e.g., grants, loans, equity infusions), potential direct transfer or funds or liabilities (e.g., loan guarantees); foregone or uncollected government revenues (e.g., tax credits) other than agreed border tax adjustments; provision of goods and services other than general infrastructure on concessional terms; income or price support. The SCM Agreement distinguishes among three categories of subsidies: subsidies that are prohibited, subsidies that are actionable and subsidies that are non- actionable. Actionable subsidies could include, in principle, most of the FDI incentive types. However, actionable subsidies should be proved that they have “adverse effects” on international trade, either causing injury to the domestic industry of another member country; nullifying or impairing WTO benefits; or causing “serious prejudice” to the interests of another member country.55 Two subcategories of subsidies are deemed to be prohibited: non-agricultural subsidies that are contingent upon export performance; and subsidies that are contingent on the use of domestic goods in place of imported goods (local content requirement).56 The relevance of this category of subsidies to FDI is emphasized by the fact that the granting of FDI incentives has often been conditioned upon certain performance requirements being met, with export performance and local content requirements being the most prevalent among these.

Related to SCM Agreement

  • Item Agreement As negotiated items are agreed upon, they shall be reduced to writing and initialed by the chief negotiator of each party. Such initialing shall be construed as tentative agreement by both parties on that item or issue, subject to finalization by ratification by the membership of the Association and adoption by the Board.

  • Consortium Agreement agreement entered into by and between the Manager and the Contractors, pursuant to Annex X.

  • Cooperation Agreement At the Closing, PCC and Buyer shall, and PCC shall cause PCC Parent to, execute and deliver the Cooperation Agreement pursuant to which Buyer, PCC Parent and PCC shall provide each other certain information and other assistance in connection with the collection, administration and/or satisfaction of certain of the Retained Liabilities.

  • Termination Agreement 8.01 Notwithstanding any other provision of this Agreement, WESTERN, at its sole option, may terminate either a Purchase Order or this Agreement at any time by giving fourteen (14) days written notice to CONSULTANT, whether or not a Purchase Order has been issued to CONSULTANT.

  • Services Agreement “Services Agreement” shall mean any present or future agreements, either written or oral, between Covered Entity and Business Associate under which Business Associate provides services to Covered Entity which involve the use or disclosure of Protected Health Information. The Services Agreement is amended by and incorporates the terms of this BA Agreement.

  • One Agreement This Agreement and any related security or other agreements required by this Agreement, collectively:

  • Development Agreement As soon as reasonably practicable following the ISO’s selection of a transmission Generator Deactivation Solution, the ISO shall tender to the Developer that proposed the selected transmission Generator Deactivation Solution a draft Development Agreement, with draft appendices completed by the ISO to the extent practicable, for review and completion by the Developer. The draft Development Agreement shall be in the form of the ISO’s Commission-approved Development Agreement for its reliability planning process, which is in Appendix C in Section 31.7 of Attachment Y of the ISO OATT, as amended by the ISO to reflect the Generator Deactivation Process. The ISO and the Developer shall finalize the Development Agreement and appendices as soon as reasonably practicable after the ISO’s tendering of the draft Development Agreement. For purposes of finalizing the Development Agreement, the ISO and Developer shall develop the description and dates for the milestones necessary to develop and construct the selected project by the required in-service date identified in the Generator Deactivation Assessment, including the milestones for obtaining all necessary authorizations. Any milestone that requires action by a Connecting Transmission Owner or Affected System Operator identified pursuant to Attachment P of the ISO OATT to complete must be included as an Advisory Milestone, as that term is defined in the Development Agreement. If the ISO or the Developer determines that negotiations are at an impasse, the ISO may file the Development Agreement in unexecuted form with the Commission on its own, or following the Developer’s request in writing that the agreement be filed unexecuted. If the Development Agreement is executed by both parties, the ISO shall file the agreement with the Commission for its acceptance within ten (10) Business Days after the execution of the Development Agreement by both parties. If the Developer requests that the Development Agreement be filed unexecuted, the ISO shall file the agreement at the Commission within ten (10) Business Days of receipt of the request from the Developer. The ISO will draft, to the extent practicable, the portions of the Development Agreement and appendices that are in dispute and will provide an explanation to the Commission of any matters as to which the parties disagree. The Developer will provide in a separate filing any comments that it has on the unexecuted agreement, including any alternative positions it may have with respect to the disputed provisions. Upon the ISO’s and the Developer’s execution of the Development Agreement or the ISO’s filing of an unexecuted Development Agreement with the Commission, the ISO and the Developer shall perform their respective obligations in accordance with the terms of the Development Agreement that are not in dispute, subject to modification by the Commission. The Connecting Transmission Owner(s) and Affected System Operator(s) that are identified in Attachment P of the ISO OATT in connection with the selected transmission Generator Deactivation Solution shall act in good faith in timely performing their obligations that are required for the Developer to satisfy its obligations under the Development Agreement.

  • Interconnection Agreement On or before December 31, 2015, Wholesale Market Participant must enter into an Interconnection Agreement with the Transmission Owner in order to effectuate the WMPA. Wholesale Market Participant shall demonstrate the occurrence of each of the foregoing milestones to Transmission Provider’s reasonable satisfaction. Transmission Provider may reasonably extend any such milestone dates, in the event of delays that Wholesale Market Participant (i) did not cause and (ii) could not have remedied through the exercise of due diligence. If (i) the Wholesale Market Participant suspends work pursuant to a suspension provision contained in an interconnection and/or construction agreement with the Transmission Owner or (ii) the Transmission Owner extends the date by which Wholesale Market Participant must enter into an interconnection agreement relative to this WMPA, and (iii) the Wholesale Market Participant has not made a wholesale sale under this WMPA, the Wholesale Market Participant may suspend this WMPA by notifying the Transmission Provider and the Transmission Owner in writing that it wishes to suspend this WMPA, with the condition that, notwithstanding such suspension, the Transmission System shall be left in a safe and reliable condition in accordance with Good Utility Practice and Transmission Provider’s safety and reliability criteria. Wholesale Market Participant’s notice of suspension shall include an estimated duration of the suspension period and other information related to the suspension. Pursuant to this section 3.1, Wholesale Market Participant may request one or more suspensions of work under this WMPA for a cumulative period of up to a maximum of three years. If, however, the suspension will result in a Material Modification as defined in Part I, Section 1.18A.02 of the Tariff, then such suspension period shall be no greater than one (1) year. If the Wholesale Market Participant suspends this WMPA pursuant to this Section 3.1 and has not provided written notice that it will exit such suspension on or before the expiration of the suspension period described herein, this WMPA shall be deemed terminated as of the end of such suspension period. The suspension time shall begin on the date the suspension is requested or on the date of the Wholesale Market Participant’s written notice of suspension to Transmission Provider, if no effective date was specified. All milestone dates stated in this Section 3.1 shall be deemed to be extended coextensively with any suspension period permitted pursuant to this provision.

  • Assignment of Management Agreement As additional collateral security for the Loan, Borrower conditionally transfers, sets over, and assigns to Lender all of Borrower’s right, title and interest in and to the Management Agreement and all extensions and renewals. This transfer and assignment will automatically become a present, unconditional assignment, at Lender’s option, upon a default by Borrower under the Note, the Loan Agreement, the Security Instrument or any of the other Loan Documents (each, an “Event of Default”), and the failure of Borrower to cure such Event of Default within any applicable grace period.

  • Collaboration Agreement The Collaboration Agreement shall not have been terminated in accordance with its terms and shall be in full force and effect.

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