Scope of application in the MNE Sample Clauses

Scope of application in the MNE. Whenever an MNE holds the controlling interest, GP 13 (a) states that it has the responsibility to avoid all adverse human rights impacts. This responsibility is reflected in most GFAs. However, ques- tions may arise whenever an MNE does not fully own a subsidiary or does not hold the controlling interest (GP 13 (b)). The UNGP define the termbusiness relationship” to explicitly include minority as well as majority shareholding positions in joint ventures (OHCHR, 2012, p. 5). The Office of the United Nations High Commissioner for Human Rights has clarified in a letter of interpretative guid- ance (OHCHR, 2013) that there is no indication that minority shareholdings outside the context of joint ventures would be excluded from the scope of GP 13 (b). It is stated that a company has the duty to seek to prevent or mitigate any adverse human rights impacts in all minority shareholdings. Moreo- ver, in a situation in which an MNE lacks the influence to change the behaviour of the entity con- cerned, it should consider ending the business relationship or selling its shares (ibid.). These responsibilities of MNEs under the UNGP have implications for clauses in GFAs con- cerning the scope of the agreement. At least the provisions in the agreement affirming the human rights responsibilities of the MNE should be applicable throughout the whole company group. This includes the rights of the ILO Declaration on Fundamental Principles and Rights at Work. A limita- tion to only wholly owned subsidiaries is not in line with the UNGP. Beyond that scope, in affiliates where the MNE is present but does not control operations, GFAs should include a clause that xxxxxx- xxxx the obligation of the MNE to exert its influence in these companies and to consider ending the relationship if the MNE lacks influence to mitigate adverse human rights impacts.
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Related to Scope of application in the MNE

  • Scope of Application Except as otherwise provided in this Agreement, the dispute settlement provisions of this Chapter shall apply with respect to the settlement of all disputes between the Parties regarding the interpretation or application of this Agreement, whenever a Party considers that the other Party has failed to carry out its obligations under this Agreement.

  • Area of application This Agreement shall apply to investments made by investors of either Contracting Party in the territory of the other Contracting Party both before and after the entry into force of this Agreement.

  • Restriction of application Except as otherwise expressly provided in this contract, Clauses 16 and 17 of the Claims Allocation and Handling Agreement shall not apply as between the parties to this contract if and to the extent that the giving of any right or remedy as provided for under this contract would be prevented or restricted by Clauses 16 and 17 of the Claims Allocation and Handling Agreement.

  • SCOPE & APPLICATION 5.1 This Agreement shall apply in the state of Victoria to: ⮚ The company in respect to all of its employees engaged in building and construction work as defined by the award. ⮚ Employees of the company who are engaged in any of the occupations, callings or industries specified in the award. ⮚ The CFMEU (Building Unions Division and FEDFA Division) Victorian Branch.

  • Scope of Application to Parties The Participating Generator and CAISO acknowledge that all Generators, except those specified in Section 2.2.1 of this Agreement, wishing to submit Bids to the CAISO through a Scheduling Coordinator must sign this Agreement in accordance with Section 4.6 of the CAISO Tariff.

  • Application of Chapter This chapter shall not apply to any employees in a representation unit created pursuant to Chapter 2.79 to the extent to which this chapter is inconsistent with the terms of an agreement or a memorandum of understanding covering such employees.

  • Method of Application Applicants for the SORACOM Air Global Service (each such applicant, an “Applicant”) shall apply for the SORACOM Air Global Service via the on-line sign-up in accordance with the procedure specified by SORACOM after the Applicant agrees to the General Terms (such application, the “Application”).

  • Scope of Use The Fund will use the System and the Data Access Services only for the processing of securities transactions, the keeping of books of account for the Fund and accessing data for purposes of reporting and analysis. The Fund shall not, and shall cause its employees and agents not to (i) permit any unauthorized third party to use the System or the Data Access Services, (ii) sell, rent, license or otherwise use the System or the Data Access Services in the operation of a service bureau or for any purpose other than as expressly authorized under this Addendum, (iii) use the System or the Data Access Services for any fund, trust or other investment vehicle), other than as set forth herein, without the prior written consent of State Street, (iv) allow access to the System or the Data Access Services through terminals or any other computer or telecommunications facilities located outside the Designated Locations, (v) allow or cause any information (other than portfolio holdings, valuations of portfolio holdings, and other information reasonably necessary for the management or distribution of the assets of the Fund) transmitted from State Street’s databases, including data from third party sources, available through use of the System or the Data Access Services to be redistributed or retransmitted to another computer, terminal or other device for other than use for or on behalf of the Fund or (vi) modify the System in any way, including without limitation developing any software for or attaching any devices or computer programs to any equipment, system, software or database which forms a part of or is resident on the Designated Configuration.

  • Acceptance of Application (a) SORACOM may request the Applicant to submit information necessary for SORACOM to determine whether the Applicant may have failed to make any payment that the Applicant is responsible to pay in relation to the SORACOM Private Network Service. In such case, the Applicant shall promptly submit such information in writing.

  • Acceptance and Application of Partial Payments Lender may accept and either apply or hold in suspense Partial Payments in its sole discretion in accordance with this Section 2. Lender is not obligated to accept any Partial Payments or to apply any Partial Payments at the time such payments are accepted, and also is not obligated to pay interest on such unapplied funds. Lender may hold such unapplied funds until Borrower makes payment sufficient to cover a full Periodic Payment, at which time the amount of the full Periodic Payment will be applied to the Loan. If Borrower does not make such a payment within a reasonable period of time, Lender will either apply such funds in accordance with this Section 2 or return them to Borrower. If not applied earlier, Partial Payments will be credited against the total amount due under the Loan in calculating the amount due in connection with any foreclosure proceeding, payoff request, loan modification, or reinstatement. Lender may accept any payment insufficient to bring the Loan current without waiver of any rights under this Security Instrument or prejudice to its rights to refuse such payments in the future.

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