The scope of the Sample Clauses

The scope of the. denial of benefits” clause under the case law of the international law of foreign investments The “denial of benefits” provision was discussed by ICSID arbitral tribunals in disputes based on BITs and NAFTA. Article 17(1) of the ECT was invoked in the ICSID case Plama v. Bulgaria29. As Plama v. Bulgaria is one of the central points of discussion for this study, the Decision on Jurisdiction and the Award30 shall be discussed in Section II.2 below. In Waste Management II v. Mexico, the Tribunal referred to the “denial of benefits” clause in Article 1113 of the NAFTA while discussing the status of the Claimant as “investor”. The Tribunal viewed Article 1113 as including a condition for commencing arbitration under NAFTA. 31 The clause was seen by the tribunal as addressing […] situations where the investor is simply an intermediary for interests substantially foreign and it allows NAFTA protections to be withdrawn in such cases (subject to prior notification and consultation)32 The Tribunal in Pan American Energy and BP Argentina Exploration v. Argentina and BP America Production Company v. Argentina33 addressed the issue of the 28 Draft Articles on Diplomatic Protection, Supra, Article 9. 29 Plama Consortium Limited v. the Republic of Bulgaria, ICSID Case No. ARB/03/24 [X.X. Xxxxxx, President, X. X. van den Xxxx, X.X. Xxxxxx], Decision on Jurisdiction of 8 February 2005. 30 Plama Consortium Limited v. the Republic of Bulgaria, ICSID Case No. ARB/03/24 [X.X. Xxxxxx, President, X. X. van den Xxxx, X.X. Xxxxxx], Award of 27 August 2008. 31 Waste Management, Inc. v. United Mexican States, ICSID Case No. ARB(AF)/00/3 [X. Xxxxxxxx, President, X.X. Xxxxx, X.X. Xxxxxxxxx], Award of 30 April 2004, 43 ILM 967 (2004), para. 80
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Related to The scope of the

  • Service Scope Business Services apply to a single corresponding registered Covered Product. Purchasers of Business Services receive a 2 year limited business warranty (see VIVE Enterprise Business Limited Warranty here for details), starting from the original purchase date of your Covered Product. Business Services include expedited usage technical support, expedited customer care services and VIVE online resources as set forth in these Terms and Conditions and (xxx.xxxx.xxx/xxxxxxx).

  • Object and Scope of the Agreement The competent authorities of the Contracting Parties shall provide assistance through exchange of information that is foreseeably relevant to the administration and enforcement of the domestic laws of the Contracting Parties concerning taxes covered by this Agreement. Such information shall include information that is foreseeably relevant to the determination, assessment and collection of such taxes, the recovery and enforcement of tax claims, or the investigation or prosecution of tax matters. Information shall be exchanged in accordance with the provisions of this Agreement and shall be treated as confidential in the manner provided in Article 8. The rights and safeguards secured to persons by the laws or administrative practice of the requested Party remain applicable to the extent that they do not unduly prevent or delay effective exchange of information.

  • Scope of Engagement Client hereby engages each of Arete and IndieBrokers to act as co-managers of the proposed Offering on a “Best Efforts” basis. Therefore, Client understands that there is no guarantee that the Co-Managers will be able to successfully complete the Offering or successfully assist Client in raising capital and neither Co-Manager has any obligation to purchase or sell any Securities. In addition, Client will be solely responsible for the following:

  • License Scope Licensee is granted a non-exclusive, perpetual license to use, execute, reproduce, display, perform, or merge the Product within its business enterprise in the United States up to the maximum licensed capacity stated on the Purchase Order. Product may be accessed, used, executed, reproduced, displayed or performed up to the capacity measured by the applicable licensing unit stated on the Purchase Order (i.e., payroll size, number of employees, CPU, MIPS, MSU, concurrent user, workstation). Licensee shall have the right to use and distribute modifications or customizations of the Product to and for use by any Authorized Users otherwise licensed to use the Product, provided that any modifications, however extensive, shall not diminish Licensor’s proprietary title or interest. No license, right or interest in any trademark, trade name, or service xxxx is granted hereunder.

  • JOC EVALUATION If any materials being utilized for a project cannot be found in the RS Means Price Book, this question is what is the markup percentage on those materials? When answering this question please insert the number that represents your percentage of proposed markup. Example: if you are proposing a 30 percent markup, please insert the number "30". Remember that this is a ceiling markup. You may markup a lesser percentage to the TIPS Member customer when pricing the project, but not a greater percentage. EXAMPLE: You need special materials that are not in the RS Means Unit Price Book for a project. You would buy the materials and xxxx them up to the TIPS Member customer by the percentage you propose in this question. If the materials cost you, the contractor, $100 and you proposed a markup on this question for the material of 30 percent, then you would charge the TIPS Member customer $130 for the materials. No response TIPS/ESC Region 8 is required by Texas Government Code § 791 to be compensated for its work and thus, failure to agree shall render your response void and it will not be considered. Yes - No Vendor agrees to remit to TIPS the required administration fee or, if resellers are named, guarantee the fee remittance by or for the reseller named by the vendor?

  • SCOPE OF THE CONTRACT 4.1 The Contractor shall perform the Services set out [in Schedule 1] [below2] in accordance with the Contract.

  • TERM AND SCOPE OF THE CIA A. This CIA shall have a term of five years from the Effective Date. The Effective Date shall be the date on which the final signatory signs this CIA. Each one- year period, beginning with the one-year period following the Effective Date, shall be referred to as a “Reporting Period.”

  • General Scope of Services Contractor promises and agrees to furnish all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply professional services, as more particularly described in Exhibit B (Statement of Work and Misc. Documents) attached hereto and incorporated herein by reference (collectively “Services”). All Services shall be subject to, and performed in accordance with, this Contract, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.

  • JOB EVALUATION The work of the provincial job evaluation steering committee (the JE Committee) will continue during the term of this Framework Agreement. The objectives of the JE Committee are as follows: • Review the results of the phase one and phase two pilots and outcomes of the committee work. Address any anomalies identified with the JE tool, process, or benchmarks. • Rate the provincial benchmarks and create a job hierarchy for the provincial benchmarks. • Gather data from all school districts and match existing job descriptions to the provincial benchmarks. • Identify the job hierarchy for local job descriptions for all school districts. • Compare the local job hierarchy to the benchmark-matched hierarchy. • Develop a methodology to convert points to pay bands - The confirmed method must be supported by current compensation best practices. • Identify training requirements to support implementation of the JE plan and develop training resources as required. Once the objectives outlined above are completed, the JE Committee will mutually determine whether a local, regional or provincial approach to the steps outlined above is appropriate. It is recognized that the work of the committee is technical, complicated, lengthy and onerous. To accomplish the objectives, the parties agree that existing JE funds can be accessed by the JE committee to engage consultant(s) to complete this work. It is further recognized that this process does not impact the established management right of employers to determine local job requirements and job descriptions nor does this process alter any existing collective agreement rights or established practices. When the JE plan is ready to be implemented, and if an amendment to an existing collective agreement is required, the JE Committee will work with the local School District and Local Union to make recommendations for implementation. Any recommendations will also be provided to the Provincial Labour Management Committee (PLMC). As mutually agreed by the provincial parties and the JE Committee, the disbursement of available JE funds shall be retroactive to January 2, 2020. The committee will utilize available funds to provide 50% of the wage differential for the position falling the furthest below the wage rate established by the provincial JE process and will continue this process until all JE fund monies at the time have been disbursed. The committee will follow compensation best practices to avoid problems such as inversion. The committee will report out to the provincial parties regularly during the term of the Framework Agreement. Should any concerns arise during the work of the committee they will be referred to the PLMC. Create a maintenance program to support ongoing implementation of the JE plan at a local, regional or provincial level. The maintenance program will include a process for addressing the wage rates of incumbents in positions which are impacted by implementation of the JE plan. The provincial parties confirm that $4,419,859 of ongoing annual funds will be used to implement the Job Evaluation Plan. Effective July 1, 2022, there will be a one-time pause of the annual $4,419,859 JE funding. This amount has been allocated to the local table bargaining money. The annual funding will recommence July 1, 2023.

  • Scope of Traffic Section 5 prescribes parameters for Interconnection Trunks used for Interconnection pursuant to Sections 2 through 4 of this Attachment.

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