Mitigation Measures Company shall take commercially reasonable measures (except measures causing it to incur out-of-pocket expenses which BNYM does not agree in advance to reimburse) to mitigate losses or potential losses to BNYM, including taking verification, validation and reconciliation measures that are commercially reasonable or standard practice in the Company’s business.
Interim Measures 6.1 The Parties acknowledge that the British Columbia Claims Task Force made the following recommendation concerning interim measures:
Corrective Measures If the Participating Generator fails to meet or maintain the requirements set forth in this Agreement and/or the CAISO Tariff, the CAISO shall be permitted to take any of the measures, contained or referenced in the CAISO Tariff, which the CAISO deems to be necessary to correct the situation.
MEASUREMENT AND VERIFICATION The goal of this task is to report the benefits resulting from this project. Project team may use in- house expertise of the project demonstration site or use third party vendor for measurement and verification (M&V) of GHG and energy consumption reduction. The Recipient shall: • Enter into agreement with M&V subcontractor per Task 1.9 • Coordinate site visits with the M&V subcontractor at the demonstration sites • Develop M&V protocol for pre-installation measurement (and calculation): o Electric, natural gas and/or other fossil fuel consumption and GHG emissions (use appropriate emissions factor from Attachment 8 of the grant solicitation) of the equipment/process/system(s)/sub-system(s) that are to be upgraded and/or replaced and/or modified. o Ensure installation of sub-metering equipment and data loggers for pre/post data analysis. • Prepare and provide a detailed M&V Plan for each project demonstration site to include but not be limited to: o Description of the monitoring equipment and instrumentation which will be used. o Description of the key input parameters and output metrics which will be measured. o Description of the M&V protocol and analysis methods to be employed. o Description of the independent, third-party M&V services to be employed, if applicable. • Perform three months (or shorter period as approved in writing by the CAM) of pre- installation measurements (and calculations) based on the M&V protocol for pre- installation. • Prepare and provide a Pre-Installation M&V Findings Report for each demonstration site that includes M&V protocol, pre-install measurements (and calculations), analysis, and results performed in this task. • Develop M&V protocol for post-installation measurements (and calculations) of: o Electric, natural gas and/or other fossil fuel consumption and GHG emissions (use appropriate emissions factor from Attachment 8 of the grant solicitation) of the equipment/process/system(s)/sub-system(s) that will be upgraded and/or replaced and/or modified Perform 12 months or two seasons, for seasonal facilities, (or shorter period as approved in writing by the CAM) of post-installation measurements based on M&V protocol for post-installation. • Provide a summary of post-installation M&V progress in Progress Report(s) (see subtask 1.5) which shall include but not be limited to: o A narrative on operational highlights from the reporting period, including any stoppages in operation and why; and o A summary of M&V findings from the reporting period. • Analyze post-installation electrical, natural gas and/or other fossil fuel consumption and GHG emissions. • Prepare and provide a Post-Installation M&V Findings Report for each demonstration site that includes M&V protocol, pre and post install measurements (and calculations), analysis, and results performed in this task. Results should at a minimum report on the reduction of electricity, natural gas and/or other fossil fuel usage and reductions of GHG emissions that directly result from this project and include the following: o Provide all key assumptions used to estimate and determine energy and GHG reductions (and additions, if applicable). o Provide all key assumptions used to estimate projected benefits, including targeted market sector (e.g., population and geographic location), projected market penetration, baseline and projected energy use and cost, operating conditions, and emission reduction calculations. o Discuss whether the energy and GHG emission reductions identified in section II.C were met. • Prepare a CPR Report #2 in accordance with subtask 1.3. • Participate in a CPR Meeting #2.
Protective Measures We have implemented and will maintain appropriate technical and organisational measures in relation to the Services taking into account the state of the art, the costs of implementation, and the nature, scope, context and purposes of Processing, as well as the likelihood and severity of risk to the rights and freedoms of data subjects. This includes measures relating to the physical security of Our facilities used to deliver them, measures to control access rights to Our assets and relevant networks, and processes for testing these measures. In accordance with Our obligations under applicable law, We may undertake digital forensic investigations in relation to the use of the Services and Subscriptions. You are responsible for using, and ensuring that your Users use, the controls and advice provided by the Services correctly and consistently.
Taxation Measures 1. Except as provided in this Article nothing in this Agreement shall apply to taxation measures. 2. Nothing in this Agreement shall affect the rights and obligations of the Parties under any tax convention. In the event of any inconsistency between the provision of this Agreement and any such convention, the provisions of that convention shall apply to the extent of the inconsistency. 3. Without prejudice to the application of paragraph 2, the disciplines referred to hereinafter shall apply to taxation measures: (a) Article 7 (National Treatment) of Chapter 2 (National Treatment and Market Access for Goods) and such other provisions of this Agreement as are necessary to give effect to that Article to the same extent as does Article III of the GATT 1994; and (b) Article 106 (National Treatment) of Chapter 8 (Trade in Services), subject to the exceptions provided for in Article XIV letters (d) and (e) of the GATS, which are hereby incorporated. 4. The provisions of Article 133 (Expropriation) and Annex 9 (Expropriation) of this Chapter shall apply to taxation measures alleged to be expropriatory. 5. The provisions of Article 139 (Investor-State Dispute Settlement) apply with respect to paragraph 4 of this Article. 6. If an investor invokes Article 133 (Expropriation) and Annex 9 (Expropriation) of this Chapter as the basis of a claim to arbitration according to Article 139 (Investor-State Dispute Settlement), the following procedure shall apply: The investor must first refer to the competent tax authorities described in subparagraph 7(c), at the time that it gives written notice of intent under Article 139 (Investor-State Dispute Settlement), the issue of whether the tax measure concerned involves an expropriation. In case of such referral, the competent tax authorities shall consult. Only if, within 6 months of the referral, they do not reach an agreement that the measure does not involve an expropriation, or in case the competent tax authorities of the Parties fail to consult with each other, the investor may submit its claim to arbitration under Article 139 (Investor-State Dispute Settlement). 7. For purposes of this Article: (a) taxation measures do not include: (i) a customs duty; or (ii) the measures listed in exceptions (b) and (c) of the definition of customs duty; (b) tax convention means a convention, or other international arrangement on taxation, to avoid double taxation; and (c) competent tax authorities means: (i) for China, the State Administration of Taxation; and (ii) for Peru, the Ministry of Economy and Finance, or its successor.
Safeguard Measures 1. The Parties note the multilateral negotiations pursuant to Article X of GATS on the question of emergency safeguard measures based on the principle of non- discrimination. Upon the conclusion of such multilateral negotiations, the Parties shall conduct a review for the purpose of discussing appropriate amendments to this Agreement so as to incorporate the results of such multilateral negotiations.
Test The outer surface of the lamp lenses shall be subjected once or more than once to the action of the sand jet produced as described above. The jet shall be sprayed almost perpendicular to the surface to be tested. The deterioration shall be checked by means of one or more samples of glass placed as a reference near the lenses to be tested. The mixture shall be sprayed until the variation in the diffusion of light on the sample or samples measured by the method described in Appendix 2, is such that: Δ d = (T5 - T4) / T2 ≤ 0.0250 ± 0.0025 Several reference samples may be used to check that the whole surface to be tested has deteriorated homogeneously. Annex 6 - Appendix 4
Bilateral Safeguard Measures 1. Where, as a result of the reduction or elimination of a customs duty under this Agreement, any product originating in a Party is being imported into the territory of another Party in such increased quantities, in absolute terms or relative to domestic production, and under such conditions as to constitute a substantial cause of serious injury or threat thereof to the domestic industry of like or directly competitive products in the territory of the importing Party, the importing Party may take bilateral safeguard measures to the minimum extent necessary to remedy or prevent the injury, subject to the provisions of paragraphs 2 to 10.
Emergency Measures Additional measures and/or other special requirements necessary during periods of critical fire-weather conditions shall be included in the fire prevention and presuppression plan.
