Where a person Clause Samples
Where a person signs this contract on behalf of a company to be formed and the company is not incorporated within 45 days after acceptance by the seller or the company after being duly incorporated does not adopt and ratify this agreement within 7 days after incorporation the person who signs this agreement shall remain liable to the seller as surety or co principal debtor for the obligations of the purchaser in terms of this agreement waiving the hereinafter mentioned legal exceptions.
Where a person who is employed in a port or the territorial waters of a Contracting State but who is not a member of the crew on a vessel, is engaged in loading, unloading and repairing a vessel flying the flag of other Contracting State or supervises such activities, he shall be subject to the legislation of the Contracting State of the port or territorial waters.
Where a person. (a) was ordinarily resident in Malta on the date that this Agreement enters into force; and
(b) is receiving New Zealand superannuation or a veteran’s pension under the New Zealand Superannuation and Retirement Income Act 2001 or the War Pensions Act 1954; and
(c) becomes entitled to receive that benefit under Article 5 but not by application of Article 6 then the rate of New Zealand superannuation or veteran’s pension payable to that person shall not be less than the amount that would be payable in the absence of this Agreement.
Where a person. (a) at any time prior to the commencement of this Act, applied to the Minister under section 5 of the Criminal Injuries (Compensation) Act as then in force and the Minister made a payment under section 6 of that Act to the person but the amount of the payment did not include an amount by way of costs; or
(b) receives a payment under section 6 of the Criminal Injuries (Compensation) Act by virtue of subsection (1), that person may be paid such an amount by way of costs as the Minister thinks fit.
Where a person. (a) was ordinarily resident in Malta on the date that this Agreement enters into force; and
(b) is receiving New Zealand superannuation or a veteran’s pension under the New Zealand Superannuation and Retirement Income ▇▇▇ ▇▇▇▇ or the War ▇▇▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇; and
(c) becomes entitled to receive that benefit under Article 5 but not by application of Article 6 then the rate of New Zealand superannuation or veteran’s pension payable to that person shall not be less than the amount that would be payable in the absence of this Agreement.
4. In calculating the amount of benefit payable under this Article, no account shall be taken of any benefit payable under Malta’s social security scheme or under the social security laws of a third country.
5. For the avoidance of doubt, a person who is entitled to receive New Zealand superannuation or a veteran’s pension under Article 6 of this Agreement whose spouse or partner has not reached the age of entitlement for New Zealand superannuation is not entitled to elect to receive the alternative rate of New Zealand superannuation or veteran’s pension payable to a person who is married or in a civil union or a de facto relationship whose spouse or partner is not entitled to receive New Zealand superannuation or a veteran’s pension.
Where a person. (other than an agent of an independent status to whom the provisions of paragraph 7 apply) is acting in a Contracting State on behalf of an enterprise of the other Contracting State, that enterprise shall be deemed to have a permanent establishment in the first- mentioned State in respect of any activities which that person undertakes for the enterprise, if :
(a) that person has, and habitually exercises in the first-mentioned State, an authority to conclude contracts on behalf of the enterprise ; or
(b) that person maintains the first-mentioned Contracting State a stock of goods or merchandise belonging to the enterprise from which he regularly delivers goods or merchandise on behalf of the enterprise.
Where a person other than an agent of an independent status to whom paragraph 6 applies – is acting on behalf of an enterprise and has, and habitually exercises, in a Contracting State an authority to conclude contracts in the name of the enterprise, that enterprise shall be deemed to have a permanent establishment in that State in respect of any activities which that person undertakes for the enterprise, unless the activities of such person are limited to those mentioned in paragraph 4 which, if exercised through a fixed place of business, would not make this fixed place of business a permanent establishment under the provisions of that paragraph.