With reference to. Article 15, paragraph 2 The provisions of paragraph 2 shall not apply to an employee who is hired out. For the purposes of the preceding sentence, an employee who is a resident of a Contracting State shall be deemed to be hired out if he is placed at another person`s disposal by a person (the hirer- out) to carry out work in the business of such other person (the principal) in the other Contracting State, provided that the principal is a resident of, or has a permanent establishment in, that other State, and that the hirer-out neither has any responsibility nor bears any risk in respect of the result of the work. In determining whether an employee shall be deemed to be hired out, a comprehensive review shall be carried out, with particular reference to whether:
With reference to. Article 12, paragraph 3 - It is understood that the provisions of paragraph 3 of Article 12 shall apply to payments of any kind to any person, other than payments to an employee of a person making such payments, in consideration for the rendering of assistance or services of a managerial, administrative, scientific, technical or consultancy nature.
With reference to. 6 of this contract, if any damage is found which in the opinion of Class Surveyor present at the inspection constitute a recommendation not requiring Vessel to drydock until the Vessel shall drydock at the next scheduled drydocking, then Sellers and Buyers shall apply two shipyards mutually agreed in the delivery area for quotations for repairs of the said damages. The cost to be the direct cost to repair such damage, i.e.: no drydocking fees, no off hire, etc. The matter it shall be in the Sellers’ option whether to repair said damages prior to delivery or deliver the recommendation against a reduction in price of the cost of repairs, which to be defined as the average of the two quotations obtained. If no damage is found by Class Surveyor, then the Vessel shall be delivered without pre-delivery drydocking.
With reference to. Article 24, paragraph 3 The provisions of the Brazilian law which do not allow that royalties as defined in paragraph 3 of Article 12, paid by company resident of Brazil to a person who is not a resident of Brazil who holds at least 50 per cent of the voting capital of that company be deductible at the moment of the determination of the taxable income of the company resident of Brazil, are not in conflict with the provisions of paragraph 3 of Article 24 of the present Convention.
With reference to. Article 5 paragraph 5 An agent of a German enterprise acting as a "representative of a foreign trading company" in the Republic of Indonesia in accordance with the respective provisions of the Indonesian Laws and Regulations shall not constitute a permanent establishment as far as his activities are confined to the limits provided for in aforementioned provisions of the Indonesian Laws and Regulations.
With reference to. Article 9: Notwithstanding the provisions of Article 9, an enterprise of one of the Contracting States may be taxed by that Contracting State as if that Article had not come into effect but, so far as it is practicable to do so, in accordance with the principles applicable under that Article.