Paragraph 1. The application of paragraph 1 to internal taxes imposed by local governments and authorities with the territory of a contracting party is subject to the provisions of the final paragraph of Article XXIV. The term "reasonable measures" in the last-mentioned paragraph would not require, for example, the repeal of existing national legislation authorizing local governments to impose internal taxes which, although technically inconsistent with the letter of Article III, are not in fact inconsistent with its spirit, if such repeal would result in a serious financial hardship for the local governments or authorities concerned. With regard to taxation by local governments or authorities which is inconsistent with both the letter and spirit of Article III, the term "reasonable measures" would permit a contracting party to eliminate the inconsistent taxation gradually over a transition period, if abrupt action would create serious administrative and financial difficulties. Paragraph 2 A tax conforming to the requirements of the first sentence of paragraph 2 would be considered to be inconsistent with the provisions of the second sentence only in cases where competition was ¹This Protocol entered into force on 14 December 1948. 64 ANNEX I involved between, on the one hand, the taxed product and, on the other hand, a directly competitive or substitutable product which was not similarly taxed. Paragraph 5 Regulations consistent with the provisions of the first sentence of paragraph 5 shall not be considered to be contrary to the provisions of the second sentence in any case in which all of the products subject to the regulations are produced domestically in substantial quantities. A regulation cannot be justified as being consistent with the provisions of the second sentence on the ground that the proportion or amount allocated to each of the products which are the subject of the regulation constitutes an equitable relationship between imported and domestic products. Ad Article V Paragraph 5 With regard to transportation charges, the principle laid down in paragraph 5 refers to like products being transported on the same route under like conditions. Ad Article VI Paragraph 1
Paragraph 1. 3(a) shall have no application to paragraph 3 (Dealing with Claims relating to Stations)." Paragraph 3A.2(b) shall be amended as follows: "3A.2 (b) as soon as reasonably practicable (and in any event within four (4) months) after the Start Date and thereafter before the start of each Franchisee Year: (i) develop a Minor Works' Programme and consult with the Disabled Persons Transport Advisory CommitteeAccessibility Panel and relevant Passengers' Council in relation thereto; (ii) in conjunction with its activities in paragraph 3A.2(b)(i), and, consistent with its obligations under paragraph 3A.2(b), liaise with Network Rail and other Train Operators as necessary with regard to the determination and implementation of each Minor Works' Programme; and (iii) following the consultation and liaison described in paragraphs 3A.2(b)(i) and 3A.2(b)(ii), obtain the Secretary of State's prior approval (such approval not to be unreasonably withheld) of each Minor Works' Programme." A new paragraph 4 shall be inserted as follows, replacing the existing provisions:
Paragraph 1. 7 is changed to: The consulting services to which these Guidelines apply are of an intellectual and advisory nature. These Guidelines do not apply to other types of services in which the physical aspects of the activity predominate. As to these latter services, the Guidelines: Procurement under IBRD Loans and XXX Credits (as modified by this Schedule 1) shall apply.
Paragraph 1. It is hereby agreed that the provisions of this Agreement shall be binding upon the Party of the First Part individually and as members of said Association and upon the membership of Local No. 6 individually and as members of said Union within the territorial jurisdiction of Local No. 6 as determined by the International Union. The employers further agree that on all operations outside of the chartered territory of the Union they will abide by the rates of pay, rules and working conditions established by the collective bargaining agreement between the Local Insulation Contractors and the Local Union in that jurisdiction. Employers may send a Mechanic, and in the event of insufficient supply of local labor in that territory, such additional employees as may be necessary and such employees shall receive in addition to transportation costs the highest wage rate, board allowance, fringe benefits and other conditions of employment, of either that jurisdiction or established in this Agreement.
Paragraph 1. In accordance with the terms of this agreement, Local No. 6 agrees to furnish labor to employers that sign this form of agreement and who are engaged in the trade in the Heat, and Frost Insulation Industry and who comply with the provisions of Article VII of this Agreement.
Paragraph 1. It is agreed by the Employer that any and all cement containers shall not exceed sixty (60) pounds in gross weight, and pails shall not exceed capacity of twelve (12) quarts, and drums shall not exceed thirty-five (35) gallons.
Paragraph 1. All parties to this Agreement must comply with all Occupational Safety and Health Regulations.
Paragraph 1. No party to this Agreement shall discriminate or compel discrimination with respect to employment hereunder on the basis of race, color, religion, sexual orientation, age, sex or national origin or in any other manner prohibited by law.
Paragraph 1. E. of Exhibit FS to Exhibit B to the Master Agreement is deleted and amended to read in full as follows, and all references to such Paragraph 1.E. shall mean such Paragraph 1.E. as amended:
Paragraph 1. This Agreement covers the rates of pay, rules and working conditions of all Mechanics and Apprentices covered by this Agreement and employed by an employer signatory to or otherwise committed to abide by this Agreement, regardless of the location of their employment within the jurisdiction of Local No. 6, when they are engaged in the preparation, fabrication, alteration, application, erection, assembling, molding, spraying, pouring, mixing, hanging, adjusting, repairing, dismantling, reconditioning, maintenance, finishing and/or weatherproofing of cold or hot thermal insulation with such materials as may be specified when these materials are to be installed for thermal purposes in voids, or to create voids, or on either piping, fittings, valves, boilers, ducts, flues, tanks, vats, equipment, or on any hot or cold surfaces for the purpose of thermal control. This is also to include all labor connected with the handling and distribution of thermal insulating materials on job premises and all other such work that is within the jurisdiction of Local No. 6. Also, all sealing of sleeves, building penetration, holes, chases, passages, or openings of any kind in concrete, metal, or any other material by means of machinery, tools and equipment powered by any other method, the purpose of which is to seal after the passage, placing or installation of pipe, conduit, tubing or any other object passing through the above-mentioned openings, electric duct, etc. The purpose of which is to insure a fire rating commensurate with the manufacturer’ s specifications.
