Fourth Paragraph definition
Fourth Paragraph. With no jeopardy of the established in sole paragraph of article 1,058 of Codigo Civil Brasileiro, and, after January 11, 2003, article 393 of Law n. 10,406, of January 10, 2002, The Parties shall consider as events of Higher Power any act or fact, with its occurrence impossible for the Parties to foresee, or that they could have foreseen to have unpredictable consequences, as well as those against which its diligent action had not been enough to avoid or is not enough to amend, among which:
Fourth Paragraph. The decisions shall be adopted by the majority of the arbitrators of the arbitration court and cannot be based on the principle of equity, being obligated to keep the foreseen in the legal and/or normative dispositions of Republica Federativa do Brasil or the applicable contract establishments. Fifth Paragraph- The access to the Judiciary shall only be allowed in the cases clearly foreseen in Federal Law n. 9,307/96. In cases when the access to the Judiciary be allowed, the Parties elect the Court of Justice of the County of Sao Paulo, with the exclusion of any other no matter the more qualified it may be, to know of actions that guarantee the complete fulfillment of the arbitration procedure and to execute the final arbitration sentence, whenever necessary. Sixth Paragraph- The Party that for any reason frustrates or impedes the initiation of the court of arbitration, be it not adopting the necessary arrangements within the due period, or be it forcing the other party to adopt the measures foreseen in Article 7 of Federal Law n. 9,307/96, or yet not fulfilling all the terms of the arbitration sentence, shall pay the fine not susceptible of compensation equivalent to R$ 5,000 (five thousand Reais), to be updated according to the annual variation of the IGPM, per day of delay in the initiation of the arbitration court or in the fulfillment of the established in the arbitration sentence, with no jeopardy to the determinations and penalties within such sentence. CHAPTER XIII
Fourth Paragraph. For purposes of the provisions of the preceding paragraphs, the PROMISING TRANSFEROR grants, on the date hereof, an irrevocable power-of-attorney to persons chosen by mutual agreement between PROMISING TRANSFEROR and the PROMISING TRANSFEREE, conferring upon them the necessary powers to effectuate the transfer of the rights.
Examples of Fourth Paragraph in a sentence
Fourth Paragraph- It is understood by the Parties that Price corresponds to the specific MWh and to the proper capacity necessary for its production, even if in an ephemeral manner.
Fourth Paragraph – Taking into account the fact that the CONSUMER is allowed to acquire electric power in a free condition and in addition to the amounts established in this AGREEMENT, and as disposed in this Clause, it is agreed forthwith between the PARTIES that the interruption of supply established in the previous Paragraph shall correspond to the full power load.
If a party breaks its or his promise in the Fourth Paragraph of this Agreement and files a lawsuit, request for arbitration or other claim or action based on legal claims that the party has released, that party will pay for all costs incurred by the other party, any related companies or the directors or employees of any of them, including reasonable attorneys’ fees, in defending against the claim.
Fourth Paragraph - Beginning with “The accompanying table…” “[Allowance for Credit Losses]” - Table.
Fourth Paragraph The adjourning stated in Third Paragraph of this Clause shall not be extended for longer than 12 (twelve) months.
More Definitions of Fourth Paragraph
Fourth Paragraph. The business of the PROMISING TRANSFEROR has been operated in material compliance with all applicable laws, statutes, rules, regulations, ordinances, codes, orders, licenses, permits or authorizations, as such now apply to such business, and to the knowledge of the PROMISING TRANSFEROR no notification has been received alleging any violation of any of the foregoing.
Fourth Paragraph. The party who loses the dispute will be responsible for the expenses of the arbitration process which include the legal fees the sponsors of the parties. FIFTEENTH CLAUSE - The present Contract constitutes one single agreement between the SELLER, the PURCHASER with regards to the sale and purchase of the SHARES of the SELLER, and supersedes prior agreements and understandings, oral or written, with regards to the object of this contract.
Fourth Paragraph. It is understood that the transfer or transfers of the Permissions include the transfer to the PROMISING TRANSFEREE of any equipment, cables, transmitters, receivers and other infrastructure, and all user's rights related to such infrastructure then owned or entitled to the PROMISING TRANSFEROR and affected to the service.
Fourth Paragraph. The cost of the service of transferring the ownership of the book-entry shares charged by the depositary financial institution may be passed on to the shareholder, pursuant to the third paragraph of Article 35 of Law No. 6,404 dated 12/15/76, subject to the maximum limits established by the Brazilian Securities Exchange Commission ("Comissão de Valores Mobiliários").
Fourth Paragraph. With the exception of the provisions of Para- graph 2, if coercive or injunctive orders become necessary, the arbitrators may request them from the State Court originally com- petent to decide the case.
Fourth Paragraph. If the arbitration clause fails to provide for the appointment of arbitrators, the Judge, after hearing the par- ties, shall rule thereon, being allowed to appoint a sole arbitrator to decide the dispute. Fifth Paragraph: If the plaintiff, without good cause, fails to at- 29 tend the hearing designated for the drafting of the submission to arbitration, the case will be terminated without judgment on the merits. Sixth Paragraph: If the defendant fails to attend the hearing, 30 the Judge shall have the authority, after hearing the plaintiff, to establish the contents of the submission to arbitration, and to appoint a sole arbitrator. Seventh Paragraph: The judgment granting the motion shall 31 have the force of a submission to arbitration.
Fourth Paragraph. The Master Franchisee shall, on a quarterly basis, report to his franchisees all funds collected and expenses made with the Marketing Fund. SIXTH PARAGRAPH - The Master Franchisee acknowledges and understands that the marketing, advertising and promotion activities are vital to improve the goodwill and public image of BOB'S and its restaurants. SEVENTH PARAGRAPH - The Master Franchisee shall submit to the Franchisor all advertising prepared by the Master Franchisee and/or his franchisees, at least thirty (30) days prior to its effective use, for approval by the Franchisor. The Franchisor shall be entitled to disapprove of the advertising, by means of a written notice to the Master Franchisee. [ENGLISH TRANSLATION] EIGHTH PARAGRAPH - Both the Master Franchisee, in connection with his own restaurants, and his franchisees in connection with their units, shall invest the amount corresponding to US$ 10,000.00 (ten thousand North American dollars) in the promotion of the opening of each BOB'S unit, in promotion and marketing materials that will compose of the initial campaign of the restaurants. NINTH PARAGRAPH - The Master Franchisee shall, at its own expenses and upon Franchisor's previous approval, develop an initial campaign for launching the BOB'S trademark in the Territory, involving electronic media, out-doors, printed media, press consulting and other means proper to promotion of the arrival of the trademark to the Territory. The value to be invested shall be previously agreed upon between the Master Franchisee and the Franchisor.