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 – The Company may elect to pay or credit interest as remuneration on its own capital, calculated on the accounts of its net worth, in due observance of the rate and limits determined by law.
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Fourth, Paragraph 9 states that the FERP "shall be based on the years 1986 to 1988 and shall generally be the average f.o.b. unit value for the basic agricultural product concerned in a net exporting country and the average c.i.f. unit value for the basic agricultural product concerned in a net importing country in the base period".7.138.
NASDAQ OMX also notes that it is proposing amendments to Section 12.5 of the By-Laws to eliminate cross-references to subsection (b) of Article Fourth, Paragraph C(6) of the Charter.
Fourth Paragraph - The Company shall not issue preferred and founders' shares.
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 competent to decide the case.
Fourth Paragraph. The obligations stipulated in this clause govern the relations between the Parties in the pre-contractual, contractual and post-contractual stages and will be in effect for as long as the information remains secret, confidential or reserved. TWELFTH. Use of brands, logos, insignia and/or trademark names and statements on the media or social networks: The celebration of this agreement does not confer on any of the Parties any right over the brands, logos, insignia and/or commercial names owned by other Party, who sign this agreement, consequently, each of the Parties will submit to the approval of the other Parties, before their exposure to the public or audiences -which must be recorded in writing-, any advertising, promotional, signalling material or for commercial or marketing purposes and in general, any information in which the brands, logos, insignia and/or commercial names of any of the Parties appear; Likewise, the Parties are prohibited from providing information that relates or affects the reputation or positioning of the brands, logos, insignia and/or trade names of the other Parties to the media or the general public, via social networks or by any other means without prior agreement. Failure to comply with these obligations is just cause to terminate this contract.
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.