Common use of Modification of Schedules Clause in Contracts

Modification of Schedules. 1. A Party (referred to in this Article as the “modifying Party”) may modify or withdraw any commitment in its Schedule at any time after three years have elapsed from the date on which that commitment entered into force, in accordance with the provisions of this Article, provided that: (a) it notifies the other Party (referred to in this Article as the “affected Party”) of its intention to modify or withdraw a commitment no later than three months before the intended date of implementation of the modification or withdrawal; and (b) At the request of the other Party, the modifying Party shall enter into negotiations with a view to reaching agreement on any necessary compensatory adjustment. 2. In achieving a compensatory adjustment, the Parties shall endeavour to maintain a general level of mutually advantageous commitment that is not less favourable to trade than provided for in its Schedule in Annex III (Schedule of Specific Commitments on Trade in Services) prior to such negotiations. 3. The Parties shall endeavour to conclude negotiations on such compensatory adjustment to the satisfaction of both Parties within a mutually agreed timeframe, failing which the matter may be resolved in accordance with the provisions of Chapter 15 (Dispute Settlement) of this Agreement. 4. The modifying Party may not modify or withdraw its commitment until it has made the compensatory adjustments in conformity with the findings of the arbitral tribunal in accordance with paragraph 3 of this Article. 5. If the modifying Party implements its proposed modification or withdrawal and does not comply with the findings of the arbitral tribunal, the affected Party may modify or withdraw substantially equivalent benefits in conformity with the findings of the arbitral tribunal.

Appears in 6 contracts

Sources: Free Trade Agreement, Free Trade Agreement, Free Trade Agreement

Modification of Schedules. 1. A Party (referred to in this Article as the “modifying Party”) may modify or withdraw any commitment in its Schedule in Annex III at any time after three years have elapsed from the date on which that commitment entered into force, in accordance with the provisions of this Article, provided that: (a) it notifies the other Party (referred to in this Article as the “affected Party”) of its intention to modify or withdraw a commitment no later than three months before the intended date of implementation of the modification or withdrawal; and (b) At the request upon notification of the other a Party’s intent to make such modification, the modifying Party Parties shall enter into negotiations with a view consult and attempt to reaching reach agreement on any necessary the appropriate compensatory adjustment. 2. In achieving a compensatory adjustment, the Parties shall endeavour to maintain a general level of mutually advantageous commitment that is not less favourable to trade than provided for in its Schedule in Annex III (Schedule of Specific Commitments on Trade in Services) the Schedules prior to such negotiations. 3. The Parties shall endeavour to conclude negotiations on such compensatory adjustment to If agreement under paragraph 1(b) is not reached between the satisfaction of both Parties modifying Party and the affected Party within a mutually agreed timeframethree months, failing which the affected Party may refer the matter may be resolved to an arbitral tribunal in accordance with the provisions of procedures set out in Chapter 15 (Dispute Settlement) of this Agreementor, where agreed between the Parties, to an alternative arbitration procedure. 4. The modifying Party may not modify or withdraw its commitment until it has made the compensatory adjustments in conformity with the findings of the arbitral tribunal in accordance with paragraph 3 of this Article3. 5. If the modifying Party implements its proposed modification or withdrawal and does not comply with the findings of the arbitral tribunal, the affected Party may modify or withdraw substantially equivalent benefits in conformity with the findings of the arbitral tribunal.

Appears in 3 contracts

Sources: Free Trade Agreement, Free Trade Agreement, Free Trade Agreement

Modification of Schedules. 1. A Party (referred to in this Article as the "modifying Party") may modify or withdraw any commitment in its Schedule in Annex III at any time after three years have elapsed from the date on which that commitment entered into force, in accordance with the provisions of this Article, provided that: (a) it notifies the other Party (referred to in this Article as the "affected Party") of its intention to modify or withdraw a commitment no later than three months before the intended date of implementation of the modification or withdrawal; and (b) At the request upon notification of the other a Party's intent to make such modification, the modifying Party Parties shall enter into negotiations with a view consult and attempt to reaching reach agreement on any necessary the appropriate compensatory adjustment. 2. In achieving a compensatory adjustment, the Parties shall endeavour to maintain a general level of mutually advantageous commitment that is not less favourable to trade than provided for in its Schedule in Annex III (Schedule of Specific Commitments on Trade in Services) the Schedules prior to such negotiations. 3. The Parties shall endeavour to conclude negotiations on such compensatory adjustment to If agreement under paragraph 1(b) is not reached between the satisfaction of both Parties modifying Party and the affected Party within a mutually agreed timeframethree months, failing which the affected Party may refer the matter may be resolved to an arbitral tribunal in accordance with the provisions of procedures set out in Chapter 15 (Dispute Settlement) of this Agreementor, where agreed between the Parties, to an alternative arbitration procedure. 4. The modifying Party may not modify or withdraw its commitment until it has made the compensatory adjustments in conformity with the findings of the arbitral tribunal in accordance with paragraph 3 of this Article3. 5. If the modifying Party implements its proposed modification or withdrawal and does not comply with the findings of the arbitral tribunal, the affected Party may modify or withdraw substantially equivalent benefits in conformity with the findings of the arbitral tribunal.

Appears in 2 contracts

Sources: Free Trade Agreement, Free Trade Agreement

Modification of Schedules. 1. A Party (referred to in this Article as the "modifying Party") may modify or withdraw any commitment in its Schedule in ▇▇▇▇▇ ▇▇▇ at any time after three years have elapsed from the date on which that commitment entered into force, in accordance with the provisions of this Article, provided that: (a) it notifies the other Party (referred to in this Article as the "affected Party") of its intention to modify or withdraw a commitment no later than three months before the intended date of implementation of the modification or withdrawal; and (b) At the request upon notification of the other a Party's intent to make such modification, the modifying Party Parties shall enter into negotiations with a view consult and attempt to reaching reach agreement on any necessary the appropriate compensatory adjustment. 2. In achieving a compensatory adjustment, the Parties shall endeavour to maintain a general level of mutually advantageous commitment that is not less favourable to trade than provided for in its Schedule in Annex III (Schedule of Specific Commitments on Trade in Services) the Schedules prior to such negotiations. 3. The Parties shall endeavour to conclude negotiations on such compensatory adjustment to If agreement under paragraph 1(b) is not reached between the satisfaction of both Parties modifying Party and the affected Party within a mutually agreed timeframethree months, failing which the affected Party may refer the matter may be resolved to an arbitral tribunal in accordance with the provisions of procedures set out in Chapter 15 (Dispute Settlement) of this Agreementor, where agreed between the Parties, to an alternative arbitration procedure. 4. The modifying Party may not modify or withdraw its commitment until it has made the compensatory adjustments in conformity with the findings of the arbitral tribunal in accordance with paragraph 3 of this Article3. 5. If the modifying Party implements its proposed modification or withdrawal and does not comply with the findings of the arbitral tribunal, the affected Party may modify or withdraw substantially equivalent benefits in conformity with the findings of the arbitral tribunal.

Appears in 1 contract

Sources: Free Trade Agreement

Modification of Schedules. 1. A Party (referred to in this Article as the “modifying Party”) may modify or withdraw any commitment in its Schedule of Specific Commitments in Annex 8-1 (Schedules of Specific Commitments) at any time after three years have elapsed from the date on which that commitment entered into force, in accordance with the provisions of this Article, provided that: (a) it notifies the other Party (referred to in this Article as the “affected Party”) of its intention to modify or withdraw a commitment no later than three months before the intended date of implementation of the modification or withdrawal; and (b) At the request upon notification of the other a Party’s intent to make such modification or withdrawal, the modifying Party Parties shall enter into negotiations with a view consult and attempt to reaching reach agreement on any necessary the appropriate compensatory adjustment. 2. In achieving a compensatory adjustment, the Parties shall endeavour to maintain a general level of mutually advantageous commitment that is not less favourable to trade than provided for in its Schedule in Annex III (Schedule of Specific Commitments on Trade in Services) prior to such negotiations. 3. The Parties shall endeavour to conclude negotiations on such compensatory adjustment to If agreement under subparagraph 1(b) is not reached between the satisfaction of both Parties modifying Party and the affected Party within a mutually agreed timeframethree months, failing which the affected Party may refer the matter may be resolved to an arbitral tribunal in accordance with the provisions of procedures set out in Chapter 15 16 (Dispute Settlement) of this Agreementor, where agreed between the Parties, to an alternative arbitration procedure. 4. The modifying Party may not modify or withdraw its commitment until it has made the compensatory adjustments in conformity with the findings of the arbitral tribunal in accordance with paragraph 3 of this Article.3. NOT IN FORCE 5. If the modifying Party implements its proposed modification or withdrawal and does not comply with the findings of the arbitral tribunal, the affected Party may modify or withdraw substantially equivalent benefits in conformity with the findings of the arbitral tribunal.

Appears in 1 contract

Sources: Georgia – Hong Kong, China Free Trade Agreement

Modification of Schedules. 1. A Party (referred to in this Article as the "modifying Party") may modify or withdraw any commitment in its Schedule at any time after three years have elapsed from the date on which that commitment entered into force, in accordance with the provisions of this Article, provided that: (a) it notifies the other Party (referred to in this Article as the "affected Party") of its intention to modify or withdraw a commitment no later than three months before the intended date of implementation of the modification or ot withdrawal; and (b) At the request of the other Party, the modifying Party shall enter into negotiations with a view to reaching agreement on any necessary compensatory adjustment. 2. In achieving a compensatory adjustment, the Parties shall endeavour to maintain a general level of mutually advantageous commitment that is not less favourable to trade than provided for in its Schedule in Annex III II (Schedule of Specific Commitments on Trade in Services) prior to such negotiations. 3. The Parties shall endeavour to conclude negotiations on such compensatory adjustment to the satisfaction of both Parties within a mutually agreed timeframe, failing which the matter may be resolved in accordance with the provisions of Chapter 15 (Dispute Settlement) of this Agreement. 4. The modifying Party may not modify or withdraw its commitment until it has made the compensatory adjustments in conformity with the findings of the arbitral tribunal in accordance with paragraph 3 of this Article. 5. If the modifying Party implements its proposed modification or withdrawal and does not comply with the findings of the arbitral tribunal, the affected Party may modify or withdraw substantially equivalent benefits in conformity with the findings of the arbitral tribunal.

Appears in 1 contract

Sources: Free Trade Agreement

Modification of Schedules. 1. A Party (referred to in this Article as the “modifying Party”) may modify or withdraw any commitment in its Schedule in ▇▇▇▇▇ ▇▇▇ at any time after three years have elapsed from the date on which that commitment entered into force, in accordance with the provisions of this Article, provided that: (a) it notifies the other Party (referred to in this Article as the “affected Party”) of its intention to modify or withdraw a commitment no later than three months before the intended date of implementation of the modification or withdrawal; and (b) At the request upon notification of the other a Party’s intent to make such modification, the modifying Party Parties shall enter into negotiations with a view consult and attempt to reaching reach agreement on any necessary the appropriate compensatory adjustment. 2. In achieving a compensatory adjustment, the Parties shall endeavour to maintain a general level of mutually advantageous commitment that is not less favourable to trade than provided for in its Schedule in Annex III (Schedule of Specific Commitments on Trade in Services) the Schedules prior to such negotiations. 3. The Parties shall endeavour to conclude negotiations on such compensatory adjustment to If agreement under paragraph 1(b) is not reached between the satisfaction of both Parties modifying Party and the affected Party within a mutually agreed timeframethree months, failing which the affected Party may refer the matter may be resolved to an arbitral tribunal in accordance with the provisions of procedures set out in Chapter 15 (Dispute Settlement) of this Agreementor, where agreed between the Parties, to an alternative arbitration procedure. 4. The modifying Party may not modify or withdraw its commitment until it has made the compensatory adjustments in conformity with the findings of the arbitral tribunal in accordance with paragraph 3 of this Article3. 5. If the modifying Party implements its proposed modification or withdrawal and does not comply with the findings of the arbitral tribunal, the affected Party may modify or withdraw substantially equivalent benefits in conformity with the findings of the arbitral tribunal.

Appears in 1 contract

Sources: Free Trade Agreement