Common use of Modifications and Rectifications Clause in Contracts

Modifications and Rectifications. 1. A Party shall notify any proposed modification or rectification to its Schedule to Annex 14- A by circulating a notice in writing to the other Party through the Other Issues Committee established under Article 22.5(c) (Establishment of Cross-Cutting Committees).1 A Party shall provide compensatory adjustments for a change in coverage if necessary to maintain a level of coverage comparable to the coverage that existed prior to the modification or rectification. The Party may include the offer of compensatory adjustment in its notice. 2. A Party is not required to provide compensatory adjustments to the other Party if the proposed modification or rectification concerns one of the following: (a) a procuring entity over which the Party has effectively eliminated its control or influence in respect of covered procurement by that procuring entity; or (b) rectifications of a purely formal nature and minor modifications to that Party’s Schedule to Annex 14-A, such as: (i) changes in the name of a procuring entity; (ii) the merger of one or more procuring entities listed in its Schedule; 1 For transparency purposes the other Parties to the Pacific Alliance shall receive a copy of any proposed modification and rectification of Annex 14-A. (iii) the separation of a procuring entity listed in its Schedule into two or more procuring entities that are all added to the procuring entities listed in the same Section of that Party’s Schedule to Annex 14-A; or (iv) changes in website references; and no Party objects under paragraph 3 on the basis that the proposed modification or rectification does not concern subparagraph (a) or (b). 3. Any Party whose rights under this Chapter may be affected by a proposed modification or rectification that is notified under paragraph 1 shall notify the other Party of any objection to the proposed modification or rectification within 30 days of the date of circulation of the notice. 4. If a Party objects to a proposed modification or rectification, including a modification or rectification regarding a procuring entity on the basis that government control or influence over the entity’s covered procurement has been effectively eliminated, that Party may request additional information, including information on the nature of any government control or influence, with a view to clarifying and reaching agreement on the proposed modification or rectification, including the procuring entity’s continued coverage under this Chapter. The modifying Party and the objecting Party shall make every attempt to resolve the objection through consultations. 5. If the modifying Party and the objecting Party resolve the objection through consultations, the modifying Party shall notify the other Party of the resolution. 6. The Commission shall modify Annex 14-A to reflect any agreed modification.

Modifications and Rectifications. 1. A Either Party shall notify any proposed modification or rectification to may modify its Schedule to lists contained in Annex 14- A by circulating a notice in writing to 7.1, provided that: (a) Notify the other Party through in writing; (b) Include in the Other Issues Committee established under Article 22.5(c) (Establishment of Cross-Cutting Committees).1 A Party shall provide compensatory adjustments notification a proposal for a change in coverage if necessary to maintain a level of coverage comparable to the coverage that existed prior to the modification or rectification. The Party may include the offer of compensatory adjustment in its notice. 2. A Party is not required to provide appropriate compensatory adjustments to the other Party if to maintain a comparable level of coverage to that existing prior to the proposed modification or rectification concerns one modification, except as provided in paragraphs 2 and 3, and (c) The other Party does not object in writing within thirty (30) days following such notification. 2. Either Party may make rectifications of the followinga purely formal nature to its lists contained in Annex 7.1, such as: (a) a procuring A change in the name of an entity over listed in Exhibit 7.1; (b) Merger of two or more entities listed in Annex 7.1 and (c) The separation of an entity listed in Schedule 7.1 into two or more entities that are added to Schedule 7.1, provided that they do not affect the mutually agreed coverage in the Chapter, that the other Party is notified in writing and that the other Party does not object in writing within thirty (30) days following the notification. The Party making such rectifications shall not be obligated to provide compensatory adjustments. 3. A Party need not provide compensatory adjustments in circumstances where the proposed modification to its Schedule to Annex 7.1 covers an entity in respect of which the Party has effectively eliminated its control or influence. Where the Parties do not agree that such governmental control or influence has been effectively eliminated, the objecting Party may request additional information or consultations with a view to clarifying the nature of any governmental control or influence, and reaching agreement on whether to retain or remove the entity from coverage in respect of covered procurement by that procuring entity; oraccordance with this Chapter. (b) rectifications 4. When the Parties have agreed on a modification or rectification of a purely formal nature and minor modifications to that Party’s Schedule to their lists contained in Annex 14-A, such as: (i) changes in the name of a procuring entity; (ii) the merger of one or more procuring entities listed in its Schedule; 1 For transparency purposes the other Parties to the Pacific Alliance shall receive a copy of any proposed modification and rectification of Annex 14-A. (iii) the separation of a procuring entity listed in its Schedule into two or more procuring entities that are all added to the procuring entities listed in the same Section of that Party’s Schedule to Annex 14-A; or (iv) changes in website references; and no Party objects under paragraph 3 on the basis that the proposed modification or rectification does not concern subparagraph (a) or (b). 3. Any Party whose rights under this Chapter may be affected by a proposed modification or rectification that is notified under paragraph 1 shall notify the other Party of any objection to the proposed modification or rectification within 30 days of the date of circulation of the notice. 4. If a Party objects to a proposed modification or rectification, including a modification or rectification regarding a procuring entity on the basis that government control or influence over the entity’s covered procurement has been effectively eliminated, that Party may request additional information, including information on the nature of any government control or influence, with a view to clarifying and reaching agreement on the proposed modification or rectification7.1, including the procuring entity’s continued coverage under this Chapter. The modifying case when no Party has objected within thirty (30) days, in accordance with paragraphs 1 and 2, the objecting Party Committee on Government Procurement shall make every attempt a recommendation to resolve the objection through consultationsBilateral Administrative Commission to adopt a decision in this regard. 5. If the modifying Party and the objecting Party resolve the objection through consultations, the modifying Party shall notify the other Party of the resolution. 6. The Commission shall modify Annex 14-A to reflect any agreed modification.