Common use of Rectifications or Modifications Clause in Contracts

Rectifications or Modifications. 1. A Party may modify its coverage under this Chapter only in exceptional circumstances. 2. When a Party modifies its coverage under this chapter: (a) notify its national section of the Secretariat and the other Party of the modification; (b) incorporate the change in the relevant Annex; and (c) propose to the other Party appropriate compensatory adjustments to its coverage in order to maintain a level of coverage comparable to that existing prior to the modification. 3. Notwithstanding paragraphs 1 and 2, a Party may make formal rectifications and minor amendments only to its schedules to Annexes 1 to 6 to Article 14-02 and Annexes 8 and 9 to the same Article, provided that it notifies the other Party and its national section of the Secretariat of such rectifications, and no Party expresses its objection to the proposed rectifications within a period of 30 days. In such cases, it shall not be necessary to propose compensation. 4. Notwithstanding other provisions of this Chapter, a Party may reorganize its entities covered by this Chapter, including programs for the decentralization of the procurement of such entities or programs that result in the corresponding public functions no longer being carried out by any public sector entity, whether or not covered by this Chapter. In such cases, it shall not be necessary to propose compensation. No Party may undertake such reorganizations or programs for the purpose of avoiding compliance with the obligations of this Chapter. 5. Where a Party considers that: (a) the adjustment proposed pursuant to paragraph 2(c) is not adequate to maintain a level comparable to that of the mutually agreed coverage; or (b) a rectification or minor amendment pursuant to paragraph 3 or a reorganization pursuant to paragraph 4 does not meet the requirements of those paragraphs and, as a result, requires compensation; the Party may have recourse to the dispute settlement procedure under Chapter XIX (Dispute Settlement).

Rectifications or Modifications. 1. A Each Party may modify its coverage under this Chapter Title only in exceptional circumstances. 2. When Where a Party modifies its coverage under this chapterTitle, that Party shall: (a) notify its national section of the Secretariat and the other Party of the modification; (b) incorporate reflect the change in the relevant appropriate Annex; and (c) propose to the other Party appropriate compensatory adjustments to its coverage in order to maintain a level of coverage comparable to that existing prior to the modification. 3. Notwithstanding paragraphs 1 and 2, a Party may make rectifications of a purely formal rectifications nature and minor amendments only to its schedules to Annexes 1 VI to 6 to Article 14-02 IX and Annexes 8 and 9 to the same ArticleXI, provided that it notifies such rectifications to the other Party and its national section of the Secretariat of other Party does not object to such rectifications, and no Party expresses its objection to the proposed rectifications rectification within a period of 30 days. In such cases, it shall compensation need not be necessary to propose compensationproposed. 4. Notwithstanding any other provisions provision of this ChapterTitle, a Party may reorganize undertake reorganisations of its government procurement entities covered by this ChapterTitle, including programs for the decentralization of through which the procurement of such entities is decentralised or programs that result in the corresponding public government functions no longer being carried out cease to be performed by any public sector entity, government entity whether or not covered by subject to this ChapterTitle, provided that it notifies such reorganisations to the other Party. In such cases, it shall compensation need not be necessary to propose compensationproposed. No Party may undertake such reorganizations reorganisations or programs for the purpose of avoiding compliance with to avoid the obligations of this ChapterTitle. 5. Where a Party considers that: (a) the an adjustment proposed pursuant to under paragraph 2(c) is not adequate to maintain a comparable level comparable to that of the mutually agreed coverage; or (b) a rectification or minor amendment pursuant to paragraph 3 or a reorganization pursuant to paragraph 4 does not meet the requirements of those paragraphs andparagraph 3 and should be compensated, as a result, requires compensation; the Party may have recourse to the dispute settlement procedure procedures under Chapter XIX (Dispute Settlement)Title VI. 6. Where a Party considers that a reorganisation of procurement entities does not meet the requirements of paragraph 4 and should be compensated, it may have recourse to dispute settlement procedures under Title VI, provided that it has objected to such reorganisation within 30 days from the date of the notification.