Common use of Rectifications or Modifications Clause in Contracts

Rectifications or Modifications. 1. A Party shall notify the other Party in writing of any proposed rectification or modification of its Part to Annex 13 (Government Procurement) (any of which is hereinafter referred to in this Article as "modification"). Notification may include, where necessary to maintain a level of coverage comparable to that existing prior to the modification, an offer of compensatory adjustment. 2. Proposed modifications shall become effective provided the other Party does not object in writing to the modifying Party within 45 days after the date of notification. 3. A Party need not provide compensatory adjustments to the other Party where a proposed modification is of a purely formal or minor nature to its Part to Annex 13 (Government Procurement), such as: (a) changes in the name of a procuring entity; (b) merger of one or more procuring entities; (c) the separation of a procuring entity into two or more entities that are all added to the list of procuring entities in the same Section of Annex 13 (Government Procurement); and (d) changes in website references. 4. Where the Parties do not agree on the proposed modification, the objecting Party may request further information with a view to clarifying the proposed modification or may request that an offer of compensation be made where the objecting Party considers that compensation is necessary to maintain a level of coverage comparable to that existing prior to the modification. The Parties shall make every attempt to resolve the objection through consultations. 5. Where the Parties resolve the objection through consultations, the Parties shall notify the contact points provided under Article 1.14 (General Provisions — Communications) of the agreed modifications. 6. Neither Party shall undertake modifications to avoid the obligations of this Chapter.

Appears in 1 contract

Sources: Economic Partnership Agreement

Rectifications or Modifications. 1. A Party shall notify the other Party in writing of any proposed rectification or modification of its Part to Annex 13 (Government Procurement) (any of which is hereinafter referred to in this Article as "modification"). Notification may include, where necessary to maintain a level of coverage comparable to that existing prior to the modification, an offer of compensatory adjustment. 2. Proposed modifications shall become effective provided the other Party does not object in writing to the modifying Party within 45 days after the date of notification. 3. A Party need not provide compensatory adjustments to the other Party where a proposed modification is of a purely formal or minor nature to its Part to Annex 13 (Government Procurement), such as: (a) changes in the name of a procuring entity; (b) merger of one or more procuring entities; (c) the separation of a procuring entity into two or more entities that are all added to the list of procuring entities in the same Section of Annex 13 (Government Procurement); and (d) changes in website references. 4. Where the Parties do not agree on the proposed modification, the objecting Party may request further information with a view to clarifying the proposed modification or may request that an offer of compensation be made where the objecting Party considers that compensation is necessary to maintain a level of coverage comparable to that existing prior to the modification. The Parties shall make every attempt to resolve the objection through consultations. 5. Where the Parties resolve the objection through consultations, the Parties shall notify the contact points provided under Article 1.14 (General Provisions Communications) of the agreed modifications. 6. Neither Party shall undertake modifications to avoid the obligations of this Chapter.

Appears in 1 contract

Sources: Economic Partnership Agreement