For the purpose of this Agreement, 0. BAT will ensure that these policies and procedures are consistent with the policies and procedures set out in this Agreement, including the appendices and related arrangements hereto the "Policies and Procedures" and that the Policies th pircēja variants Procedures are made known to BAT Company employees and are available to them electronically on their internal website along with related materials and reference to the whistle-blowing procedure specified under paragraph 21 of Appendix A.
The seizing authority may also select samples that BAT must examine. The determination of the independent laboratory shall be final th pircēja variants shall take into account the factors listed in 3. Any costs associated with the decision by the independent laboratory shall be paid for by the non-prevailing Party.
The Parties agree that should the seizure information collected before the Execution Date of this Agreement be significantly different from seizure information collected after the Execution Date in regards to whether or th pircēja variants a particular seizure was or was not to be deemed as having been "sold at retail" for purposes of this Agreement, upon written request by any Party, the 9 month period above shall be extended for an additional 3 months.
If the Parties are unable to agree the definition or formula within 9 months of the date of initialling of this Agreement, or th pircēja variants months, if the period is extended the matter shall be referred as a Dispute to be dealt with under Section BAT shall not be required to make any payments under Section 3. For seizures made after the 9 month period has passed again, not including any extensionand until the criteria for determining whether or not seized Cigarettes are to be deemed to have been sold at retail for purposes of this Agreement have been established, the payments shall accrue, and BAT th pircēja variants not be required to make any such payments until such time as the criteria have been established to the satisfaction of the Parties.
Any amounts remaining of an otherwise qualifying seizure shall give rise to payments under Section 3. If any Party believes that there is or would be a serious and persisting imbalance in the Agreement arising out of the application of the calculations under Sections 3.
If the Dispute is referred to arbitration under Section 11, the arbitrator s may th pircēja variants any adjustment to Sections 3. OLAF shall be informed when any material changes are made to the Standards. Participating Member States' representatives may also participate in these sessions.
The programmes may form part of the training programme and workshops under Section 5. Such training and information shall be updated as needed. These sessions may be combined with those under Section 5. This total payment will be made via 20 yearly payments, with the first th pircēja variants to be made by BAT within 5 days of the Execution Date, and each subsequent payment to be made on the 5th of January th pircēja variants the 19 years subsequent to the Execution Date, according to Appendix F, in each case, unless that day is not a Business Day as defined by Section In this Agreement and in similar agreements with other Cooperating Companies, the EU and the Participating Member States have articulated a policy of setting standards for the use of technology in the fight against the illicit trade in Cigarettes as to the required results to be achieved by the technology, but which does not compel the adoption or purchase of a particular brand of proprietary technology.
The BAT Companies waive no rights in relation to any of their commercially sensitive or business secret information and OLAF, the EU and the Participating Member States undertake not to release any such information to th pircēja variants parties and specifically not to any competitor without the prior written consent of BAT which consent shall not be unreasonably withheldunless the Party is compelled to disclose such information by judicial or administrative process or by other requirements of law in which case such Party shall notify BAT as soon as is practicable.
The parties shall appoint by agreement a neutral third person to act as a mediator the "Mediator" within 7 days of the written notification of mediation in default of such agreement, either party may request the Centre for Effective Dispute Resolution "CEDR" to appoint the Mediator.
The parties shall, with the assistance of the Mediator, seek to agree the mediation procedure in writing in default of such agreement, the Mediator shall act in accordance with the procedures of CEDR.
Saiknes pārtraukšana starp subjektu un predikātu Lielākā daļa iebilda pret šīm izmaiņām darba plānā labi: lielākā daļa iebilda. Atcerieties noteikumus: 1.
If the Dispute has not been resolved to the satisfaction of either party within 30 days of written notification of mediation or if either party fails or refuses to participate in or withdraws from participating in the mediation then either party may refer the Dispute to arbitration pursuant to Section Each Party shall bear its own costs in relation to mediation under this Section, and the non-Party specific mediation costs shall be borne equally between the EU and BAT. The arbitration tribunal may ask for the parties to meet and to hold hearing in a place other than Geneva.
If this occurs, the Parties agree that this will not alter or have an effect th pircēja variants Geneva being the seat of the arbitration.
Documents which are not translated into English will not be translated into English unless the parties so agree or the arbitration tribunal so orders. Documents from the arbitration including the award itself may be published if a party is required to do so by legal duty, to protect or pursue a legal right or to enforce or challenge an award in bona fide legal proceedings th pircēja variants a state court or other judicial authority.
If BAT wishes to terminate the monetary payment provisions of this Agreement or suspend or postpone any future expenditure for the implementation of the product identification requirements set out in Appendix B th pircēja variants the termination date, BAT shall notify the European Commission of its intention to do so in writing a "Termination Notice".
Within 30 days of receipt of such Termination Notice, the EU and marķiera pārbaude Participating Member States that wish to do so, shall meet and confer in good faith and attempt to resolve the matter. If the matter has not been resolved by agreement of those Parties within 60 days of such notice of intention to terminate, such request for termination may be referred as a Dispute to be resolved under Section In such circumstances: a all amounts payable by Interneta projekts naudas pelnīšanai under this Agreement will be reduced by the amounts that would have otherwise been due to any and all Participating Member States in respect of which th pircēja variants payment provisions have been terminated; and b after partial termination of the payment provisions of the Agreement with respect to any particular Participating Member State ssuch Participating Member State s shall not be entitled to receive from BAT any of the non-pecuniary benefits of this Agreement.
Any remaining escrowed amounts shall be released and paid to BAT. Any notice to any Participating Member State will be validly served for the purpose of this Agreement if it is served on the Director of OLAF in accordance with the terms of this Section.
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Any notice or communication given under this Agreement relating to any Dispute arising hereunder shall also be provided to the Director-General of the Legal Service of the European Commission.
References to time in this Viegli godīgi nopelni internetā are to local time in the country of the addressee.
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References to "Business Day" in this Agreement shall mean a day other than Saturday or Sunday when the banks are open for business in Brussels other references to "days" shall refer to calendar days. Notwithstanding the foregoing, each of the Parties may rely upon express representations made in any letter from another Party or their legal counsel provided on or immediately prior to the Execution Date.
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Any Contractor that commences the manufacture of BAT Cigarettes after the month period above shall be required to comply with the relevant requirements of this Agreement as of the date of commencement of manufacture of BAT Cigarettes. The EU and Participating Member States agree that consent to a reasoned request for a reasonable extension under this sub-Section shall not be unreasonably withheld.
The EU and the Participating Member States will act in good faith to consider any such request and may grant such a request if it is consistent with the intent of this Agreement.
Pelnīt naudu dienā
The EU and the Participating Member States agree that consent to such a request shall not be unreasonably withheld. BAT agrees that: 1. Due Diligence 2.
BAT Companies currently apply due diligence worldwide in respect of their current and prospective Contractors, and will continue to do so for the duration of this Agreement.
Information gathered during this process shall be kept up to date as needed. BAT Companies will not do business with a Contractor that fails to satisfy fully these due diligence requirements or that subsequently fails a due diligence review save th pircēja variants circumstances where the Contractor has been able to remedy any discrepancy within a reasonable period of time that the Parties agree should not normally exceed 6 months.
Once a prospective Contractor has completed the due diligence process satisfactorily, BAT Companies shall create a report outlining the details of the due diligence process, and may approve the Contractor for business. BAT Companies shall also keep records of all material documents, records and correspondence relating to its Contractors and its business with them, including estimates of annual retail demand for any market, all material documents obtained during the due diligence process and any follow ups, payment records and responses to governmental inquiries, and in general all material documents and records created or maintained in accordance with this Agreement for 5 years after their creation.
Controls on Sales BAT Companies shall ensure that BAT Cigarettes are sold by BAT Companies or their First Purchasers in quantities that are commensurate with legitimate demand in that country, which shall comprise local consumption and legitimate cross-border trade. Cessation of Supply BAT Companies shall terminate business relationships with any of their Contractors that fail to cooperate in this regard.
Btc cenu diagramma
BAT Companies shall not conduct business with any person or entity or affiliate thereof th pircēja variants has previously ceased to be or has been de-listed as a Contractor by any BAT Company pursuant to paragraphs 14, 15 or 16 for at th pircēja variants 5 years. If agreement on the action to be taken cannot be reached within 60 days of the notice above to BAT or OLAF, kas pelna naudu the case may be, then any Party may refer the matter as a Dispute to be dealt with under Section 11 of the Agreement.
Suspected wrongdoing and whistle-blowing The whistle-blowing procedure where permitted by applicable law, shall also provide means for concerns to be raised anonymously. Any form of reprisal against anyone who in good faith has raised a concern is forbidden and will itself be regarded as a serious matter. Information for this purpose may include payment details, sales data, customer details, and details of shipments and of stock in warehouses which is in transit and on which duty is suspended under customs rules and procedures, and iespējas no nulles document or other record required to be kept under this Agreement.
Payment Procedures and Terms of Trade BAT Companies shall ensure that their terms of trade with their Contractors provide for the lawful manufacture, sale, distribution, and storage of BAT Secīga opcija. BAT Companies shall, within one year of the Execution Date for new Contractors or in the case of existing Contractors if and when their current contracts are renewed, ensure that their terms of trade with Contractors, including invoicing arrangements, arrangements for shipment and storage, and manner of payment, are consistent with the Policies and Procedures, and provide, where relevant, for the shipment of the BAT Cigarettes to the Intended Market th pircēja variants Retail Sale.
BAT Companies shall, when appropriate, make commercially reasonable efforts to ensure that appropriate provisions substantially equivalent to the Policies and Procedures are inserted progressively on the first practicable occasion into the contracts entered into by First Purchasers with their non-final subsequent purchasers, and into the contracts entered into by such non-final subsequent purchasers with their respective non-final subsequent purchasers.
BAT Companies shall not accept any payments for the sale of BAT Cigarettes unless these payments are: a wires or cheques, from a previously designated bank account in the name of the Contractor; b cashier's cheques or bank drafts from a bank in which the Contractor has a previously designated account; or c cash, but th pircēja variants in those instances where payment forms a and b above are not available to the Contractor.
Exceptions to th pircēja variants 3 payment methods set forth above may be made on a case-by-case basis. Such exceptions must be approved by the country manager, and the reasons for granting any such exception shall be documented.
All payments received by BAT Companies shall be in the same currency and in substantially the same amount as those indicated on the invoice. Payments for a single invoice or group of invoices shall be made by a single instrument unless another form of payment has been approved by the country manager.
Pre-shipment Notice and Product in Warehouses th pircēja variants In particular, such a request may ask for the following information: a the date of the shipment from the last point of BAT's physical custody of the BAT Cigarettes; b details concerning the BAT Cigarettes shipped brand, amount, warehouse ; c the intended shipping destination; d the identity of the person to whom the BAT Cigarettes are being shipped; e the mode of transportation, including the identity of the transporter; f the expected th pircēja variants of arrival of the shipment at the intended shipping destination; and g the Intended Market of Retail Sale.
BAT Companies are committed to a continuous process of research, development, dialogue and cooperation with the EU and Participating Member States concerning product marking and information procedures to combat the illegal trade in tobacco products.
Identification of Intended Market of Retail Sale 2. BAT Companies shall mark Packs and Cartons for BAT Cigarettes with codes or other markings which, when decoded, identify: a the date of manufacture of the product; b the factory of manufacture; c the machine of manufacture; and d the production shift of manufacture.
Master Case Labelling 5. BAT Companies shall place non-removable to the extent that removal would noticeably damage the underlying packagemachine and human readable markings on the Master Cases and Cartons used for BAT Cigarettes sold to a First Purchaser made in or for sale within, through or into the countries covered by this Agreement, to enable the following information to be identified and recorded when scanned or otherwise recorded: a the First Purchaser's name th pircēja variants invoice or order number; th pircēja variants shipment date; d point of departure from the BAT Company's custody; e consignee; f Intended Market of Retail Sale; g the date of manufacture of the product; h the factory of manufacture; i the machine of manufacture; and j the production shift of manufacture.
The schedule for implementation of the Master Case and Carton markings shall be as agreed between the Parties. Scanning of Master Cases 8.
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BAT Companies shall create and maintain a database through the scanning of Master Cases and Th pircēja variants and the linking of individual Master Cases and Cartons with the information listed in paragraphs 4 and 5 above according to the timetable agreed between the Parties. The database shall include scanned and linked information from all Intended Markets of Retail Sale for which scanning has been implemented.
If the Parties cannot agree on whether or not to add the market to Appendix C within 90 days of any notice provided under this paragraph, the matter shall be considered a Dispute to be dealt with in accordance with Section 11 of the Agreement. If any market is added to Th pircēja variants C, the Parties shall agree on a reasonable timeframe for implementation of Master Case and Carton marking and scanning for any such market. Master Case and Carton markings and the scanning of these for the database shall not be required for those markets where there is a single First Purchaser of the BAT Cigarettes for that market, and if so agreed with OLAF, in all or some markets where the BAT Company for that market or markets operates a direct store sales distribution system.
Purchaser and Distribution Information Database BAT shall grant OLAF and the Participating Member States electronic access to the database created pursuant to paragraphs 8 and 9 above, in a reasonable format, within 3 months of the first date of implementation of scanning pursuant to paragraph 8. OLAF recognises that, from time to time, in respect of the database there will need to be periods of maintenance when access may be restricted and access may be limited by events beyond the control of BAT e.
Additional Customer Tracking BAT shall develop an "Additional Customer Tracking Programme" to provide assistance to any Contractor, or, where appropriate, an indirect customer that wishes to participate in a tracking programme consistent with the BAT marking and scanning programme. Such "Additional Customer Tracking Programme" shall, as appropriate, include, training, technical assistance, hardware designations appropriate to the scale of the customer's operation, and software consistent with the collection of scanned th pircēja variants linked information in a database similar to and compatible with the BAT database established pursuant to paragraphs 8 and 9 above.
Participation in the "Additional Customer Tracking Programme" shall require that the Contractor make commercially reasonable efforts to provide BAT or the relevant BAT Company in an agreed format, any databases created using the assistance provided. Reasonable access to the information in these databases in turn shall be provided by BAT to OLAF and the Participating Member States in accordance with paragraph 14 above, via the same portal as used in paragraph 14 above.
New Product Marking Technologies This research programme shall th pircēja variants seek to enhance Master Case and Carton marking technology. Once the research programme described above allows for the reasonable and industrially feasible implementation of the Pack marking system, such system shall include the information described in paragraphs th pircēja variants and 5 above, and shall be implemented according to a reasonable timetable to be agreed between OLAF and BAT.
As marking technologies continue to develop and new or enhanced systems become reasonable and industrially feasible, they shall be implemented by BAT according to a reasonable timetable to be agreed between OLAF and BAT.