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Article 14.1Policy Matters |
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14.1
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Nothwithstanding
any provisions of this Agreement to the contrary, the paries that the
provisions of Aricle 15, 16, 17 and 18 involve government policy and
that it is inappropriate to empower an Arbitrator to order implementation
or to inhibit gevernment from changing its policy; and further that
it is in reliance upon the timely implentation of the provisions of
these Articles that the parties are entering into this Agreement and
referring same for ratification pursuant to the provisions of Article
2.3. |
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14.2
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THEREFORE
IT IS AGREED that in the event that any provisions of Article 15, 16,
17 and 18, or any of them, are not implemented, or only implemented
in part, or if omplemented are altered at some time in the future, or
where a dispute arises concerning the implementation or the timeliness
threof, then the Arbitrator is given authority to fix damages. |
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14.3 |
It is acknowledged thatthe policies set forth in Articles 15, 16, 17
and 18 have implications that require clarification to ensure greater
certainty. Accordingly, the Arbitrator may award damages provided for
in this Article only to the extent that the full and timely implementation
of any policy contemplated by the above-mebtioned Articles constitutes
compensation (be it monetary compensation, mitigatory measures or remedial
measure) in whole or in part, of any kind, to any person, arising directly
or indirectly out of, or attributable to, the Project; furthermore,
if a claim or matter is dispute arises by virtue of any subsequent change
in such policy in whole or in part, then the quantum of damages awarded
shall be based on the diminution in compensation, if any, arising out
of such a change. |
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