【法规名称】
【颁布时间】 2002-05-14
【法规编号】 43385 什么是编号？
【正 文】
第7页 IMPLEMENTING ARRANGEMENT NUMBER 1 TO THE AGREEMENT BETWEEN THE TAIPEI ECONOMIC AND CULTURAL REPRESENTATIVE OFFICE IN THE UNITED STATES AND THE AMERICAN INSTITUTE IN TAIWAN FOR TECHNICAL COOPERATION ASSOCIATED WITH DEVELOPMENT, LAUNCH AND OPERATION OF A C
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[接上页] a UCAR commences a voluntary action pursuant to the bankru-ptcy law as now or hereafter in effect; or an involuntary action is commenced against UCAR in which the petition is not controvert or dismissed within three (3) months; or a custodian is appointed for, or takes charge of, all or a- ny substantial part of UCAR; or UCAR vommences any p[roc- eeding under any reorganization arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or l- iquidation or similar law of any jurisdiction or any such proceeding is commenced against UCAR, which proceeding r- emains undismissed for a period of three (3) months or U- CAR is adjudicated insolvent or bankrupt; or UCAR sells out its business in whole or in part, and as such materi- ally affects its financial, technical ability or other a- bility to perform its, obligation under this Implementing Arrangement; or b UCAR defaults on any material obligation provided in theAgreement or this Implementing Arrangement or any of its representations or warranties made in or pursuant to the Agreement ot this Implementing Arrangement is found to be untrue or ceases to be valid; or c Any governmental approval required for the performance of the Launch, once obtained, is not secured or has been suspended, revoked, reduced or otherwise limited by the U.S. Government for causes attributable to UCAR and/or a- its subcontractors/suppliers, and such governmental appr- oval is not reinstated within ninety (90) days of the su- spension, revocation or reduction; or d The successful completion of MCC-2 Completion of Prelimi-nary Counpled Loads Analysis and /or Mcc-3 completion of Mission Design Review under this Implementing Arrangement , evidenced by nSPO's countersignature of the relevant M- CC, is delanyed or can be expected to be delayed up to t- otal of ninety (90) days due to cause (s) attributable to UCAR or RSLP. Upon ocurrence of an event of default, UCAR shall, upon no-tice by NSPO, provide clarification and a cure plan for NS-PO's consideration. NSPO may, at its sole discretion, acce-pt or reject the cure plan proposed by UCAR. Subject to a formal resolution approved in writing by NSPO, NSPO will s-uspend its actions stated below. Should UCAR fail to promp-tly provide clarification and a cure plan or should NSPO f-ind such clarification or cure plan unacceptable, TECRO may,after expiration of the applicable time period as stipula-ted in paragraphs a to d above, rescind this Implementing Arrangement in whole or in part and TECRO or its desugbatedrepresentative, NSPO, may seek any other legal remedies. 13.3 Verification of Cost All costs of UCAR in connectin with the termination/rescis-sion claim shall be subject to reasonable substantiation a-nd verification by UCAR's controller and a Certified PublicAccountant firm acceptable to NSPO. The responsiblility forthe costs associated with the use of such an accounting fi-rm shall be (1) in the case of termination pursuant to Art-icle 13.1, borne by NSPO if TECRO terminates the Imlementi-ng Arrangement of if the USAF terminates the RSLP MOA for NSPO's failure to provide funding to UCAR, or borne by UCARif AIT terminates the Implementing Arrangement or, (2) in the case of termination pursuant to Article 13.2, borne byUCAR. Article 14 - Waiver of Breach The failure of either party or its designated representative, atany time, to require perfomance by the other party or its desig-nated representative of any obligations provided in this Implem-enting Arrangment shall in no way affect the full right to requ-ire such performance at any time thereafter. The waiver by eith-er party or its designated representative of a breach of any ob-ligation provided in this Implementing Arrangement does not con-stitute a waiver of any succeeding breach of the same or a anyother obligations, nor shall it constitute a waiver of the obli-gation itself. Article 15 - Agreement to Remain Vaild Any provision of this Implementing Arrangement which is prohibi-ted or unnforceable in any of the jurisdictions concemed shallbe invaild only within such jurisdiction and to the extent of s-uch prohibiton or unenforceability without invalidating the rem-aning provisions of this Implementing Arrangement in such juris-diction, and without affecting the validity or enforceability ofsuch provision in any other jurisdictions concerned. The invalidprovision shall , where appropriate, be modified in meaning orsupplemented by the parties in such a way tht what purpose cont-emplated under this Implementing Arrangement is achieved. Article 16 - Governing Language, etc. 16.1 Any technical documents and data furnished in accordance w-ith this Implementing Arrangement, unless otherwise specif-ied in this Implementing Arrangement, shall be written in the English language and shall use the practices, standardsand conventions in general use in the U.S.A. 16.2 All notices and other aommunications pertaining to this Im-plementing Arrangement shall be in the English language. 16.3 Unless otherwise specified, when a period of time is statedin terms of number of days, it shall mean calendar days, i-ncluding Sturday, Sunday and holidays, in accordance with the Gregorian calendar. 16.4 The headnotes and paragraph headings are inserted for conv-enience only and do not form part of this Implementing Arr-angement and shall not be used as an aid in interpreting t-he meaning of any provision. IN WITNESS WHEREOF, the parties have caused this Implementing A-rrangment to be executed by their duly authorized offices or re-presentatives in four (4) originals, each party shall hold oneoriginal. THE TAIPE ECONOMIC ANDTHE AMERICAN INSTITUTE INCULTRAL REPRESENTATIVETAIWAN OFFICE IN THE UNITED STATES Name: Name: ￣￣￣￣￣￣￣￣￣￣￣￣￣￣￣￣￣￣￣￣￣￣￣￣Title:Title: ￣￣￣￣￣￣￣￣￣￣￣￣￣￣￣￣￣￣￣￣￣￣￣￣DATE: DATE: ￣￣￣￣￣￣￣￣￣￣￣￣￣￣￣￣￣￣￣￣￣￣￣￣ |
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