HOTELS X ONLINE TRAVEL AGENCIES 511 and Committed Party is not able to present them, it may be declared partial or total noncompliance with this Term of Commitment, in compliance with clauses 5.1, 5.2 and 5.4. 3.3. Committed Party undertakes, whenever requested by CADE, to attend, at its own expense, all procedural acts related to the activities of Committed Party, until the final judgment of Administrative InvestigationNo. 08700.005679 / 2016-13 or Administrative Process that may succeed. 3.4. CADE and Committed Party agree to reassess in good faith the adequacy of the obligations assumed herein in the event of any material new event in the regulatory, administrative, judicial, legislative spheres and/or other areas that may significantly impact the purpose of this Commitment Agreement. Clause Four – Suspension and Filing of the Administrative Investigation 4.1. The execution of the Term of Commitment causes the suspension of Administrative InvestigationNo. 08700.005679/2016-13, and/orAdministrative Process that may succeed it, in relation to Committed Party. 4.2. Upon expiration of the term of validity and full compliance with all the obligations set forth in this Term of Commitment, Administrative Investigation No. 08700.005679 / 2016-13 and / or Administrative Process that may succeed shall be filed in relation to Committed Party, pursuant Article 85, paragraph 9, of Act No. 12299/2011. 4.3 CADE reserves the right to initiate a new investigation in relation to Committed Party: (i) in the event of new evidence of possible adverse effects on competition arisen from the use of parity clauses by Committed Party or (ii) if the Investigation is filed and CADE becomes aware that Committed Party has resumed the use of such clauses. Clause Five – Failure to comply with the Term of Commitment 5.1. Pursuant Article 9, item XIX, of Act No.12529/11, noncompliance with the Term of Commitment by Committed Party shall be mandatorily declared by the CADE Administrative Tribunal after an administrative proceeding for determination, proceeded in the records of the same Request No. 08700.005902/2017-11, in which Committed Party, alleged defaulter, shall be protected by the right to full defense in order to demonstrate compliance with the obligations, including the possibility of presenting evidence. 5.2. Once the Administrative Tribunal of CADE has verified the total noncompliance with this Term of Commitment, Administrative Investigation
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