Common use of Agent for Service; Submission to Jurisdiction; Waiver of Immunities Clause in Contracts

Agent for Service; Submission to Jurisdiction; Waiver of Immunities. By the execution and delivery of this Indenture, the Issuer (i) acknowledges that it will, by separate written instrument, designate and appoint Nexen Petroleum U.S.A. Inc., 12790 Merit Drive, Suite 800, LB 94, Dallas, Texas 75251 (and any sxxxxxxxx xxxxxx) xx xxx xxxxxxxxxx xxxxx xxxx xxxxx xxocess may be served in any suit or proceeding arising out of or relating to this Indenture or the Securities that may be instituted in any Federal or state court in the State of New York, the City of New York, the Borough of Manhattan, or brought under federal or state securities laws, and acknowledges that Nexen Petroleum U.S.A. Inc. will accept such designation, (ii) submits to the jurisdiction of any such court in any such suit or proceeding, and (iii) agrees that service of process upon Nexen Petroleum U.S.A. Inc. and written notice of said service to the Issuer in accordance with Section 1.05 shall be deemed in every respect effective service of process upon the Issuer in any such suit or proceeding. To the extent that the Issuer has or hereafter may acquire any immunity from jurisdiction of any court or from any legal process (whether through service of notice, attachment prior to judgment, attachment in aid of execution, execution or otherwise) with respect to itself or its property, it hereby irrevocably waives such immunity in respect of its obligations under the above-referenced documents, to the extent permitted by law. By the execution and delivery of this Indenture, the Trustee (i) acknowledges that it will, by separate written instrument, designate and appoint Deutsche Bank AG, Toronto Branch, 22 Bay Street, Suite 1100, Toronto, Ontario, Canada M5K E7 (and anx xxxxxxxxx xxxxxx) xx xxx xxxxxxxxxx xxxxx xxxx xxxxx process may be served in any suit or proceeding arising out of or relating to this Indenture or the Securities that may be instituted in any provincial court in the Province of Ontario, or brought under Canadian federal or Canadian provincial securities laws, and acknowledges that Deutsche Bank AG will accept such designation, (ii) submits to the non-exclusive jurisdiction of any such court in any such suit or proceeding, and (iii) agrees that service of process upon Deutsche Bank AG and written notice of said service to the Trustee in accordance with Section 1.05 shall be deemed in every respect effective service of process upon the Trustee in any such suit or proceeding.

Agent for Service; Submission to Jurisdiction; Waiver of Immunities. By the execution and delivery of this IndentureAgreement, the Issuer Company (i) acknowledges that it willhas, by separate written instrument, designate irrevocably designated and appoint Nexen Petroleum U.S.A. Inc.appointed CT Corporation System ("CT Corporation"), 12790 Merit Drive111 Eighth Avenue, Suite 80013th Floor, LB 94New York, Dallas, Texas 75251 New York 10011 (and any sxxxxxxxx succexxxx xxxxxx) ), xx xxx xxxxxxxxxx xxxxx xxxx xxxxx xxocess xxxxxxs may be served in any suit or proceeding arising out of or relating to this Indenture or the Securities Agreement that may be instituted in any Federal federal or state court in the State of New York, the City of New York, the Borough of Manhattan, York or brought under federal or state securities lawslaw, and acknowledges that Nexen Petroleum U.S.A. Inc. will accept CT Corporation has accepted such designation, (ii) submits to the jurisdiction of any such court in any such suit or proceeding, and (iii) agrees that service of process upon Nexen Petroleum U.S.A. Inc. CT Corporation and written notice of said service to the Issuer Company (mailed or delivered to the Company at its principal office in accordance with Section 1.05 Toronto, Ontario, Canada, currently being Rogers Cable, 333 Bloor Strexx Xxxx, Xxxxxxx, Xxxxxxo, M4Y 2Y5, attentxxx Xxnior Vicx Xxxxxxxxx, Xxxxxxx xx xxx 0xx Xxxxx, xxxx x xxpy to Rogers Communications Inc., 333 Bloor Street East, Toronto, Ontario, M0X 0X0, attention: Vice-Presxxxxx, Xxxxxxxxx xx xxx 00xx Xxxxx, xxx Xxxx-Xxxsident, General Counsel and Secretary on the 9th Floor), shall be deemed in every respect effective service of process upon procxxx xxxx the Issuer Company in any such suit or proceeding. The Company further agrees to take any and all action, including the execution and filing of any and all such documents and instruments, as may be necessary to continue such designation and appointment of CT Corporation in full force and effect so long as any of the Initial Securities shall be outstanding. To the extent that the Issuer Company has or hereafter may acquire any immunity from jurisdiction of any court or from any legal process (whether through service of notice, attachment prior to judgment, attachment in aid of execution, execution or otherwise) with respect to itself or its property, it hereby irrevocably waives such immunity in respect of its obligations under the above-referenced documents, to the extent permitted by law. By the execution and delivery of this Indenture, the Trustee (i) acknowledges that it will, by separate written instrument, designate and appoint Deutsche Bank AG, Toronto Branch, 22 Bay Street, Suite 1100, Toronto, Ontario, Canada M5K E7 (and anx xxxxxxxxx xxxxxx) xx xxx xxxxxxxxxx xxxxx xxxx xxxxx process may be served in any suit or proceeding arising out of or relating to this Indenture or the Securities that may be instituted in any provincial court in the Province of Ontario, or brought under Canadian federal or Canadian provincial securities laws, and acknowledges that Deutsche Bank AG will accept such designation, (ii) submits to the non-exclusive jurisdiction of any such court in any such suit or proceeding, and (iii) agrees that service of process upon Deutsche Bank AG and written notice of said service to the Trustee in accordance with Section 1.05 shall be deemed in every respect effective service of process upon the Trustee in any such suit or proceeding.----------------------------

Agent for Service; Submission to Jurisdiction; Waiver of Immunities. By the execution and delivery of this IndentureAgreement, the Issuer Company (i) acknowledges that it willhas, by separate written instrument, designate irrevocably designated and appoint Nexen Petroleum U.S.A. Inc.appointed CT Corporation System ("CT Corporation"), 12790 Merit Drive111 Eighth Avenue, Suite 80013th Floor, LB 94New York, Dallas, Texas 75251 New York 10011 (and any sxxxxxxxx succexxxx xxxxxx) ), xx xxx xxxxxxxxxx xxxxx xxxx xxxxx xxocess xxxxxxs may be served in any suit or proceeding arising out of or relating to this Indenture or the Securities Agreement that may be instituted in any Federal federal or state court in the State of New York, the City of New York, the Borough of Manhattan, York or brought under federal or state securities lawslaw, and acknowledges that Nexen Petroleum U.S.A. Inc. will accept CT Corporation has accepted such designation, (ii) submits to the jurisdiction of any such court in any such suit or proceeding, and (iii) agrees that service of process upon Nexen Petroleum U.S.A. Inc. CT Corporation and written notice of said service to the Issuer Company (mailed or delivered to the Company at its principal office in accordance Toronto, Ontario, Canada, attention: Vice-President, Treasurer, with Section 1.05 a xxxx xx xxx Xxxx-Xxxxxxent, General Counsel and Secretary), shall be deemed in every respect effective service of process upon the Issuer Company in any such suit or proceeding. The Company further agrees to take any and all action, including the execution and filing of any and all such documents and instruments, as may be necessary to continue such designation and appointment of CT Corporation in full force and effect so long as any of the Initial Securities shall be outstanding. To the extent that the Issuer Company has or hereafter may acquire any immunity from jurisdiction of any court or from any legal process (whether through service of notice, attachment prior to judgment, attachment in aid of execution, execution or otherwise) with respect to itself or its property, it hereby irrevocably waives such immunity in respect of its obligations under the above-referenced documents, to the extent permitted by law. By the execution and delivery of this Indenture, the Trustee (i) acknowledges that it will, by separate written instrument, designate and appoint Deutsche Bank AG, Toronto Branch, 22 Bay Street, Suite 1100, Toronto, Ontario, Canada M5K E7 (and anx xxxxxxxxx xxxxxx) xx xxx xxxxxxxxxx xxxxx xxxx xxxxx process may be served in any suit or proceeding arising out of or relating to this Indenture or the Securities that may be instituted in any provincial court in the Province of Ontario, or brought under Canadian federal or Canadian provincial securities laws, and acknowledges that Deutsche Bank AG will accept such designation, (ii) submits to the non-exclusive jurisdiction of any such court in any such suit or proceeding, and (iii) agrees that service of process upon Deutsche Bank AG and written notice of said service to the Trustee in accordance with Section 1.05 shall be deemed in every respect effective service of process upon the Trustee in any such suit or proceeding.----------------------------

Agent for Service; Submission to Jurisdiction; Waiver of Immunities. By the execution and delivery of this IndentureAgreement, the Issuer Company (i) acknowledges that it willhas, by separate written instrument, designate irrevocably designated and appoint Nexen Petroleum U.S.A. Inc.appointed CT Corporation System ("CT Corporation"), 12790 Merit Drive111 Eighth Avenue, Suite 80013th Floor, LB 94New York, Dallas, Texas 75251 New York 10011 (and any sxxxxxxxx succexxxx xxxxxx) ), xx xxx xxxxxxxxxx xxxxx xxxx xxxxx xxocess xxxxxxs may be served in any suit or proceeding arising out of or relating to this Indenture or the Securities Agreement that may be instituted in any Federal federal or state court in the State of New York, the City of New York, the Borough of Manhattan, York or brought under federal or state securities lawslaw, and acknowledges that Nexen Petroleum U.S.A. Inc. will accept CT Corporation has accepted such designation, (ii) submits to the jurisdiction of any such court in any such suit or proceeding, and (iii) agrees that service of process upon Nexen Petroleum U.S.A. Inc. CT Corporation and written notice of said service to the Issuer Company (mailed or delivered to the Company at its principal office in accordance with Section 1.05 Toronto, Ontario, Canada, currently being Rogers Cable, 333 Bloor Strexx Xxxx, Xxxxxxx, Xxxxxxo, M4Y 2Y5, attentxxx Xxnior Vicx Xxxxxxxxx, Xxxxxxx xx xxx 0xx Xxxxx, xxxx x xxpy to Rogers Communications Inc., 333 Bloor Street East, Toronto, Ontario, M0X 0X0, attention: Vice-Presxxxxx, Xxxxxxxxx xx xxx 00xx Xxxxx, xxx Xxxx-Xxxsident, General Counsel and Secretary on the 9th Floor), shall be deemed in every respect effective service of process upon procxxx xxxx the Issuer Company in any such suit or proceeding. The Company further agrees to take any and all action, including the execution and filing of any and all such documents and instruments, as may be necessary to continue such designation and appointment of CT Corporation in full force and effect so long as any of the Initial Securities shall be outstanding. To the extent that the Issuer Company has or hereafter may acquire any immunity from jurisdiction of any court or from any legal process (whether through service of notice, attachment prior to judgment, attachment in aid of execution, execution or otherwise) with respect to itself or its property, it hereby irrevocably waives such immunity in respect of its obligations under the above-referenced documents, to the extent permitted by law. By the execution and delivery of this Indenture, the Trustee (i) acknowledges that it will, by separate written instrument, designate and appoint Deutsche Bank AG, Toronto Branch, 22 Bay Street, Suite 1100, Toronto, Ontario, Canada M5K E7 (and anx xxxxxxxxx xxxxxx) xx xxx xxxxxxxxxx xxxxx xxxx xxxxx process may be served in any suit or proceeding arising out of or relating to this Indenture or the Securities that may be instituted in any provincial court in the Province of Ontario, or brought under Canadian federal or Canadian provincial securities laws, and acknowledges that Deutsche Bank AG will accept such designation, (ii) submits to the non-exclusive jurisdiction of any such court in any such suit or proceeding, and (iii) agrees that service of process upon Deutsche Bank AG and written notice of said service to the Trustee in accordance with Section 1.05 shall be deemed in every respect effective service of process upon the Trustee in any such suit or proceeding.

Agent for Service; Submission to Jurisdiction; Waiver of Immunities. By the execution and delivery of this Indenture, the Issuer Company (i) acknowledges that it willhas, by separate written instrument, designate irrevocably designated and appoint Nexen Petroleum U.S.A. Inc.appointed PTSGE Corp., 12790 Merit Drive5000 Bank of America Tower, Suite 800701 Fifth Avenue, LB 94Seattle, DallasWashington 98100, Texas 75251 (and any sxxxxxxxx xxxxxx) xx xxx xxxxxxxxxx agent uxxx xxxxx xxxxxxx xxx xx xxxxxx xx xxx xxxx xxxxx xxocess may be served in any suit or proceeding arising out of or relating to the Securities or this Indenture or the Securities that may be instituted in any Federal federal or state court in the State of New York, the City of New York, the Borough of Manhattan, or brought under federal or state securities lawslaws or brought by the Trustees, or either of them (whether in their individual capacity or in their capacity as Trustee hereunder), and acknowledges that Nexen Petroleum U.S.A. Inc. will accept PTSGE Corp. has accepted such designation, (ii) submits to the jurisdiction of any such court in any such suit or proceeding, and (iii) agrees that service of process upon Nexen Petroleum U.S.A. Inc. PTSGE Corp. and written notice of said service to it (mailed or delivered to the Issuer Company's Corporate Secretary at its principal office in accordance with Vancouver, British Columbia, Canada as specified in Section 1.05 shall be deemed in every respect 106(c) herxxx) xxxxx xx xxxxxx xx xxxxx xxxxxct effective service of process upon the Issuer it in any such suit or proceeding. The Company further agrees to take any and all actions, including the execution and filing of any and all such documents and instruments, as may be necessary to continue such designation and appointment of PTSGE Corp. in full force and effect so long as this Indenture shall be in full force and effect. To the extent that the Issuer Company has or hereafter may acquire any immunity from jurisdiction of any court or from any legal process (whether through service of notice, attachment prior to judgment, attachment in aid of execution, execution or otherwise) with respect to itself or its property, it the Company hereby irrevocably waives such immunity in respect of its obligations under this Indenture and the above-referenced documentsSecurities, to the extent permitted by law. By the execution and delivery of this Indenture, the Trustee (i) acknowledges that it will, by separate written instrument, designate and appoint Deutsche Bank AG, Toronto Branch, 22 Bay Street, Suite 1100, Toronto, Ontario, Canada M5K E7 (and anx xxxxxxxxx xxxxxx) xx xxx xxxxxxxxxx xxxxx xxxx xxxxx process may be served in any suit or proceeding arising out of or relating to this Indenture or the Securities that may be instituted in any provincial court in the Province of Ontario, or brought under Canadian federal or Canadian provincial securities laws, and acknowledges that Deutsche Bank AG will accept such designation, (ii) submits to the non-exclusive jurisdiction of any such court in any such suit or proceeding, and (iii) agrees that service of process upon Deutsche Bank AG and written notice of said service to the Trustee in accordance with Section 1.05 shall be deemed in every respect effective service of process upon the Trustee in any such suit or proceeding.

Agent for Service; Submission to Jurisdiction; Waiver of Immunities. By the execution and delivery of this Indenture, the Issuer Company (i) acknowledges that it willhas, by separate written instrument, designate irrevocably designated and appoint Nexen Petroleum U.S.A. Inc.appointed PTSGE Corp., 12790 Merit Drive925 Fourth Avenue, Suite 8002900, LB 94Seattle, DallasWashington 98104-1158, Texas 75251 (and any sxxxxxxxx xxxxxx) xx xxx as its xxxxxxxxxx xxxxx xxxx xxxxx xxocess may be served in any suit xxxxxxx xxx xx xxxxxx xx xxx xxxx or proceeding arising out of or relating to the Securities or this Indenture or the Securities that may be instituted in any Federal federal or state court in the State of New York, the City of New York, the Borough of Manhattan, or brought under federal or state securities lawslaws or brought by the Trustees, or either of them (whether in their individual capacity or in their capacity as Trustee hereunder), and acknowledges that Nexen Petroleum U.S.A. Inc. will accept PTSGE Corp. has accepted such designation, (ii) submits to the jurisdiction of any such court in any such suit or proceeding, and (iii) agrees that service of process upon Nexen Petroleum U.S.A. Inc. PTSGE Corp. and written notice of said service to it (mailed or delivered to the Issuer Company's Corporate Secretary at its principal office in accordance with Vancouver, British Columbia, Canada as specified in Section 1.05 shall be deemed in every respect 106(c) herxxx) xxxxx xx xxxxxx xx xxxxx xxxxxct effective service of process upon the Issuer it in any such suit or proceeding. The Company further agrees to take any and all actions, including the execution and filing of any and all such documents and instruments, as may be necessary to continue such designation and appointment of PTSGE Corp. in full force and effect so long as this Indenture shall be in full force and effect. To the extent that the Issuer Company has or hereafter may acquire any immunity from jurisdiction of any court or from any legal process (whether through service of notice, attachment prior to judgment, attachment in aid of execution, execution or otherwise) with respect to itself or its property, it the Company hereby irrevocably waives such immunity in respect of its obligations under this Indenture and the above-referenced documentsSecurities, to the extent permitted by law. By the execution and delivery of this Indenture, the Trustee (i) acknowledges that it will, by separate written instrument, designate and appoint Deutsche Bank AG, Toronto Branch, 22 Bay Street, Suite 1100, Toronto, Ontario, Canada M5K E7 (and anx xxxxxxxxx xxxxxx) xx xxx xxxxxxxxxx xxxxx xxxx xxxxx process may be served in any suit or proceeding arising out of or relating to this Indenture or the Securities that may be instituted in any provincial court in the Province of Ontario, or brought under Canadian federal or Canadian provincial securities laws, and acknowledges that Deutsche Bank AG will accept such designation, (ii) submits to the non-exclusive jurisdiction of any such court in any such suit or proceeding, and (iii) agrees that service of process upon Deutsche Bank AG and written notice of said service to the Trustee in accordance with Section 1.05 shall be deemed in every respect effective service of process upon the Trustee in any such suit or proceeding.

Agent for Service; Submission to Jurisdiction; Waiver of Immunities. By the execution and delivery of this IndentureAgreement, the Issuer Company (i) acknowledges that it willhas, by separate written instrument, designate irrevocably designated and appoint Nexen Petroleum U.S.A. Inc.appointed CT Corporation System ("CT Corporation"), 12790 Merit Drive111 Eighth Avenue, Suite 80013th Floor, LB 94New York, Dallas, Texas 75251 New York 10011 (and any sxxxxxxxx succexxxx xxxxxx) ), xx xxx xxxxxxxxxx xxxxx xxxx xxxxx xxocess xxxxxxs may be served in any suit or proceeding arising out of or relating to this Indenture or the Securities Agreement that may be instituted in any Federal federal or state court in the State of New York, the City of New York, the Borough of Manhattan, York or brought under federal or state securities lawslaw, and acknowledges that Nexen Petroleum U.S.A. Inc. will accept CT Corporation has accepted such designation, (ii) submits to the jurisdiction of any such court in any such suit or proceeding, and (iii) agrees that service of process upon Nexen Petroleum U.S.A. Inc. CT Corporation and written notice of said service to the Issuer Company (mailed or delivered to the Company at its principal office in accordance with Section 1.05 Toronto, Ontario, Canada currently being One Mount Pleasant Road, Toroxxx, Xxxxxxx, X0X 0X0, xttention: Senior Xxxx Xxxxxxxxx xxx Xxxxx Xxxxxxxxx Xxxxxxx, xxxx x copy to Rogers Communications Inc., 333 Bloor Street East, Toronto, Ontario, M0X 0X0, attention: Vice-Presxxxxx, Xxxxxxxxx xx xxx 00xx Xxxxx, xxx Xxxx-Xxxsident, General Counsel and Secretary on the 9th Floor), shall be deemed in every respect effective service of process upon procxxx xxxx the Issuer Company in any such suit or proceeding. The Company further agrees to take any and all action, including the execution and filing of any and all such documents and instruments, as may be necessary to continue such designation and appointment of CT Corporation in full force and effect so long as any of the Initial Securities shall be outstanding. To the extent that the Issuer Company has or hereafter may acquire any immunity from jurisdiction of any court or from any legal process (whether through service of notice, attachment prior to judgment, attachment in aid of execution, execution or otherwise) with respect to itself or its property, it hereby irrevocably waives such immunity in respect of its obligations under the above-referenced documents, to the extent permitted by law. By the execution and delivery of this Indenture, the Trustee (i) acknowledges that it will, by separate written instrument, designate and appoint Deutsche Bank AG, Toronto Branch, 22 Bay Street, Suite 1100, Toronto, Ontario, Canada M5K E7 (and anx xxxxxxxxx xxxxxx) xx xxx xxxxxxxxxx xxxxx xxxx xxxxx process may be served in any suit or proceeding arising out of or relating to this Indenture or the Securities that may be instituted in any provincial court in the Province of Ontario, or brought under Canadian federal or Canadian provincial securities laws, and acknowledges that Deutsche Bank AG will accept such designation, (ii) submits to the non-exclusive jurisdiction of any such court in any such suit or proceeding, and (iii) agrees that service of process upon Deutsche Bank AG and written notice of said service to the Trustee in accordance with Section 1.05 shall be deemed in every respect effective service of process upon the Trustee in any such suit or proceeding.

Agent for Service; Submission to Jurisdiction; Waiver of Immunities. (a) By the execution and delivery of this Indenture, the Issuer Issuers (i) acknowledges acknowledge that it willthey have irrevocably designated and appointed Torys LLP at 00 Xxxxxxxxxx Xxxxxx Xxxx, by separate written instrumentXxx 000, designate and appoint Nexen Petroleum U.S.A. Inc., 12790 Merit DriveTD Centre, Suite 8003000, LB 94Toronto, DallasOntario, Texas 75251 (and any sxxxxxxxx xxxxxx) xx xxx xxxxxxxxxx xxxxx xxxx xxxxx xxocess Canada M5K 1N2, as their authorized agent upon which process may be served in any suit or proceeding arising out of or relating to the Canadian Dollar Notes or this Indenture or in respect of the Securities Canadian Dollar Notes, that may be instituted in any Federal or state provincial court in the State of New York, the City of New York, the Borough of Manhattan, Toronto or brought under federal Canadian securities laws or state securities laws, and acknowledges that Nexen Petroleum U.S.A. Inc. will accept such designationbrought by the Trustee or Trustees (whether in their individual capacity or in their capacity as Trustee(s) hereunder), (ii) submits submit to the non-exclusive jurisdiction of any such court in any such suit or proceeding, and (iii) agrees agree that service of process upon Nexen Petroleum U.S.A. Inc. Torys LLP and written notice of said service to the Issuer Issuers (mailed or delivered to the Issuers, attention: General Counsel, at their principal office specified in accordance with the first paragraph of this Indenture and in the manner specified in Section 1.05 1.5 hereof), shall be deemed in every respect effective service of process upon the Issuer Issuers in any such suit or proceeding. The Issuers further agree to take any and all action, including the execution and filing of any and all such documents and instruments, as may be necessary to continue such designation and appointment of Torys LLP in full force and effect so long as any of the Canadian Dollar Notes shall be outstanding. (b) By the execution and delivery of this Indenture, the Issuers (i) acknowledge that they have irrevocably designated and appointed Brookfield Infrastructure Corporation at Three World Financial Center, 200 Xxxxx Street, 00xx Xxxxx, Xxx Xxxx, XX, 00000-0000, Xxxxxx Xxxxxx of America, as their authorized agent upon which process may be served in any suit or proceeding arising out of or relating to the U.S. Dollar Notes or this Indenture in respect of the U.S. Dollar Notes, that may be instituted in any federal or state court in the City of New York or brought under federal or state securities laws or brought by the Trustee or Trustees (whether in their individual capacity or in their capacity as Trustee(s) hereunder), (ii) submit to the non-exclusive jurisdiction of any such court in any such suit or proceeding, and (iii) agree that service of process upon Brookfield Infrastructure Corporation and written notice of said service to the Issuers (mailed or delivered to the Issuers, attention: General Counsel, at their principal office specified in the first paragraph of this Indenture and in the manner specified in Section 1.5 hereof), shall be deemed in every respect effective service of process upon the Issuers in any such suit or proceeding. The Issuers further agree to take any and all action, including the execution and filing of any and all such documents and instruments, as may be necessary to continue such designation and appointment of Brookfield Infrastructure Corporation in full force and effect so long as any of the U.S. Dollar Notes shall be outstanding. (c) To the extent that the Issuer has Issuers have or hereafter may acquire any immunity from jurisdiction of any court or from any legal process (whether through service of notice, attachment prior to judgment, attachment in aid of execution, execution or otherwise) with respect to itself themselves or its their property, it the Issuers hereby irrevocably waives waive such immunity in respect of its their obligations under this Indenture and the above-referenced documentsNotes, to the extent permitted by law. By . (d) The Issuers hereby irrevocably and unconditionally waive, to the execution extent they may legally and delivery effectively do so, any objection which they may now or hereafter have to the laying of this Indenturevenue of any suit, the Trustee (i) acknowledges that it will, by separate written instrument, designate and appoint Deutsche Bank AG, Toronto Branch, 22 Bay Street, Suite 1100, Toronto, Ontario, Canada M5K E7 (and anx xxxxxxxxx xxxxxx) xx xxx xxxxxxxxxx xxxxx xxxx xxxxx process may be served in any suit action or proceeding arising out of or relating to this Indenture or or, in the Securities that may be instituted case of the U.S. Dollar Notes, in any provincial federal or state court in the Province State of OntarioNew York, Borough of Manhattan, or brought under in the case of Canadian federal or Canadian provincial securities lawsDollar Notes, and acknowledges that Deutsche Bank AG will accept such designationany court in Xxxxxxx, (ii) submits Xxxxxxx. Each of the parties hereto hereby irrevocably waives, to the non-exclusive jurisdiction fullest extent permitted by law, the defense of any an inconvenient forum to the maintenance of such court action or proceeding in any such suit or proceeding, and (iii) agrees that service of process upon Deutsche Bank AG and written notice of said service to the Trustee in accordance with Section 1.05 shall be deemed in every respect effective service of process upon the Trustee in any such suit or proceedingcourt.