Commercial Acts, Sovereign Immunity and Jurisdiction. (a) BPDB unconditionally and irrevocably agrees that the execution, delivery and performance by it of this Agreement constitute private and commercial acts. In furtherance of the foregoing, BPDB hereby irrevocably and unconditionally agrees that: (i) should any proceedings be brought against BPDB in Bangladesh where any material assets or property of BPDB is located or against BPDB’s assets, other than the grid system, electric generation assets and equipment, electric distribution assets, other assets necessary for the fulfillment of its duties and responsibilities under Bangladesh Power Development Boards, Order 1972 (P.O. No. 59 of 1972) (collectively, the “Protected Assets”) to enforce any award or decision of any arbitrator(s) who were duly appointed under this Agreement to resolve a Dispute between the Parties, no claim of immunity from such proceedings will be claimed by or on behalf of BPDB on behalf of itself or any of its assets(other than the Protected Assets); (ii) it waives any right of immunity which it or any of its assets (other than the Protected Assets) now has or may in the future have in Bangladesh in connection with any such proceedings; and (iii) it consents generally to the jurisdiction of any court of Bangladesh for any action filed by the Company to enforce any award or decision of any arbitrator who was duly appointed under this Agreement to resolve any Dispute between the Parties (including without limitation, the making, enforcement or execution against or in respect of any of its assets (other than the Protected Assets) regardless of its use or intended use) and specifically waives any objection that any such action or proceeding was brought in an inconvenient forum and agrees not to plead or claim the same. BPDB agrees that service of process in any such action or proceeding may be effected in any manner permitted by the law applicable to the aforementioned court.
Appears in 4 contracts
Samples: Power Purchase Agreement, Power Purchase Agreement, Power Purchase Agreement
