Common use of Commercial Acts; Sovereign Immunity; Jurisdiction Clause in Contracts

Commercial Acts; Sovereign Immunity; Jurisdiction. (a) GOB 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, GOB hereby irrevocably and unconditionally agrees that: (i) should any proceedings be brought against it or its assets in Bangladesh, other than its military aircraft, naval vessels, other defence properties, accounts of the Bangladesh Bank held outside of Bangladesh (collectively, “Protected Assets”) where such assets or property of the GOB are located to enforce any award or decision of any arbitrator who was 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 the GOB on behalf of itself or any of its assets (other than Protected Assets) that it now has or may in the future have in any such jurisdiction in connection with any such proceedings; (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 in accordance with the Bangladesh Energy Regulatory Commission Dispute Settlement Regulation, 2014 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. GOB 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.

Commercial Acts; Sovereign Immunity; Jurisdiction. (a) GOB 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, GOB BPDB hereby irrevocably and unconditionally agrees that: (i) should any proceedings be brought against it BPDB in Bangladesh or its in any jurisdiction where any material assets in Bangladeshor property of BPDB is located or against BPDB’s assets, other than its military aircraftelectric generation assets and equipment, naval vesselselectric distribution assets, other defence propertiesassets necessary for the fulfillment of its duties and responsibilities under Bangladesh Power Development Boards, accounts Order 1972 (P.O. No. 59 of 1972) and any assets protected by the diplomatic and consular privileges under the Xxxxxxxx Xxx, 0000 of the Bangladesh Bank held outside United Kingdom or the Sovereign Xxxxxxxxxx Xxx, 0000 of Bangladesh the United States or any analogous legislation (collectively, the “Protected Assets”) where such assets or property of the GOB are located to enforce any award or decision of any arbitrator arbitrator(s) who was 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 the GOB BPDB on behalf of itself or any of its assets (other assets(other than the Protected Assets) that it now has or may in the future have in any such jurisdiction in connection with any such proceedings); (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 any jurisdiction in connection with any such proceedings; and (iii) it consents generally to the jurisdiction of any court of Bangladesh competent jurisdiction (including courts in Bangladesh) for any action filed by the Company to enforce any award or decision of any arbitrator who was duly appointed under this Agreement in accordance with the Bangladesh Energy Regulatory Commission Dispute Settlement Regulation, 2014 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. GOB 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.

Commercial Acts; Sovereign Immunity; Jurisdiction. (a) GOB BPDB unconditionally and irrevocably agrees that the execution, delivery execution and performance by it of this Agreement constitute private and commercial acts. In furtherance of the foregoing, GOB BPDB hereby irrevocably and unconditionally agrees that: (i) should any proceedings be brought against it BPDB in Bangladesh or its in any jurisdiction where any material assets in Bangladeshor property of BPDB is located or against BPDB‟s assets, other than its military aircraftelectric generation assets and equipment, naval vesselselectric distribution assets, other defence propertiesassets necessary for the fulfillment of its duties and responsibilities under Bangladesh Power Development Board's, accounts Order 1972 (P.O. No. 59 of 1972) and any assets protected by the diplomatic and consular privileges under the Xxxxxxxx Xxx, 0000 of the Bangladesh Bank held outside United Kingdom or the Sovereign Xxxxxxxxxx Xxx, 0000 of Bangladesh the United States or any analogous legislation (collectively, the “Protected Assets”) where such assets or property of the GOB are located to enforce any award or decision of any arbitrator arbitrator(s) who was 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 the GOB BPDB on behalf of itself or any of its assets (other assets(other than the Protected Assets) that it now has or may in the future have in any such jurisdiction in connection with any such proceedings); (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 any jurisdiction in connection with any such proceedings; and (iii) it consents generally to the jurisdiction of any court of Bangladesh competent jurisdiction (including courts in Bangladesh) for any action filed by the Company to enforce any award or decision of any arbitrator who was duly appointed under this Agreement in accordance with the Bangladesh Energy Regulatory Commission Dispute Settlement Regulation, 2014 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 sameParties. GOB 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.

Commercial Acts; Sovereign Immunity; Jurisdiction. (a) GOB BPDB unconditionally and irrevocably agrees that the execution, delivery and performance by it of this Lease Agreement constitute private and commercial acts. In furtherance of the foregoing, GOB BPDB hereby irrevocably and unconditionally agrees that: (i) should any proceedings be brought against it BPDB in Bangladesh where any material assets or its assets in Bangladeshproperty of BPDB is located or against BPDB’s assets, other than its military aircraftelectric generation assets and equipment, naval vessels, other defence properties, accounts of the Bangladesh Bank held outside of Bangladesh electric distribution assets (collectively, the “Protected Assets”) where such assets or property of the GOB are located to enforce any award or decision of any arbitrator arbitrator(s) who was were duly appointed under this Lease Agreement to resolve a Dispute between the Parties, no claim of immunity from such proceedings will be claimed by or on behalf of the GOB BPDB on behalf of itself or any of its assets (other than the Protected Assets) that it now has or may in the future have in any such jurisdiction in connection with any such proceedings;). (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 Lease Agreement in accordance with the Bangladesh Energy Regulatory Commission Dispute Settlement Regulation, 2014 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. GOB 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.

Commercial Acts; Sovereign Immunity; Jurisdiction. (a) GOB 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, GOB BPDB hereby irrevocably and unconditionally agrees that: (i) should any proceedings be brought against it BPDB in Bangladesh where any material assets or its assets in Bangladeshproperty of BPDB is located or against BPDB’s assets, other than its military aircraftthe grid system, naval vesselselectric generation assets and equipment, electric distribution assets, other defence propertiesassets necessary for the fulfillment of its duties and responsibilities under Bangladesh Power Development Boards, accounts Order 1972 (P.O. No. 59 of the Bangladesh Bank held outside of Bangladesh 1972) (collectively, the “Protected Assets”) where such assets or property of the GOB are located to enforce any award or decision of any arbitrator arbitrator(s) who was 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 the GOB BPDB on behalf of itself or any of its assets (other assets(other than the Protected Assets) that it now has or may in the future have in any such jurisdiction in connection with any such proceedings); (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 in accordance with the Bangladesh Energy Regulatory Commission Dispute Settlement Regulation, 2014 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. GOB 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.

Commercial Acts; Sovereign Immunity; Jurisdiction. (a) GOB 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, GOB BPDB hereby irrevocably and unconditionally agrees that: (i) should any proceedings be brought against it BPDB in Bangladesh where any material assets or its assets in Bangladeshproperty of BPDB is located or against BPDB’s assets, other than its military aircraftthe grid system, naval vesselselectric generation assets and equipment, electric distribution assets, other defence propertiesassets necessary for the fulfillment of its duties and responsibilities under Bangladesh Power Development Boards, accounts Order 1972 (P.O. No. 59 of the Bangladesh Bank held outside of Bangladesh 1972) (collectively, the “Protected Assets”) where such assets or property of the GOB are located to enforce any award or decision of any arbitrator arbitrator(s) who was 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 the GOB BPDB on behalf of itself or any of its assets (other assets(other than the Protected Assets) that it now has or may in the future have in any such jurisdiction in connection with any such proceedings); (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 in accordance with the Bangladesh Energy Regulatory Commission Dispute Settlement Regulation, 2014 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. GOB 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.

Commercial Acts; Sovereign Immunity; Jurisdiction. (a) GOB BPDB unconditionally and irrevocably agrees that the execution, delivery execution and performance by it of this Agreement constitute private and commercial acts. In furtherance of the foregoing, GOB BPDB hereby irrevocably and unconditionally agrees that: (i) should any proceedings be brought against it BPDB in Bangladesh or its in any jurisdiction where any material assets in Bangladeshor property of BPDB is located or against BPDB’s assets, other than its military aircraftelectric generation assets and equipment, naval vesselselectric distribution assets, other defence propertiesassets necessary for the fulfillment of its duties and responsibilities under Bangladesh Power Development Board's, accounts Order 1972 (P.O. No. 59 of 1972) and any assets protected by the diplomatic and consular privileges under the Xxxxxxxx Xxx, 0000 of the Bangladesh Bank held outside United Kingdom or the Sovereign Xxxxxxxxxx Xxx, 0000 of Bangladesh the United States or any analogous legislation (collectively, the “Protected Assets”) where such assets or property of the GOB are located to enforce any award or decision of any arbitrator arbitrator(s) who was 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 the GOB BPDB on behalf of itself or any of its assets (other assets(other than the Protected Assets) that it now has or may in the future have in any such jurisdiction in connection with any such proceedings); (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 any jurisdiction in connection with any such proceedings; and (iii) it consents generally to the jurisdiction of any court of Bangladesh competent jurisdiction (including courts in Bangladesh) for any action filed by the Company to enforce any award or decision of any arbitrator who was duly appointed under this Agreement in accordance with the Bangladesh Energy Regulatory Commission Dispute Settlement Regulation, 2014 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 sameParties. GOB 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.

Commercial Acts; Sovereign Immunity; Jurisdiction. (a) GOB NCC unconditionally and irrevocably agrees that the execution, delivery and performance by it of this Land Use Agreement constitute private and commercial acts. In furtherance of the foregoing, GOB NCC hereby irrevocably and unconditionally agrees that: (i) should any proceedings be brought against it NCC in Bangladesh where any material assets or its assets in Bangladeshproperty of NCC is located or against NCC’s assets, other than its military aircraftelectric generation assets and equipment, naval vessels, other defence properties, accounts of the Bangladesh Bank held outside of Bangladesh electric distribution assets (collectively, the “Protected Assets”) where such assets or property of the GOB are located to enforce any award or decision of any arbitrator arbitrator(s) who was were duly appointed under this Land Use Agreement to resolve a Dispute between the Parties, no claim of immunity from such proceedings will be claimed by or on behalf of the GOB NCCC on behalf of itself or any of its assets (other than the Protected Assets) that it now has or may in the future have in any such jurisdiction in connection with any such proceedings;). (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 Land Use Agreement in accordance with the Bangladesh Energy Regulatory Commission Dispute Settlement Regulation, 2014 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. GOB NCC 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.

Commercial Acts; Sovereign Immunity; Jurisdiction. (a) GOB 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, GOB BPDB hereby irrevocably and unconditionally agrees that: (i) should any proceedings be brought against it BPDB in Bangladesh where any material assets or its assets in Bangladeshproperty of BPDB is located or against BPDB’s assets, other than its military aircraftthe grid system, naval vesselselectric generation assets and equipment, electric distribution assets, other defence propertiesassets necessary for the fulfillment of its duties and responsibilities under Bangladesh Power Development Boards, accounts Order 1972 (P.O. No. 59 of the Bangladesh Bank held outside of Bangladesh 1972) (collectively, the “Protected Assets”) where such assets or property of the GOB are located to enforce any award or decision of any arbitrator arbitrator(s) who was 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 the GOB BPDB on behalf of itself or any of its assets (other assets(other than the Protected Assets) that it now has or may in the future have in any such jurisdiction in connection with any such proceedings); (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 in accordance with the Bangladesh Energy Regulatory Commission Dispute Settlement Regulation, 2014 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. GOB 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.

Commercial Acts; Sovereign Immunity; Jurisdiction. (a) GOB BPDB unconditionally and irrevocably agrees that the execution, delivery and performance by it of this Land Lease Agreement constitute private and commercial acts. In furtherance of the foregoing, GOB BPDB hereby irrevocably and unconditionally agrees that: (i) should any proceedings be brought against it BPDB in Bangladesh where any material assets or its assets in Bangladeshproperty of BPDB is located or against BPDB’s assets, other than its military aircraftelectric generation assets and equipment, naval vessels, other defence properties, accounts of the Bangladesh Bank held outside of Bangladesh electric distribution assets (collectively, the “Protected Assets”) where such assets or property of the GOB are located to enforce any award or decision of any arbitrator arbitrator(s) who was were duly appointed under this Land Lease Agreement to resolve a Dispute between the Parties, no claim of immunity from such proceedings will be claimed by or on behalf of the GOB BPDBC on behalf of itself or any of its assets (other than the Protected Assets) that it now has or may in the future have in any such jurisdiction in connection with any such proceedings;). (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 Land Lease Agreement in accordance with the Bangladesh Energy Regulatory Commission Dispute Settlement Regulation, 2014 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. GOB 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.

Commercial Acts; Sovereign Immunity; Jurisdiction. (a) GOB 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, GOB BPDB hereby irrevocably and unconditionally agrees that: (i) should any proceedings be brought against it BPDB in Bangladesh where any material assets or its assets in Bangladeshproperty of BPDB is located or against BPDB’s assets, other than its military aircraftthe grid system, naval vesselselectric generation assets and equipment, electric distribution assets, other defence propertiesassets necessary for the fulfillment of its duties and responsibilities under Bangladesh Power Development Boards, accounts Order 1972 (P.O. No. 59 of the Bangladesh Bank held outside of Bangladesh 1972) (collectively, the “Protected Assets”) where such assets or property of the GOB are located to enforce any award or decision of any arbitrator arbitrator(s) who was 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 the GOB BPDB on behalf of itself or any of its assets (other assets(other than the Protected Assets) that it now has or may in the future have in any such jurisdiction in connection with any such proceedings;). (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 in accordance with the Bangladesh Energy Regulatory Commission Dispute Settlement RegulationArbitration Act, 2014 2001 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. GOB 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.