Common use of Sovereign Immunity and Jurisdiction Clause in Contracts

Sovereign Immunity and Jurisdiction. a) The GOB unconditionally and irrevocably: (i) agrees that should any proceedings be brought against it or its assets, other than (in the case of the GOB) its military aircraft, naval vessels, other defence properties, accounts of the Bangladesh Bank held outside of Bangladesh (collectively, “Protected Assets”) in Bangladesh 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) waives any right of immunity which it or any of its assets (other than Protected Assets) now has or may in the future have in Bangladesh in connection with any such proceedings; and (iii) 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 any of the Parties (including without limitation, the making, enforcement or execution against or in respect of any of its assets whatsoever (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. Each of the 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. b) The Company hereby unconditionally and irrevocably consents generally to the jurisdiction, with respect to itself and any and all of its assets and property that it now has or may thereafter acquire, of any court of Bangladesh, for any action filed by the GOB to enforce any award or decision of any arbitrator who was duly appointed under this Agreement to resolve any Dispute between the Parties. The Company waives any objection that it may now or hereafter have to the venue of any action or proceeding brought as consented to in this Section 14.5(b) 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. The Company 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. The Company irrevocably waives any and all rights it may have to enforce any judgment or claim against the Protected Assets in the courts of Bangladesh. c) For the avoidance of doubt any dispute or difference between the Parties as to whether any Party has complied with the affirmation set out in this Section 14.7 shall be referred for determination under Section 14.2 and shall fall within the definition of Dispute.