Submission to Jurisdiction; Agent for Service of Process. The Government hereby agrees that only the Federal courts of the United States sitting in the Southern District of New York, the courts of the State of New York sitting in the City of New York and the courts of Israel shall have jurisdiction in respect of any legal action or proceeding brought against The Government to enforce any obligation or liability of The Government arising directly or indirectly from the Condominium Documents ("Proceedings"). In respect of any such Proceeding which may be brought hereunder, The Government irrevocably submits to the jurisdiction of the Federal courts of the United States in the Southern District of New York, the courts of the State of New York sitting in the City of New York and the courts of Israel and waives any right of objection to the laying of venue in any such court, including, without limitation, any objection on the basis of inconvenient forum. The Government irrevocably agrees to be bound by any final judgment rendered thereby in connection with any dispute arising directly or indirectly from the Condominium Documents and any action to enforce The Government's obligations or liabilities under the Condominium Documents from which no appeal has been taken or is available. The Government hereby appoints the Chief Fiscal Officer for the Western Hemisphere of the Ministry of Finance of the Government of Israel, whose office address is presently at 800 Second Avenue, 17th Floor, New York, N.Y. 10017, as its authorized agent ("Authorized Agent") to receive on its behalf service of process in any Proceeding which may be brought under the immediately preceding paragraph of this Section 41 in a Federal court of the United States in the Southern District of New York or in a New York State court in the City of New York. Such appointment shall be irrevocable until the first anniversary of the date on which The Government ceases to be a Unit Owner or unless and until a successor shall have been appointed as The Government's Authorized Agent and such successor shall have accepted such appointment. The Government agrees that it will at all times maintain an Authorized Agent to receive such service, as above provided. The failure of the Authorized Agent to give The Government notice of the service of any process shall not affect the validity of any Proceeding based on that process or any judgment obtained pursuant to it. The Government will take any and all action, including the filing of any and all documents and instruments, that may be necessary to continue such appointment or appointments in full force and effect as aforesaid. Service of process upon the Authorized Agent at the address indicated in this Section 41, or at such other address in the Borough of Manhattan in the City of New York, as may be the office of the Authorized Agent at the time of such service, and written notice of such service to The Government (mailed or delivered to The Government at the address set forth above) hereof shall be deemed, in every respect, effective service of process upon The Government. Upon receipt of such service of process the Authorized Agent shall advise the Ambassador of Israel to the United States and the Ministry of Finance of Israel promptly by telex of its receipt thereof, but the failure to so advise shall have no effect on the validity or timeliness of any such service. The Government irrevocably and expressly waives the diplomatic immunity of Chief Fiscal Officer-Western Hemisphere of the Ministry of Finance of the State of Israel with respect to the acceptance of the service of process referred to herein pursuant to Article 32 of the Vienna Convention on Diplomatic Relations. In respect of any Proceedings which may be brought as provided in this Section, The Government irrevocably agrees not to assert the defense of immunity, on the grounds of sovereignty or otherwise, from jurisdiction, execution or attachment in aid of execution, personally and in respect of any of its property, including, without limitation, Unit 3. With respect to any Proceedings, neither the appointment of the Authorized Agent nor the waivers agreed to in this Section shall be interpreted to include actions brought under the United States Federal securities laws or any State securities laws.
Appears in 1 contract
Samples: Agreement of Sale (Ampal American Israel Corp /Ny/)
Submission to Jurisdiction; Agent for Service of Process. The Government hereby agrees Israel and the Underwriters agree that only the Federal courts of the United States sitting in the Southern District of New York, the courts of the State of New York sitting in the City of New York and the courts of Israel shall have exclusive jurisdiction in respect of any legal action or proceeding brought against The Government Israel and arising out of or relating to enforce any obligation or liability of The Government arising directly or indirectly from the Condominium Documents ("Proceedings")this Agreement. In respect of any such Proceeding proceeding which may be brought hereunder, The Government Israel irrevocably submits to the jurisdiction of the Federal courts of the United States in the Southern District of New York, the courts of the State of New York sitting in the City of New York and the courts of Israel and waives any right of objection to the laying of venue in any such court, including, without limitation, any objection on the basis of inconvenient forum. The Government Israel irrevocably agrees to be bound by any final judgment rendered thereby in connection with any dispute arising directly or indirectly from the Condominium Documents and any action to enforce The Government's obligations or liabilities under the Condominium Documents this Agreement from which no appeal has been taken or is available. The Government Israel hereby appoints the Chief Fiscal Officer for the Western Hemisphere of the Ministry of Finance of the Government of Israel, whose office address is presently at 800 Second Avenue, 17th Floor, New York, N.Y. 10017, as its authorized agent ("Authorized Agent") to receive on its behalf service of process in any Proceeding proceeding which may be brought under the immediately preceding paragraph of this Section 41 13 in a Federal court of the United States in the Southern District of New York or in a New York State court in the City of New York. Such Israel may nominate a substitute or replacement for its Authorized Agent in the State of New York by giving notice thereof to you, but such appointment shall not be irrevocable effective until the first anniversary of successor to the date on which The Government ceases to be a Unit Owner or unless and until a successor shall have been appointed as The Government's Authorized Agent and such successor shall have accepted such appointmentaccepts appointment as such. The Government Israel agrees that it will at all times maintain an Authorized Agent to receive such service, as above provided. The failure of the Authorized Agent to give The Government Israel notice of the service of any process shall not affect the validity of any Proceeding proceeding based on that process or any judgment obtained pursuant to it. The Government Israel will take any and all action, including the filing of any and all documents and instruments, that may be necessary to continue such appointment or appointments in full force and effect as aforesaid. Service of process upon the Authorized Agent at the address indicated in this Section 4113, or at such other address in the Borough of Manhattan in the City of New York, as may be the office of the Authorized Agent at the time of such service, and written notice of such service to The Government Israel (mailed or delivered to The Government Israel at the address set forth abovein Section 14) hereof shall be deemed, in every respect, effective service of process upon The Government. Upon receipt of such service of process the Authorized Agent shall advise the Ambassador of Israel to the United States and the Ministry of Finance of Israel promptly by telex of its receipt thereof, but the failure to so advise shall have no effect on the validity or timeliness of any such service. The Government irrevocably and expressly waives the diplomatic immunity of Chief Fiscal Officer-Western Hemisphere of the Ministry of Finance of the State of Israel with respect to the acceptance of the service of process referred to herein pursuant to Article 32 of the Vienna Convention on Diplomatic RelationsIsrael. In respect of any Proceedings proceeding which may be brought as provided in under this SectionAgreement, The Government Israel irrevocably agrees not to assert the defense of immunity, on the grounds of sovereignty or otherwise, from jurisdiction, execution or attachment in aid of execution, personally and in respect of any of its property. Neither the submission to jurisdiction, including, without limitation, Unit 3. With respect to any Proceedings, neither the appointment of the Authorized Agent nor or the waivers agreed agreements with respect to immunity in this Section 13 shall be interpreted to include actions brought under the United States Federal securities laws or any State securities lawslaws (other than any legal action or proceeding instituted by an Underwriter in its capacity as an Underwriter under this Agreement).
Appears in 1 contract
Submission to Jurisdiction; Agent for Service of Process. The Government hereby agrees Israel and the Underwriters agree that only the Federal courts of the United States sitting in the Southern District of New York, the courts of the State of New York sitting in the City of New York and the courts of Israel shall have exclusive jurisdiction in respect of any legal action or proceeding brought against The Government Israel and arising out of or relating to enforce any obligation or liability of The Government arising directly or indirectly from the Condominium Documents ("Proceedings")this Agreement. In respect of any such Proceeding proceeding which may be brought hereunder, The Government Israel irrevocably submits to the jurisdiction of the Federal courts of the United States in the Southern District of New York, the courts of the State of New York sitting in the City of New York and the courts of Israel and waives any right of objection to the laying of venue in any such court, including, without limitation, any objection on the basis of inconvenient forum. The Government Israel irrevocably agrees to be bound by any final judgment rendered thereby in connection with any dispute arising directly or indirectly from the Condominium Documents and any action to enforce The Government's obligations or liabilities under the Condominium Documents this Agreement from which no appeal has been taken or is available. The Government Israel hereby appoints the Consul and Chief Fiscal Officer for the Western Hemisphere of the Ministry of Finance of the Government of Israel, whose office address is presently at 800 Second Avenue000 Xxxxxx Xxxxxx, 17th Floor00xx Xxxxx, New YorkXxx Xxxx, N.Y. 10017XX 00000, as its authorized agent ("“Authorized Agent"”) to receive on its behalf service of process in any Proceeding proceeding which may be brought under the immediately preceding paragraph of this Section 41 13 in a Federal court of the United States in the Southern District of New York or in a New York State court in the City of New York. Such Israel may nominate a substitute or replacement for its Authorized Agent in the State of New York by giving notice thereof to the Underwriters, but such appointment shall not be irrevocable effective until the first anniversary of successor to the date on which The Government ceases to be a Unit Owner or unless and until a successor shall have been appointed as The Government's Authorized Agent and such successor shall have accepted such appointmentaccepts appointment as such. The Government Israel agrees that it will at all times maintain an Authorized Agent to receive such service, as above provided. The failure of the Authorized Agent to give The Government Israel notice of the service of any process shall not affect the validity of any Proceeding proceeding based on that process or any judgment obtained pursuant to it. The Government Israel will take any and all action, including the filing of any and all documents and instruments, that may be necessary to continue such appointment or appointments in full force and effect as aforesaid. Service of process upon the Authorized Agent at the address indicated in this Section 4113, or at such other address in the Borough of Manhattan in the City of New York, as may be the office of the Authorized Agent at the time of such service, and written notice of such service to The Government Israel (mailed or delivered to The Government Israel at the address set forth abovein Section 14) hereof shall be deemed, in every respect, effective service of process upon The Government. Upon receipt of such service of process the Authorized Agent shall advise the Ambassador of Israel to the United States and the Ministry of Finance of Israel promptly by telex of its receipt thereof, but the failure to so advise shall have no effect on the validity or timeliness of any such service. The Government irrevocably and expressly waives the diplomatic immunity of Chief Fiscal Officer-Western Hemisphere of the Ministry of Finance of the State of Israel with respect to the acceptance of the service of process referred to herein pursuant to Article 32 of the Vienna Convention on Diplomatic RelationsIsrael. In respect of any Proceedings proceeding which may be brought as provided in under this SectionAgreement, The Government Israel irrevocably agrees not to assert the defense of immunity, on the grounds of sovereignty or otherwise, from jurisdiction, execution or attachment in aid of execution, personally and in respect of any of its property. Neither the submission to jurisdiction, including, without limitation, Unit 3. With respect to any Proceedings, neither the appointment of the Authorized Agent nor or the waivers agreed agreements with respect to immunity in this Section 13 shall be interpreted to include actions brought under the United States Federal securities laws or any State securities lawslaws (other than any legal action or proceeding instituted by an Underwriter in its capacity as an Underwriter under this Agreement).
Appears in 1 contract
Submission to Jurisdiction; Agent for Service of Process. The Government hereby agrees Israel and the Underwriters agree that only the Federal courts of the United States sitting in the Southern District of New York, the courts of the State of New York sitting in the City of New York and the courts of Israel shall have exclusive jurisdiction in respect of any legal action or proceeding brought against The Government Israel and arising out of or relating to enforce any obligation or liability of The Government arising directly or indirectly from the Condominium Documents ("Proceedings")this Agreement. In respect of any such Proceeding proceeding which may be brought hereunder, The Government Israel irrevocably submits to the jurisdiction of the Federal courts of the United States in the Southern District of New York, the courts of the State of New York sitting in the City of New York and the courts of Israel and waives any right of objection to the laying of venue in any such court, including, without limitation, any objection on the basis of inconvenient forum. The Government Israel irrevocably agrees to be bound by any final judgment rendered thereby in connection with any dispute arising directly or indirectly from the Condominium Documents and any action to enforce The Government's obligations or liabilities under the Condominium Documents this Agreement from which no appeal has been taken or is available. The Government Israel hereby appoints the Consul and Chief Fiscal Officer for the Western Hemisphere of the Ministry of Finance of the Government of Israel, whose office address is presently at 800 Second Avenue000 Xxxxxx Xxxxxx, 17th Floor00xx Xxxxx, New YorkXxx Xxxx, N.Y. 10017XX 00000, as its authorized agent ("“Authorized Agent"”) to receive on its behalf service of process in any Proceeding proceeding which may be brought under the immediately preceding paragraph of this Section 41 13 in a Federal court of the United States in the Southern District of New York or in a New York State court in the City of New York. Such Israel may nominate a substitute or replacement for its Authorized Agent in the State of New York by giving notice thereof to the Representatives, but such appointment shall not be irrevocable effective until the first anniversary of successor to the date on which The Government ceases to be a Unit Owner or unless and until a successor shall have been appointed as The Government's Authorized Agent and such successor shall have accepted such appointmentaccepts appointment as such. The Government Israel agrees that it will at all times maintain an Authorized Agent to receive such service, as above provided. The failure of the Authorized Agent to give The Government Israel notice of the service of any process shall not affect the validity of any Proceeding proceeding based on that process or any judgment obtained pursuant to it. The Government will take any and all action, including the filing of any and all documents and instruments, that may be necessary to continue such appointment or appointments in full force and effect as aforesaid. Service of process upon the Authorized Agent at the address indicated in this Section 41, or at such other address in the Borough of Manhattan in the City of New York, as may be the office of the Authorized Agent at the time of such service, and written notice of such service to The Government (mailed or delivered to The Government at the address set forth above) hereof shall be deemed, in every respect, effective service of process upon The Government. Upon receipt of such service of process the Authorized Agent shall advise the Ambassador of Israel to the United States and the Ministry of Finance of Israel promptly by telex of its receipt thereof, but the failure to so advise shall have no effect on the validity or timeliness of any such service. The Government irrevocably and expressly waives the diplomatic immunity of Chief Fiscal Officer-Western Hemisphere of the Ministry of Finance of the State of Israel with respect to the acceptance of the service of process referred to herein pursuant to Article 32 of the Vienna Convention on Diplomatic Relations. In respect of any Proceedings which may be brought as provided in this Section, The Government irrevocably agrees not to assert the defense of immunity, on the grounds of sovereignty or otherwise, from jurisdiction, execution or attachment in aid of execution, personally and in respect of any of its property, including, without limitation, Unit 3. With respect to any Proceedings, neither the appointment of the Authorized Agent nor the waivers agreed to in this Section shall be interpreted to include actions brought under the United States Federal securities laws or any State securities laws.to
Appears in 1 contract
Samples: Underwriting Agreement
Submission to Jurisdiction; Agent for Service of Process. The Government hereby agrees Israel and the Underwriters agree that only the Federal courts of the United States sitting in the Southern District of New York, the courts of the State of New York sitting in the City of New York and the courts of Israel shall have exclusive jurisdiction in respect of any legal action or proceeding brought against The Government Israel and arising out of or relating to enforce any obligation or liability of The Government arising directly or indirectly from the Condominium Documents ("Proceedings")this Agreement. In respect of any such Proceeding proceeding which may be brought hereunder, The Government Israel irrevocably submits to the jurisdiction of the Federal courts of the United States in the Southern District of New York, the courts of the State of New York sitting in the City of New York and the courts of Israel and waives any right of objection to the laying of venue in any such court, including, without limitation, any objection on the basis of inconvenient forum. The Government Israel irrevocably agrees to be bound by any final judgment rendered thereby in connection with any dispute arising directly or indirectly from the Condominium Documents and any action to enforce The Government's obligations or liabilities under the Condominium Documents this Agreement from which no appeal has been taken or is available. The Government Israel hereby appoints the Consul and Chief Fiscal Officer for the Western Hemisphere of the Ministry of Finance of the Government of Israel, whose office address is presently at 800 Second Avenue000 Xxxxxx Xxxxxx, 17th Floor00xx Xxxxx, New YorkXxx Xxxx, N.Y. 10017XX 00000, as its authorized agent ("“Authorized Agent"”) to receive on its behalf service of process in any Proceeding proceeding which may be brought under the immediately preceding paragraph of this Section 41 13 in a Federal court of the United States in the Southern District of New York or in a New York State court in the City of New York. Such Israel may nominate a substitute or replacement for its Authorized Agent in the State of New York by giving notice thereof to you, but such appointment shall not be irrevocable effective until the first anniversary of successor to the date on which The Government ceases to be a Unit Owner or unless and until a successor shall have been appointed as The Government's Authorized Agent and such successor shall have accepted such appointmentaccepts appointment as such. The Government Israel agrees that it will at all times maintain an Authorized Agent to receive such service, as above provided. The failure of the Authorized Agent to give The Government Israel notice of the service of any process shall not affect the validity of any Proceeding proceeding based on that process or any judgment obtained pursuant to it. The Government Israel will take any and all action, including the filing of any and all documents and instruments, that may be necessary to continue such appointment or appointments in full force and effect as aforesaid. Service of process upon the Authorized Agent at the address indicated in this Section 4113, or at such other address in the Borough of Manhattan in the City of New York, as may be the office of the Authorized Agent at the time of such service, and written notice of such service to The Government Israel (mailed or delivered to The Government Israel at the address set forth abovein Section 14) hereof shall be deemed, in every respect, effective service of process upon The Government. Upon receipt of such service of process the Authorized Agent shall advise the Ambassador of Israel to the United States and the Ministry of Finance of Israel promptly by telex of its receipt thereof, but the failure to so advise shall have no effect on the validity or timeliness of any such service. The Government irrevocably and expressly waives the diplomatic immunity of Chief Fiscal Officer-Western Hemisphere of the Ministry of Finance of the State of Israel with respect to the acceptance of the service of process referred to herein pursuant to Article 32 of the Vienna Convention on Diplomatic RelationsIsrael. In respect of any Proceedings proceeding which may be brought as provided in under this SectionAgreement, The Government Israel irrevocably agrees not to assert the defense of immunity, on the grounds of sovereignty or otherwise, from jurisdiction, execution or attachment in aid of execution, personally and in respect of any of its property. Neither the submission to jurisdiction, including, without limitation, Unit 3. With respect to any Proceedings, neither the appointment of the Authorized Agent nor or the waivers agreed agreements with respect to immunity in this Section 13 shall be interpreted to include actions brought under the United States Federal securities laws or any State securities lawslaws (other than any legal action or proceeding instituted by an Underwriter in its capacity as an Underwriter under this Agreement).
Appears in 1 contract
Submission to Jurisdiction; Agent for Service of Process. The Government hereby agrees Israel and the Underwriters agree that only the Federal courts of the United States sitting in the Southern District of New York, the courts of the State of New York sitting in the City of New York and the courts of Israel shall have exclusive jurisdiction in respect of any legal action or proceeding brought against The Government Israel and arising out of or relating to enforce any obligation or liability of The Government arising directly or indirectly from the Condominium Documents ("Proceedings")this Agreement. In respect of any such Proceeding proceeding which may be brought hereunder, The Government Israel irrevocably submits to the jurisdiction of the Federal courts of the United States in the Southern District of New York, the courts of the State of New York sitting in the City of New York and the courts of Israel and waives any right of objection to the laying of venue in any such court, including, without limitation, any objection on the basis of inconvenient forum. The Government Israel irrevocably agrees to be bound by any final judgment rendered thereby in connection with any dispute arising directly or indirectly from the Condominium Documents and any action to enforce The Government's obligations or liabilities under the Condominium Documents this Agreement from which no appeal has been taken or is available. The Government Israel hereby appoints the Consul and Chief Fiscal Officer for the Western Hemisphere of the Ministry of Finance of the Government of Israel, whose office address is presently at 800 Second Avenue, 17th Floor, New York, N.Y. 10017, as its authorized agent ("Authorized Agent") to receive on its behalf service of process in any Proceeding proceeding which may be brought under the immediately preceding paragraph of this Section 41 13 in a Federal court of the United States in the Southern District of New York or in a New York State court in the City of New York. Such Israel may nominate a substitute or replacement for its Authorized Agent in the State of New York by giving notice thereof to you, but such appointment shall not be irrevocable effective until the first anniversary of successor to the date on which The Government ceases to be a Unit Owner or unless and until a successor shall have been appointed as The Government's Authorized Agent and such successor shall have accepted such appointmentaccepts appointment as such. The Government Israel agrees that it will at all times maintain an Authorized Agent to receive such service, as above provided. The failure of the Authorized Agent to give The Government Israel notice of the service of any process shall not affect the validity of any Proceeding proceeding based on that process or any judgment obtained pursuant to it. The Government Israel will take any and all action, including the filing of any and all documents and instruments, that may be necessary to continue such appointment or appointments in full force and effect as aforesaid. Service of process upon the Authorized Agent at the address indicated in this Section 4113, or at such other address in the Borough of Manhattan in the City of New York, as may be the office of the Authorized Agent at the time of such service, and written notice of such service to The Government Israel (mailed or delivered to The Government Israel at the address set forth abovein Section 14) hereof shall be deemed, in every respect, effective service of process upon The Government. Upon receipt of such service of process the Authorized Agent shall advise the Ambassador of Israel to the United States and the Ministry of Finance of Israel promptly by telex of its receipt thereof, but the failure to so advise shall have no effect on the validity or timeliness of any such service. The Government irrevocably and expressly waives the diplomatic immunity of Chief Fiscal Officer-Western Hemisphere of the Ministry of Finance of the State of Israel with respect to the acceptance of the service of process referred to herein pursuant to Article 32 of the Vienna Convention on Diplomatic RelationsIsrael. In respect of any Proceedings proceeding which may be brought as provided in under this SectionAgreement, The Government Israel irrevocably agrees not to assert the defense of immunity, on the grounds of sovereignty or otherwise, from jurisdiction, execution or attachment in aid of execution, personally and in respect of any of its property. Neither the submission to jurisdiction, including, without limitation, Unit 3. With respect to any Proceedings, neither the appointment of the Authorized Agent nor or the waivers agreed agreements with respect to immunity in this Section 13 shall be interpreted to include actions brought under the United States Federal securities laws or any State securities lawslaws (other than any legal action or proceeding instituted by an Underwriter in its capacity as an Underwriter under this Agreement).
Appears in 1 contract
Submission to Jurisdiction; Agent for Service of Process. The Government hereby agrees Israel and the Underwriters agree that only the Federal courts of the United States sitting in the Southern District of New York, the courts of the State of New York sitting in the City of New York and the courts of Israel shall have exclusive jurisdiction in respect of any legal action or proceeding brought against The Government Israel and arising out of or relating to enforce any obligation or liability of The Government arising directly or indirectly from the Condominium Documents ("Proceedings")this Agreement. In respect of any such Proceeding proceeding which may be brought hereunder, The Government Israel irrevocably submits to the jurisdiction of the Federal courts of the United States in the Southern District of New York, the courts of the State of New York sitting in the City of New York and the courts of Israel and waives any right of objection to the laying of venue in any such court, including, without limitation, any objection on the basis of inconvenient forum. The Government Israel irrevocably agrees to be bound by any final judgment rendered thereby in connection with any dispute arising directly or indirectly from the Condominium Documents and any action to enforce The Government's obligations or liabilities under the Condominium Documents this Agreement from which no appeal has been taken or is available. The Government Israel hereby appoints the Chief Fiscal Officer for the Head of Israel Economic Mission — Western Hemisphere of the Ministry of Finance of the Government of Israel, whose office address is presently at 800 Second Avenue000 Xxxxxx Xxxxxx, 17th Floor00xx Xxxxx, New YorkXxx Xxxx, N.Y. 10017Xxx Xxxx 00000, as its authorized agent ("“Authorized Agent"”) to receive on its behalf service of process in any Proceeding which proceeding that may be brought under the immediately preceding paragraph of this Section 41 13 in a Federal court of the United States in the Southern District of New York or in a New York State court in the City of New York. Such Israel may nominate a substitute or replacement for its Authorized Agent in the State of New York by giving notice thereof to the Underwriters, but such appointment shall not be irrevocable effective until the first anniversary of successor to the date on which The Government ceases to be a Unit Owner or unless and until a successor shall have been appointed as The Government's Authorized Agent and such successor shall have accepted such appointmentaccepts appointment as such. The Government Israel agrees that it will at all times maintain an Authorized Agent to receive such service, as above provided. The failure of the Authorized Agent to give The Government Israel notice of the service of any process shall not affect the validity of any Proceeding proceeding based on that process or any judgment obtained pursuant to it. The Government Israel will take any and all action, including the filing of any and all documents and instruments, that may be necessary to continue such appointment or appointments in full force and effect as aforesaid. Service of process upon the Authorized Agent at the address indicated in this Section 4113, or at such other address in the Borough of Manhattan in the City of New York, as may be the office of the Authorized Agent at the time of such service, and written notice of such service to The Government Israel (mailed or delivered to The Government Israel at the address set forth abovein Section 14 hereof) hereof shall be deemed, in every respect, effective service of process upon The Government. Upon receipt of such service of process the Authorized Agent shall advise the Ambassador of Israel to the United States and the Ministry of Finance of Israel promptly by telex of its receipt thereof, but the failure to so advise shall have no effect on the validity or timeliness of any such service. The Government irrevocably and expressly waives the diplomatic immunity of Chief Fiscal Officer-Western Hemisphere of the Ministry of Finance of the State of Israel with respect to the acceptance of the service of process referred to herein pursuant to Article 32 of the Vienna Convention on Diplomatic RelationsIsrael. In respect of any Proceedings proceeding which may be brought as provided in under this SectionAgreement, The Government Israel irrevocably agrees not to assert the defense of immunity, on the grounds of sovereignty or otherwise, from jurisdiction, execution or attachment in aid of execution, personally and in respect of any of its property. Neither the submission to jurisdiction, including, without limitation, Unit 3. With respect to any Proceedings, neither the appointment of the Authorized Agent nor or the waivers agreed agreements with respect to immunity in this Section 13 shall be interpreted to include actions brought under the United States Federal securities laws or any State state securities lawslaws (other than any legal action or proceeding instituted by an Underwriter in its capacity as an Underwriter under this Agreement).
Appears in 1 contract
Submission to Jurisdiction; Agent for Service of Process. The Government hereby agrees Israel and the Underwriters agree that only the Federal courts of the United States sitting in the Southern District of New York, the courts of the State of New York sitting in the City of New York and the courts of Israel shall have exclusive jurisdiction in respect of any legal action or proceeding brought against The Government Israel and arising out of or relating to enforce any obligation or liability of The Government arising directly or indirectly from the Condominium Documents ("Proceedings")this Agreement. In respect of any such Proceeding proceeding which may be brought hereunder, The Government Israel irrevocably submits to the jurisdiction of the Federal courts of the United States in the Southern District of New York, the courts of the State of New York sitting in the City of New York and the courts of Israel and waives any right of objection to the laying of venue in any such court, including, without limitation, any objection on the basis of inconvenient forum. The Government Israel irrevocably agrees to be bound by any final judgment rendered thereby in connection with any dispute arising directly or indirectly from the Condominium Documents and any action to enforce The Government's obligations or liabilities under the Condominium Documents this Agreement from which no appeal has been taken or is available. The Government Israel hereby appoints the Chief Fiscal Legal Officer for the and Head of Israel Economic Mission – Western Hemisphere of the Ministry of Finance of the Government of Israel, whose office address is presently at 800 Second AvenueXxxxxx Xxxxxx, 17th Floor00xx Xxxxx, New YorkXxx Xxxx, N.Y. 10017XX 00000, as its authorized agent ("“Authorized Agent"”) to receive on its behalf service of process in any Proceeding which proceeding that may be brought under the immediately preceding paragraph of this Section 41 13 in a Federal court of the United States in the Southern District of New York or in a New York State court in the City of New York. Such Israel may nominate a substitute or replacement for its Authorized Agent in the State of New York by giving notice thereof to the Underwriters, but such appointment shall not be irrevocable effective until the first anniversary of successor to the date on which The Government ceases to be a Unit Owner or unless and until a successor shall have been appointed as The Government's Authorized Agent and such successor shall have accepted such appointmentaccepts appointment as such. The Government Israel agrees that it will at all times maintain an Authorized Agent to receive such service, as above provided. The failure of the Authorized Agent to give The Government Israel notice of the service of any process shall not affect the validity of any Proceeding proceeding based on that process or any judgment obtained pursuant to it. The Government Israel will take any and all action, including the filing of any and all documents and instruments, that may be necessary to continue such appointment or appointments in full force and effect as aforesaid. Service of process upon the Authorized Agent at the address indicated in this Section 4113, or at such other address in the Borough of Manhattan in the City of New York, as may be the office of the Authorized Agent at the time of such service, and written notice of such service to The Government Israel (mailed or delivered to The Government Israel at the address set forth abovein Section 14) hereof shall be deemed, in every respect, effective service of process upon The Government. Upon receipt of such service of process the Authorized Agent shall advise the Ambassador of Israel to the United States and the Ministry of Finance of Israel promptly by telex of its receipt thereof, but the failure to so advise shall have no effect on the validity or timeliness of any such service. The Government irrevocably and expressly waives the diplomatic immunity of Chief Fiscal Officer-Western Hemisphere of the Ministry of Finance of the State of Israel with respect to the acceptance of the service of process referred to herein pursuant to Article 32 of the Vienna Convention on Diplomatic RelationsIsrael. In respect of any Proceedings proceeding which may be brought as provided in under this SectionAgreement, The Government Israel irrevocably agrees not to assert the defense of immunity, on the grounds of sovereignty or otherwise, from jurisdiction, execution or attachment in aid of execution, personally and in respect of any of its property. Neither the submission to jurisdiction, including, without limitation, Unit 3. With respect to any Proceedings, neither the appointment of the Authorized Agent nor or the waivers agreed agreements with respect to immunity in this Section 13 shall be interpreted to include actions brought under the United States Federal securities laws or any State securities lawslaws (other than any legal action or proceeding instituted by an Underwriter in its capacity as an Underwriter under this Agreement).
Appears in 1 contract