WAIVER OF SOVEREIGN. IMMUNITY To the extent that any one or more of the parties may in any jurisdiction whatsoever claim or permit to be claimed for itself or any of its agencies, instrumentalities, properties or assets, immunity (whether characterised as sovereign or otherwise, or as arising from an act of State or sovereignty) from suit, set-off, interim relief, injunction, enforcement action, execution of any judgment or arbitration award, attachment (whether in aid of execution, before judgment or otherwise) or from other legal process including, without limitation, immunity from service of process and immunity from the jurisdiction of an arbitral tribunal, each such party or parties hereby expressly and irrevocably waives and abandons absolutely to the fullest extent permitted by law any such claim to immunity which it may have now or may subsequently acquire on its behalf or on behalf of its agencies, instrumentalities, properties or assets, including but not limited to its bank accounts (present or subsequently acquired and wherever located). ОТКАЗ ОТ СУЩЕСТВЕННОГО ИММУНИТЕТА В той мере, в которой любая одна или несколько сторон в любой юрисдикции могут требовать или разрешать претендовать на себя или на любое из своих учреждений, инструментальных средств, имущества или активов, иммунитет (независимо от того, признан ли он суверенным или иным образом или вытекает из акты государства или суверенитета) от иска, зачета, временного освобождения, судебного запрета, принудительного иска, исполнения любого решения или арбитражного решения, присяги (в порядке исполнения, до вынесения судебного решения или иначе) или из другого судебного процесса, в том числе без ограничения, иммунитет от обслуживания процесса и иммунитет от юрисдикции третейского суда, каждая такая сторона или стороны настоящим прямо и безоговорочно отказываются и полностью отказываются от любых прав на иммунитет, которые они могут иметь сейчас или могут впоследствии приобретать от своего имени или от имени своих агентств, инструментальных средств, имущества или активов, в том числе, но не ограничиваясь, своими банковскими счетами (настоящим или впоследствии приобретаемыми и где бы они ни находились). SURVIVABILITY If, for any reason, the Agreement shall be terminated then such termination shall be without prejudice to any rights, obligations or liabilities of either party which have accrued at the date of termination but have not been performed or discharged and any parts of the Agreement having any reference ...
WAIVER OF SOVEREIGN. IMMUNITY GRZ irrevocably agrees that should any proceedings in relation to, arising out of or in connection with this Agreement be taken in any jurisdiction against it or its assets, no immunity (to the extent that it may at any time exist, whether on the grounds of sovereignty or otherwise) from those proceedings shall be claimed by it or on its behalf or with respect to its assets, and GRZ hereby irrevocably waives any such immunity which it or any of its assets now has or may acquire in the future in any jurisdiction. The waiver of immunities referred to in Clause 0 constitutes only a limited and specific waiver for the purposes of this Agreement and under no circumstances shall it be interpreted as a general waiver by GRZ or a waiver with respect to proceedings unrelated to this Agreement. GRZ has not waived such immunity in respect of property which is:
WAIVER OF SOVEREIGN. IMMUNITY The ULB hereby irrevocably and unconditionally agrees that it is subject to the jurisdiction of the relevant arbitral tribunal and the courts of applicable jurisdiction in India in support of arbitration proceedings with respect to its obligations hereunder, and that the execution, delivery, and performance of this Concession Agreement constitute private and commercial acts of the ULB.
WAIVER OF SOVEREIGN. IMMUNITY The Crow Tribe specifically and unequivocally waives its sovereign immunity from suit and hereby consents to being named as a party in any litigation between Xxxxxxxxxxxx, an Operating Subsidiary and the Crow Tribe involving the construction, execution, interpretation, validity, enforcement, performance, or any disputes arising under this Coal Lease and the Exploration Agreement, including any dispute concerning the rights, responsibilities, and obligations of the parties hereto relating to the mining of Crow Coal under this Coal Lease and the Exploration Agreement. It is agreed that this waiver of sovereign immunity is limited and extends only to Xxxxxxxxxxxx and an Operating Subsidiary and to no other parties, and that the waiver is further limited to only those matters referenced in this provision. This waiver shall be effective such that both parties shall comply with the binding arbitration provisions of the Exploration Agreement and Coal Lease and either party may have recourse to federal court to fully enforce the parties’ agreement to arbitrate and the arbitration result pursuant to the Federal Arbitration Act found at 9 U.S.C. § 1, et seq.
WAIVER OF SOVEREIGN. Immunity Each of the Sponsor, the Company and the Participant represents and warrants that this Agreement and the arrangements contemplated thereby are commercial rather than public or governmental acts and that none of the Company, the Sponsor or the Participant is entitled to claim immunity from legal proceedings with respect to itself or any of its assets on the grounds of sovereignty or otherwise under any law or in any jurisdiction where an action may be brought for the enforcement of any of the obligations arising under or relating to this Agreement. To the extent that the Company, the Sponsor and/or the Participant or any of their assets have or hereafter may acquire any right to immunity from set-off, legal proceedings, attachment prior to judgment, other attachment or execution of judgment on the grounds of sovereignty or otherwise, each of the Company, the Sponsor and the Participant hereby irrevocably waives such rights to immunity in respect of its obligations arising under or relating to this Agreement. Section 5.14. Illegality If any provision of this Agreement shall be held to be illegal, void, invalid or unenforceable under the laws of any jurisdiction, the legality, validity and enforceability of the remainder of this Agreement in that jurisdiction shall not be affected, and the legality, validity and enforceability of the whole of this Agreement in any other jurisdiction shall not be affected. Section 5.15. Registration (a) If required by applicable law, the Sponsor, the Participant and/or the Company shall register this Agreement with any relevant authorities in the State of Nevada of the United States of America, the British Virgin Islands and/or the Republic of Kazakhstan and shall promptly deliver evidence of any such registration to EBRD. (b) If any such licenses, approvals or authorisations of any kind shall be required under applicable law for the performance of the Sponsor's, the Participant's or the Company's obligations under this Agreement, the Sponsor, the Participant and the Company respectively shall diligently and promptly take all actions necessary to obtain such license, approval or authorisation. LONDON - 106404.11
WAIVER OF SOVEREIGN. IMMUNITYThe Parties recognise and acknowledge that this Agreement and the transactionscontemplated by this Agreement constitute a commercial transaction. To the extentthat any Party (including the assignee of a Party's rights or obligations under thisAgreement) may be entitled, in any jurisdiction, to claim sovereign immunity or anyother immunity, as the case may be, from the jurisdiction of any court or arbitraltribunal, or from any legal process, including but not limited to any order, attachment,judgment or award, such Party hereby irrevocably agrees not to claim or assert, andhereby irrevocably waives such sovereign or other immunity. The Parties intend theaforegoing waiver of sovereign immunity to be no less broad than any waiverpermitted by the State Immunity Act of 1978 of Great Britain.25. FORCE MAJEURENone of the SEP, SBCI-MSI, TMS or any other Personnel Provider shall have anyliability for any failure or delay in complying with any provision of this Agreement if,and to the extent and for so long as, that compliance is prevented or substantiallyhindered by any act of God, government, flood, tempest, severe weather conditions,war (whether declared or not), civil disturbances, revolution, riot, insurrection, othernatural disasters, act of terrorism, sabotage, strike, failure to acquire any Permit,labour dispute, other public emergencies or any other cause whatsoever which issubstantially beyond the control of the SEP, SBCI-MSI, TMS or any other PersonnelProvider, as applicable.26. COUNTERPARTSThis Agreement may be executed in one or more counterparts and in separatecounterparts, each of which shall be deemed an original but all of which together shallconstitute one and the same legal xxxxxxxx.Xxxx 4927. SEVERABILITYWhenever possible, each provision of this Agreement shall be interpreted in suchmanner as to be effective and valid under applicable law, but if any provision of thisAgreement shall be unenforceable and invalid under applicable law, such provisionshall be ineffective only to the extent of such unenforceability or invalidity and theremaining provisions of this Agreement shall continue to be binding and in full forceand effect.28. WAIVERNone of the terms of this Agreement shall be deemed to have been waived by anyParty unless such waiver is in writing and signed by that Party. The waiver by anyParty of a breach of any provision of this Agreement shall not operate or be construedas a waiver of any provision of this Agreement or of any furthe...
WAIVER OF SOVEREIGN. IMMUNITY By this Agreement the Tribes do not in any way limit, impair or waive its sovereign immunity from unconsented suit or arbitration, except as specifically provided herein. The Tribes do waive sovereign immunity from suit or arbitration by Consultant only as provided herein and solely for the purpose of enforcement of the terms of this Agreement. This waiver is a limited waiver of immunity, and any damages which may arise as a result of the Tribes or its officially recognized representatives' action shall be limited exclusively to the Tribes' interest in revenues derived from the operation of the Enterprise as provided in Section VI(B)(2)(d) above. This limited waiver of sovereign immunity is granted solely to Consultant, only for purposes of Consultant implementing this Agreement. This waiver shall be regarded as a limited waiver of sovereign immunity according to its terms in any subsequent arbitration or court proceeding commenced by consultant for purposes of enforcing the terms of this Agreement. Nothing contained in this limited waiver shall be construed to confer any benefit, tangible or intangible, or standing on any person or entity not a party to this Agreement or as a waiver with respect to any third person or entity. 6 7 X.
