Common use of Waiver of Sovereign Immunity Clause in Contracts

Waiver of Sovereign Immunity. With respect to the liability of Subscriber to perform its obligations under this Subscription Agreement, with respect to itself or its property, Subscriber: 9.1 agrees that, for purposes of the doctrine of sovereign immunity, the execution, delivery and performance by it of this Subscription Agreement constitutes private and commercial acts done for private and commercial purposes; 9.2 agrees that, should any proceedings be brought against it or its assets in any jurisdiction in relation to this Subscription Agreement or any transaction contemplated by this Subscription Agreement in accordance with the terms hereof, Subscriber is not entitled to any immunity on the basis of sovereignty in respect of its obligations under this Subscription Agreement, and no immunity from such proceedings (including, without limitation, immunity from service of process from suit, from the jurisdiction of any court, from an order or injunction of such court or the enforcement of same against its assets) shall be claimed by or on behalf of such party or with respect to its assets; 9.3 waives, in any such proceedings, to the fullest extent permitted by law, any right of immunity which it or any of its assets now has or may acquire in the future in any jurisdiction; 9.4 subject to the terms and conditions hereof, consents generally in respect of the enforcement of any judgment or award against it in any such proceedings to the giving of any relief or the issue of any process in any jurisdiction in connection with such proceedings (including, without limitation, pre-judgment attachment, post judgment attachment, the making, enforcement or execution against or in respect of any assets whatsoever irrespective of their use or intended use of any order or judgment that may be made or given in connection therewith); and 9.5 specifies that, for the purposes of this provision, “assets” shall be taken as excluding “premises of the mission” as defined in the Vienna Convention on Diplomatic Relations signed at Vienna, April 18, 1961, “consular premises” as defined in the Vienna Convention on Consular Relations signed in 1963, and military property or military assets or property of the Investor.]1 1 Note to Draft: To be included for all sovereign wealth or similar investors.

Waiver of Sovereign Immunity. With respect to the contractual liability of Subscriber Investor to perform its obligations under this Subscription Agreement, with respect to itself or its property, Subscriberthe Investor: 9.1 (a) agrees that, for purposes of the doctrine of sovereign immunity, that the execution, delivery and performance by it of this Subscription Agreement constitutes private and commercial acts done for private and commercial purposes; 9.2 (b) agrees that, should any proceedings be brought against it or its assets in any jurisdiction in relation to this Subscription Agreement or any transaction contemplated by this Subscription Agreement in accordance with Agreement, the terms hereof, Subscriber Investor is not entitled to any immunity on the basis of or sovereignty or otherwise in respect of its obligations under this Subscription Agreement, and no immunity from such proceedings (including, without limitation, immunity from service of process from suit, from the jurisdiction of any court, from an order or injunction of such court or the enforcement of same against its assets) shall be claimed by or on behalf of such party or with respect to its assets; 9.3 (c) waives, in any such proceedings, to the fullest extent permitted by law, any right of immunity which it or any of its assets now has or may acquire in the future in any jurisdiction; 9.4 subject to the terms and conditions hereof, (d) consents generally in respect of the enforcement of any judgment or award against it in any such proceedings to the giving of any relief or the issue of any process in any jurisdiction in connection with such proceedings (including, without limitation, pre-judgment attachment, post judgment attachment, the making, enforcement or execution against or in respect of any assets whatsoever irrespective of their use or intended use of any order or judgment that may be made or given in connection therewith); and 9.5 (e) specifies that, for the purposes of this provision, “assets” shall be taken as excluding “premises of the mission” as defined in the Vienna Convention on Diplomatic Relations signed at Vienna, April 18, 1961, “consular premises” as defined in the Vienna Convention on Consular Relations signed in 1963, and military property or military assets or property of the Investor.]1 1 Note to Draft: To be included for all sovereign wealth or similar investorsInvestor.

Waiver of Sovereign Immunity. With respect To the extent that AREVA NP has or hereafter may acquire (or may be attributed, whether or not claimed) any immunity (sovereign or otherwise) from any legal action, suit, or proceeding, from jurisdiction of any court or from set-off or any legal process (whether service of process or notice, attachment prior to the liability judgment, attachment in aid of Subscriber to perform its obligations under this Subscription Agreementexecution of judgment, execution of judgment, or otherwise) with respect to itself or any of its property, Subscriber: 9.1 assets, or revenue, AREVA NP hereby irrevocably waives and agrees that, for purposes of the doctrine of sovereign immunity, the execution, delivery and performance by it of this Subscription Agreement constitutes private and commercial acts done for private and commercial purposes; 9.2 agrees that, should any proceedings be brought against it not to plead or its assets in any jurisdiction in relation to this Subscription Agreement or any transaction contemplated by this Subscription Agreement in accordance with the terms hereof, Subscriber is not entitled to any immunity on the basis of sovereignty in respect of its obligations under this Subscription Agreement, and no immunity from such proceedings (including, without limitation, immunity from service of process from suit, from the jurisdiction of any court, from an order or injunction of such court or the enforcement of same against its assets) shall be claimed by or on behalf of such party or with respect to its assets; 9.3 waives, in any such proceedingsclaim, to the fullest extent permitted by law, such immunity in respect of (a) its obligations under this Agreement, (b) any legal proceedings to enforce such obligations, and (c) any legal proceedings to enforce any judgment rendered in any proceedings to enforce such obligations. AREVA NP hereby agrees that the waivers set forth in this paragraph are effective to the fullest extent permitted under the Foreign Sovereign Immunities Act and are intended to be irrevocable and not subject to withdrawal for purposes of such Act. AREVA NP is subject to civil and commercial law with respect to its obligations under or in respect of this Agreement. The execution, delivery, and performance by AREVA NP of this Agreement constitute and will constitute “commercial activities” within the meaning of the Foreign Sovereign Immunities Act rather than public or governmental acts. The waiver of immunity by AREVA NP set forth herein is legal, valid, binding, and enforceable, and neither AREVA NP nor any of its property, assets, or revenues has any right of immunity which it (sovereign or otherwise), in the United States or elsewhere, from any legal action, suit, or proceeding, from jurisdiction of any court or from set-off or any legal process (whether service or notice, attachment prior to judgment, attachment in aid of execution of judgment, execution of judgment, or otherwise) with respect to its assets now has or may acquire in the future in any jurisdiction; 9.4 subject to the terms and conditions hereof, consents generally in respect of the enforcement of any judgment or award against it in any such proceedings to the giving of any relief or the issue of any process in any jurisdiction in connection with such proceedings (including, without limitation, pre-judgment attachment, post judgment attachment, the making, enforcement or execution against obligations under or in respect of any assets whatsoever irrespective of their use or intended use of any order or judgment that may be made or given in connection therewith); and 9.5 specifies that, for the purposes this Agreement. The provisions of this provisionSection 17.4, “assets” shall be taken as excluding “premises including the waiver of the mission” as defined in the Vienna Convention on Diplomatic Relations signed at Viennasovereign immunity, April 18, 1961, “consular premises” as defined in the Vienna Convention on Consular Relations signed in 1963, also apply to and military property or military assets or property of the Investor.]1 1 Note to Draft: To be included for all sovereign wealth or similar investorsare binding upon AREVA NP’s permitted successors and assigns.

Waiver of Sovereign Immunity. With respect to the liability of Subscriber to perform its obligations under this Subscription Agreement, with respect to itself or its property, Subscriber: 9.1 agrees that, for purposes of the doctrine of sovereign immunity, the execution, delivery and performance by it of this Subscription Agreement constitutes private and commercial acts done for private and commercial purposes; 9.2 agrees that, should any proceedings be brought against it or its assets in any jurisdiction in relation to this Subscription Agreement or any transaction contemplated by this Subscription Agreement in accordance with the terms hereof, Subscriber is not entitled to any immunity on the basis of sovereignty in respect of its obligations under this Subscription Agreement, and no immunity from such proceedings (including, without limitation, immunity from service of process from suit, from the jurisdiction of any court, from an order or injunction of such court or the enforcement of same against its assets) shall be claimed by or on behalf of such party Party or with respect to its assets; 9.3 waives, in any such proceedings, to the fullest extent permitted by law, any right of immunity which it or any of its assets now has or may acquire in the future in any jurisdiction; 9.4 subject to the terms and conditions hereof, consents generally in respect of the enforcement of any judgment or award against it in any such proceedings to the giving of any relief or the issue of any process in any jurisdiction in connection with such proceedings (including, without limitation, pre-judgment attachment, post judgment attachment, the making, enforcement or execution against or in respect of any assets whatsoever irrespective of their use or intended use of any order or judgment that may be made or given in connection therewith); and 9.5 specifies that, for the purposes of this provision, “assets” shall be taken as excluding “premises of the mission” as defined in the Vienna Convention on Diplomatic Relations signed at Vienna, April 18, 1961, “consular premises” as defined in the Vienna Convention on Consular Relations signed in 1963, and military property or military assets or property of the Investor.]1 1 Note to Draft: To be included for all sovereign wealth or similar investors.Investor.]1

Waiver of Sovereign Immunity. With respect to the contractual liability of Subscriber each of the Investor and Guarantor to perform its respective obligations under this Subscription Agreement, with respect to himself or itself or its property, Subscriberproperty each of the Investor and Guarantor and their respective Permitted Transferees: 9.1 (a) agrees that, for purposes of the doctrine of sovereign immunity, that the execution, delivery and performance by it of this Subscription Agreement constitutes constitute private and commercial acts done for private and commercial purposes; 9.2 (b) agrees that, should any proceedings be brought against it or its assets in any jurisdiction in relation to this Subscription Agreement or any transaction contemplated by this Subscription Agreement in accordance with Agreement, each of the terms hereof, Subscriber Investor and Guarantor is not entitled to any immunity on the basis of or sovereignty or otherwise in respect of its obligations under this Subscription Agreement, and no immunity from such proceedings (including, without limitation, immunity from service of process from suit, from the jurisdiction of any court, from an order or injunction of such court or the enforcement of same against its assets) shall be claimed by or on behalf of such party or with respect to its assets; 9.3 (c) waives, in any such proceedings, to the fullest extent extend permitted by law, any right of immunity which it or any of its assets now has or may acquire in the future in any jurisdiction; 9.4 subject to the terms and conditions hereof, (d) consents generally in respect of the enforcement of any judgment or award against it in any such proceedings to the giving of any relief or the issue of any process in any jurisdiction in connection with such proceedings (including, without limitation, pre-judgment attachment, post judgment attachment, the making, enforcement or execution against or in respect of any assets whatsoever irrespective of their use or intended use of any order or judgment that may be made or given in connection therewith); and 9.5 (e) specifies that, for the purposes of this provision, “assets” shall be taken as excluding “premises of the mission” as defined in the Vienna Convention on Diplomatic Relations signed at Vienna, April 18, 1961, “consular premises” as defined in the Vienna Convention on Consular Relations signed in 1963, and military property or military assets or property of the Investor.]1 1 Note to Draft: To be included for all sovereign wealth or similar investorsInvestor.

Waiver of Sovereign Immunity. With respect To the extent that any Party hereto has or hereafter may acquire any immunity from jurisdiction of any court or from any legal process (whether through service or notice, attachment prior to the liability judgment, attachment in aid of Subscriber to perform its obligations under this Subscription Agreement, execution or otherwise) with respect to himself or itself or its property, Subscribersuch Party: 9.1 (a) agrees that, for purposes of the doctrine of sovereign immunity, that the execution, delivery and performance by it of this Subscription Agreement constitutes constitute private and commercial acts done for private and commercial purposes; 9.2 (b) agrees that, should any proceedings be brought against it or its assets in any jurisdiction in relation to this Subscription Agreement or any transaction contemplated by this Subscription Agreement in accordance with the terms hereofhereby, Subscriber such Party is not entitled to any sovereign immunity on the basis of sovereignty in respect of its obligations under this Subscription Agreement, and no sovereign immunity from such proceedings (including, without limitation, immunity from service of process from suit, from the jurisdiction of any court, from an order or injunction of such court or the enforcement of same against its assets) shall be claimed by or on behalf of such party Party or with respect to its assets; 9.3 (c) agrees that the provisions of Section 10.1 and Section 10.8 of this Agreement concerning service of notices, including as they relate to service of legal and arbitral process, shall apply to such Party; (d) waives, in any such proceedings, to the fullest extent permitted by law, any right of sovereign immunity which that it or any of its assets now has or may acquire in the future in any jurisdiction; 9.4 subject (e) waives, to the terms and conditions hereofextent permitted by applicable law, consents generally in the defense of sovereign immunity with respect of to the enforcement of any judgment or award against it in any such proceedings to the giving of any relief or the issue of any process in any jurisdiction in connection with such proceedings (including, without limitation, pre-judgment attachment, post post-judgment attachment, the making, enforcement or execution against or in respect of any assets whatsoever irrespective of their use or intended use of any order or judgment that may be made or given in connection therewith); and 9.5 (f) specifies that, for the purposes of this provision, “assets” shall be taken as excluding “premises of the mission” as defined in the Vienna Convention on Diplomatic Relations signed at Vienna, April 18, 1961, “consular premises” as defined in the Vienna Convention on Consular Relations signed in 1963, and military property or military assets or property of the Investor.]1 1 Note to Draft: To be included for all sovereign wealth or similar investorssuch Party.

Waiver of Sovereign Immunity. With respect To the extent that AREVA NP has or hereafter may acquire (or may be attributed, whether or not claimed) any immunity (sovereign or otherwise) from any legal action, suit, or proceeding, from jurisdiction of any court or from set-off or any legal process (whether service of process or notice, attachment prior to the liability judgment, attachment in aid of Subscriber to perform its obligations under this Subscription Agreementexecution of judgment, execution of judgment, or otherwise) with respect to itself or any of its property, Subscriber: 9.1 assets, or revenue, AREVA NP hereby irrevocably waives and agrees that, for purposes of the doctrine of sovereign immunity, the execution, delivery and performance by it of this Subscription Agreement constitutes private and commercial acts done for private and commercial purposes; 9.2 agrees that, should any proceedings be brought against it not to plead or its assets in any jurisdiction in relation to this Subscription Agreement or any transaction contemplated by this Subscription Agreement in accordance with the terms hereof, Subscriber is not entitled to any immunity on the basis of sovereignty in respect of its obligations under this Subscription Agreement, and no immunity from such proceedings (including, without limitation, immunity from service of process from suit, from the jurisdiction of any court, from an order or injunction of such court or the enforcement of same against its assets) shall be claimed by or on behalf of such party or with respect to its assets; 9.3 waives, in any such proceedingsclaim, to the fullest extent permitted by law, such immunity in respect of (a) its obligations under this Agreement, (b) any legal proceedings to enforce such obligations, and (c) any legal proceedings to enforce any judgment rendered in any proceedings to enforce such obligations. AREVA NP hereby agrees that the waivers set forth in this paragraph are effective to the fullest extent permitted under the Foreign Sovereign Immunities Act and are intended to be irrevocable and not subject to withdrawal for purposes of such Act. AREVA NP is subject to civil and commercial law with respect to its obligations under or in respect of this Agreement. The execution, delivery, and performance by AREVA NP of this Agreement constitute and will constitute “commercial activities” within the meaning of the Foreign Sovereign Immunities Act rather than public or governmental acts. The waiver of immunity by AREVA NP set forth herein is legal, valid, binding, and enforceable, and neither AREVA NP nor any of its property, assets, or revenues has any right of immunity which it (sovereign or otherwise), in the United States or elsewhere, from any legal action, suit, or proceeding, from jurisdiction of any court or from set-off or any legal process (whether service or notice, attachment prior to judgment, attachment in aid of execution of judgment, execution of judgment, or otherwise) with respect to its assets now has or may acquire in the future in any jurisdiction; 9.4 subject to the terms and conditions hereof, consents generally in respect of the enforcement of any judgment or award against it in any such proceedings to the giving of any relief or the issue of any process in any jurisdiction in connection with such proceedings (including, without limitation, pre-judgment attachment, post judgment attachment, the making, enforcement or execution against obligations under or in respect of any assets whatsoever irrespective of their use or intended use of any order or judgment that may be made or given in connection therewith); and 9.5 specifies that, for the purposes this Agreement. The provisions of this provisionSection 17.4, “assets” shall be taken as excluding “premises including the waiver of sovereign immunity, also apply to and are binding upon AREVA NP’s permitted successors and assigns. [*****] Portions of this exhibit have been redacted pursuant to a confidential treatment request. An unredacted version of this exhibit has been filed separately with the mission” as defined in the Vienna Convention on Diplomatic Relations signed at Vienna, April 18, 1961, “consular premises” as defined in the Vienna Convention on Consular Relations signed in 1963, and military property or military assets or property of the Investor.]1 1 Note to Draft: To be included for all sovereign wealth or similar investorsCommission.

Waiver of Sovereign Immunity. With respect to the liability of Subscriber to perform its obligations under this Subscription Agreement, with respect to itself or its property, Subscriber: 9.1 agrees that, for purposes of the doctrine of sovereign immunity, the execution, delivery and performance by it of this Subscription Agreement constitutes private and commercial acts done for private and commercial purposes; 9.2 agrees that, should any proceedings be brought against it or its assets in any jurisdiction in relation to this Subscription Agreement or any transaction contemplated by this Subscription Agreement in accordance with the terms hereof, Subscriber is not entitled to any immunity on the basis of sovereignty in respect of its obligations under this Subscription Agreement, and no immunity from such proceedings (including, without limitation, immunity from service of process from suit, from the jurisdiction of any court, from an order or injunction of such court or the enforcement of same against its assets) shall be claimed by or on behalf of such party Party or with respect to its assets; 9.3 waives, in any such proceedings, to the fullest extent permitted by law, any right of immunity which it or any of its assets now has or may acquire in the future in any jurisdiction; 9.4 subject to the terms and conditions hereof, consents generally in respect of the enforcement of any judgment or award against it in any such proceedings to the giving of any relief or the issue of any process in any jurisdiction in connection with such proceedings (including, without limitation, pre-judgment attachment, post judgment attachment, the making, enforcement or execution against or in respect of any assets whatsoever irrespective of their use or intended use of any order or judgment that may be made or given in connection therewith); and 9.5 specifies that, for the purposes of this provision, “assets” shall be taken as excluding “premises of the mission” as defined in the Vienna Convention on Diplomatic Relations signed at Vienna, April 18, 1961, “consular premises” as defined in the Vienna Convention on Consular Relations signed in 1963, and military property or military assets or property of the Investor.]1 1 Note to Draft: To be included for all sovereign wealth or similar investorsInvestor.] 1

Waiver of Sovereign Immunity. With respect to the contractual liability of Subscriber Investor to perform its obligations under this Subscription Agreement, with respect to itself or its property, Subscriber,the Investor: 9.1 (a) agrees that, for purposes of the doctrine of sovereign immunity, that the execution, delivery and performance by it of this Subscription Agreement constitutes private and commercial acts done actsdone for private and commercial purposes; 9.2 (b) agrees that, should any proceedings be brought against it or its assets in any jurisdiction in relation to this Subscription Agreement or Agreementor any transaction contemplated by this Subscription Agreement in accordance with Agreement, the terms hereof, Subscriber Investor is not entitled to any immunity on the basis of or sovereignty or otherwise in respect of its obligations under this Subscription Agreement, and no immunity from such proceedings (including, without limitation, immunity from service of process from suit, from the jurisdiction of any court, from an order or injunction of such court or the enforcement of same against its assets) shall be claimed by or on behalf of such party or with respect to its assets; 9.3 (c) waives, in any such proceedings, to the fullest extent permitted extentpermitted by law, any right of immunity which it or any of its assets now has or may acquire in the future in any jurisdiction; 9.4 subject to the terms and conditions hereof, (d) consents generally in respect of the enforcement of any judgment or award against it in any such proceedings to the giving of any relief or the issue of any process in any jurisdiction in connection with such proceedings (including, without limitation, pre-judgment attachment, post judgment attachment, the making, enforcement or execution against or in respect of any assets whatsoever irrespective of their use or intended use intendeduse of any order or judgment that may be made or given in connection therewith); and 9.5 (e) specifies that, for the purposes of this provision, “assets” shall be taken as excluding “premises of the mission” as defined in the Vienna Convention on Diplomatic Relations signed at Vienna, April 18, 1961, “consular premises” as defined in the Vienna Convention on Consular Relations signed in 1963, and military property or military assets or property of the Investor.]1 1 Note to Draft: To be included for all sovereign wealth or similar investorsInvestor.

Waiver of Sovereign Immunity. With respect To the extent that any Party has or hereafter may acquire any immunity from jurisdiction of any court or from any legal process (whether through service or notice, attachment prior to the liability judgment, attachment in aid of Subscriber to perform its obligations under this Subscription Agreement, execution or otherwise) with respect to himself or itself or its property, Subscribersuch Party: 9.1 (a) agrees that, for purposes of the doctrine of sovereign immunity, that the execution, delivery and performance by it of this Subscription Agreement constitutes or any other Transaction Document constitute private and commercial acts done for private and commercial purposes; 9.2 (b) agrees that, should any proceedings be brought against it or its assets in any jurisdiction in relation to this Subscription Agreement any Transaction Document or any transaction contemplated by this Subscription Agreement in accordance with the terms hereofhereby and thereby, Subscriber such Party is not entitled to any sovereign immunity on the basis of sovereignty in respect of its obligations under this Subscription Agreementsuch Transaction Document or transaction, and no sovereign immunity from such proceedings (including, without limitation, immunity from service of process from suit, from the jurisdiction of any court, from an order or injunction of such court or the enforcement of same against its assets) shall be claimed by or on behalf of such party Party or with respect to its assets; 9.3 (c) waives, in any such proceedings, to the fullest extent permitted by law, any right of sovereign immunity which that it or any of its assets now has or may acquire in the future in any jurisdiction;; and 9.4 subject (d) waives, to the terms and conditions hereoffullest extent permitted by law, consents generally in the defense of sovereign immunity with respect of to the enforcement of any judgment or award against it in any such proceedings to the giving of any relief or the issue of any process in any jurisdiction in connection with such proceedings (including, without limitation, pre-judgment attachment, post judgment attachment, the making, enforcement or execution against or in respect of any assets whatsoever irrespective of their use or intended use of any order or judgment that may be made or given in connection therewith); and 9.5 specifies that, for the purposes of this provision, “assets” shall be taken as excluding “premises of the mission” as defined in the Vienna Convention on Diplomatic Relations signed at Vienna, April 18, 1961, “consular premises” as defined in the Vienna Convention on Consular Relations signed in 1963, and military property or military assets or property of the Investor.]1 1 Note to Draft: To be included for all sovereign wealth or similar investors.

Waiver of Sovereign Immunity. With respect To the extent that AREVA NP has or hereafter may acquire (or may be attributed, whether or not claimed) any immunity (sovereign or otherwise) from any legal action, suit, or proceeding, from jurisdiction of any court or from set-off or any legal process (whether service of process or notice, attachment prior to the liability judgment, attachment in aid of Subscriber to perform its obligations under this Subscription Agreementexecution of judgment, execution of judgment, or otherwise) with respect to itself or any of its property, Subscriber: 9.1 assets, or revenue, AREVA NP hereby irrevocably waives and agrees that, for purposes of the doctrine of sovereign immunity, the execution, delivery and performance by it of this Subscription Agreement constitutes private and commercial acts done for private and commercial purposes; 9.2 agrees that, should any proceedings be brought against it not to plead or its assets in any jurisdiction in relation to this Subscription Agreement or any transaction contemplated by this Subscription Agreement in accordance with the terms hereof, Subscriber is not entitled to any immunity on the basis of sovereignty in respect of its obligations under this Subscription Agreement, and no immunity from such proceedings (including, without limitation, immunity from service of process from suit, from the jurisdiction of any court, from an order or injunction of such court or the enforcement of same against its assets) shall be claimed by or on behalf of such party or with respect to its assets; 9.3 waives, in any such proceedingsclaim, to the fullest extent permitted by law, such immunity in respect of (a) its obligations under this Agreement, (b) any legal proceedings to enforce such obligations, and (c) any legal proceedings to enforce any judgment rendered in any proceedings to enforce such obligations. AREVA NP hereby agrees that the waivers set forth in this paragraph are effective to the fullest extent permitted under the Foreign Sovereign Immunities Act and are intended to be irrevocable and not subject to withdrawal for purposes of such Act. AREVA NP is subject to civil and commercial law with respect to its obligations under or in respect of this Agreement. The execution, delivery, and performance by AREVA NP of this Agreement constitute and will constitute “commercial activities” within the meaning of the Foreign Sovereign Immunities Act rather than public or governmental acts. The waiver of immunity by AREVA NP set forth herein is legal, valid, binding, and enforceable, and neither AREVA NP nor any of its property, assets, or revenues has any right of immunity which it (sovereign or otherwise), in the United States or elsewhere, from any legal action, suit, or proceeding, from jurisdiction of any court or from set-off or any legal process (whether service or notice, attachment prior to judgment, attachment in aid of execution of judgment, execution of judgment, or otherwise) with respect to its assets now has or may acquire in the future in any jurisdiction; 9.4 subject to the terms and conditions hereof, consents generally in respect of the enforcement of any judgment or award against it in any such proceedings to the giving of any relief or the issue of any process in any jurisdiction in connection with such proceedings (including, without limitation, pre-judgment attachment, post judgment attachment, the making, enforcement or execution against obligations under or in respect of any assets whatsoever irrespective of their use or intended use of any order or judgment that may be made or given in connection therewith); and 9.5 specifies that, for the purposes this Agreement. The provisions of this provisionSection 16, “assets” shall be taken as excluding “premises including the waiver of the mission” as defined in the Vienna Convention on Diplomatic Relations signed at Viennasovereign immunity, April 18, 1961, “consular premises” as defined in the Vienna Convention on Consular Relations signed in 1963, also apply to and military property or military assets or property of the Investor.]1 1 Note to Draft: To be included for all sovereign wealth or similar investorsare binding upon AREVA NP’s permitted successors and assigns.

Waiver of Sovereign Immunity. With respect To the extent that any Party hereto has or hereafter may acquire any immunity from jurisdiction of any court or from any legal process (whether through service or notice, attachment prior to the liability judgment, attachment in aid of Subscriber to perform its obligations under this Subscription Agreement, execution or otherwise) with respect to himself or itself or its property, Subscribersuch Party: 9.1 (a) agrees that, for purposes of the doctrine of sovereign immunity, that the execution, delivery and performance by it of this Subscription Agreement constitutes constitute private and commercial acts done for private and commercial purposes; 9.2 (b) agrees that, should any proceedings be brought against it or its assets in any jurisdiction in relation to this Subscription Agreement or any transaction contemplated by this Subscription Agreement in accordance with the terms hereofhereby, Subscriber such Party is not entitled to any sovereign immunity on the basis of sovereignty in respect of its obligations under this Subscription Agreement, and no sovereign immunity from such proceedings (including, without limitation, immunity from service of process from suit, from the jurisdiction of any court, from an order or injunction of such court or the enforcement of same against its assets) shall be claimed by or on behalf of such party Party or with respect to its assets; 9.3 (c) agrees that the provisions of Section 10.1 and Section 10.8 of this Agreement concerning service of notices, including as they relate to service of legal and arbitral process, shall apply to such Party; (d) waives, in any such proceedings, to the fullest extent permitted by law, any right of sovereign immunity which that it or any of its assets now has or may acquire in the future in any jurisdiction; 9.4 subject (e) waives, to the terms and conditions hereofextent permitted by applicable law, consents generally in the defense of sovereign immunity with respect of to the enforcement of any judgment or award against it in any such proceedings to the giving of any relief or the issue of any process in any jurisdiction in connection with such proceedings (including, without limitation, pre-judgment attachment, post post-judgment attachment, the making, enforcement or execution against or in respect of any assets whatsoever irrespective of their use or intended use of any order or judgment that may be made or given in connection therewith); and 9.5 (f) specifies that, for the purposes of this provision, “assets” shall be taken as excluding “"premises of the mission” " as defined in the Vienna Convention on Diplomatic Relations signed at Vienna, April 18, 1961, “consular premises” as defined in the Vienna Convention on Consular Relations signed in 1963, and military property or military assets or property of the Investor.]1 1 Note to Draft: To be included for all sovereign wealth or similar investorssuch Party.

Waiver of Sovereign Immunity. With respect to the liability of Subscriber to perform its obligations under this Subscription Agreement, with respect to itself or its property, Subscriber: 9.1 (a) Purchaser irrevocably agrees that, for purposes to the extent that it has or hereafter may acquire any right of immunity against Sellers or their respective successors and assigns, whether characterized as sovereign immunity or otherwise, from any legal proceedings, whether in the courts of the doctrine United States of sovereign immunityAmerica, any state of the executionUnited States of America, delivery and performance by it in the courts of the Navajo Nation, in an arbitration proceeding, or elsewhere, to enforce or collect upon this Subscription Agreement constitutes private and commercial acts done for private and commercial purposes; 9.2 agrees that, should any proceedings be brought against it or its assets in any jurisdiction in relation to this Subscription Agreement or any transaction contemplated by this Subscription Agreement the other agreements entered into in accordance connection with the terms hereofTransactions, Subscriber is not entitled to any immunity on the basis of sovereignty in respect of its obligations under this Subscription Agreement, and no immunity from such proceedings (including, without limitation, including immunity from service of process process, immunity from suitjurisdiction or judgment of any court or tribunal, immunity from execution of judgment and immunity of any of its property from attachment prior to entry of judgment, or from attachment in aid of execution upon a judgment, Purchaser expressly, unconditionally and irrevocably waives any such immunity and consents and submits to the laws set forth in Section 11.7 and the jurisdiction set forth in Section 11.4 to resolve any dispute arising out of, under or in connection with this Agreement and/or the other agreements entered into in connection with the Transactions, and further consents to be sued to the extent, and in the manner such suit is authorized by Sections 11.4 and 11.7. (b) Purchaser hereby expressly, unconditionally and irrevocably waives any immunity described in Section 11.8(a) and any right of exhaustion of tribal remedies with respect to any suit action or other proceeding brought in the courts set forth in Section 11.4 in connection with any dispute of any kind or nature between the Parties arising out of, under, or in connection with this Agreement and/or the other agreements entered into in connection with the Transactions, and consents to the jurisdiction of the courts set forth in Section 11.4 for such purposes. Purchaser hereby waives and agrees not to assert by way of motion or as a defense or otherwise in any court, from an order or injunction such dispute (i) any claim that it is not subject to the personal jurisdiction of such courts, and (ii) that such dispute is brought in an inconvenient forum or that venue is improper. In the event that the court or the enforcement of same against its assetsset forth in Section 11.4 determines that it does not have jurisdiction over such matters brought before it, Purchaser hereby expressly, unconditionally and irrevocably waives any immunity described in Section 11.8(a) shall be claimed by or on behalf of such party or with respect to its assets; 9.3 waivesan action or other proceeding in the courts of the State of New York located in New York County, in any such proceedings, and consents to the fullest extent permitted by law, any right jurisdiction of immunity which it or any of its assets now has or may acquire in such courts for such purpose. (c) Purchaser shall provide the future in any jurisdiction; 9.4 subject requisite notice to the terms and conditions hereof, consents generally in respect Navajo Nation of the enforcement wavier of any judgment or award against it sovereign immunity in any this Section 11.8 upon the execution of this Agreement by all parties. The provisions of this Section 11.8 shall become effective ten days after such proceedings to notice is given. (d) Nothing in this Agreement and/or the giving of any relief or the issue of any process in any jurisdiction other agreements entered into in connection with the Transactions, and no waiver of Purchaser’s sovereign immunity pursuant to this Section 11.8 shall be construed as a waiver of the sovereign immunity or exhaustion of tribal remedies by the Navajo Nation or any other instrumentality of the Navajo Nation, and no such proceedings (includingwaiver by Purchaser shall create any liability on the part of the Navajo Nation or any other instrumentality of the Navajo Nation for the debts and obligations of Purchaser, without limitation, pre-judgment attachment, post judgment attachment, or shall be construed as a consent to the making, enforcement encumbrance or execution against or in respect attachment of any assets whatsoever irrespective of their use or intended use of any order or judgment that may be made or given in connection therewith); and 9.5 specifies that, for the purposes of this provision, “assets” shall be taken as excluding “premises of the mission” as defined in the Vienna Convention on Diplomatic Relations signed at Vienna, April 18, 1961, “consular premises” as defined in the Vienna Convention on Consular Relations signed in 1963, and military property or military assets or property of the Investor.]1 1 Note to Draft: To be included for all sovereign wealth Navajo Nation or similar investorsany other instrumentality of the Navajo Nation based on any action, adjudication or other determination of liability of any nature incurred by Purchaser. The acts and omissions of Purchaser, its directors, officers, employees and agents shall not create any liability, obligation or indebtedness either of the Navajo Nation or payable out of assets, revenues or income of the Navajo Nation.

Waiver of Sovereign Immunity. With respect to the contractual liability of Subscriber each of DHIG, DIC, DIC Sahir, DIC Hungary and DIC Poland to perform its respective obligations under this Subscription Agreement, with respect to itself or its property, Subscribereach of DHIG, DIC, DIC Sahir, DIC Hungary and DIC Poland: 9.1 (a) agrees that, for purposes of the doctrine of sovereign immunity, that the execution, delivery and performance by it of this Subscription Agreement constitutes constitute private and commercial acts done for private and commercial purposes; 9.2 (b) agrees that, should any proceedings be brought against it or its assets in any jurisdiction in relation to this Subscription Agreement or any transaction contemplated by this Subscription Agreement in accordance with the terms hereofAgreement, Subscriber each of DHIG GP, DHIG LP, DHIG, DIC, DIC Sahir, DIC Hungary and DIC Poland is not entitled to any immunity on the basis of sovereignty or otherwise in respect of its obligations under this Subscription Agreement, and no immunity from such proceedings (including, without limitation, immunity from service of process from suit, from the jurisdiction of any court, from an order or injunction of such court or the enforcement of same against its assets) shall be claimed by or on behalf of such party or with respect to its assets; 9.3 (c) waives, in any such proceedings, to the fullest extent permitted by law, any right of immunity which it or any of its assets now has or may acquire in the future in any jurisdiction; 9.4 subject to the terms and conditions hereof, (d) consents generally in respect of the enforcement of any judgment or award against it in any such proceedings to the giving of any relief or the issue of any process in any jurisdiction in connection with such proceedings (including, without limitation, pre-judgment attachment, post judgment attachment, the making, enforcement or execution against or in respect of any assets whatsoever irrespective of their use or intended use of any order or judgment that may be made or given in connection therewith); and 9.5 (e) specifies that, for the purposes of this provision, “assets” assets shall be taken as excluding “premises of the mission” as defined in the Vienna Convention on Diplomatic Relations signed at Vienna, April 18, 1961, “consular premises” as defined in the Vienna Convention on Consular Relations signed in 1963, and military property or military assets or property of the Investor.]1 1 Note to Draft: To be included for all sovereign wealth or similar investorsDIC, DIC Sahir, DIC Hungary and DIC Poland.

Waiver of Sovereign Immunity. With respect to the contractual liability of Subscriber the Investor to perform its obligations under this Subscription Agreement, with respect to itself or its property, Subscriberproperty the Investor: 9.1 (a) agrees that, for purposes of the doctrine of sovereign immunity, that the execution, delivery and performance by it of this Subscription Agreement constitutes constitute private and commercial acts done for private and commercial purposes; 9.2 (b) agrees that, should any proceedings be brought against it or its assets in any jurisdiction in relation to this Subscription Agreement or any transaction contemplated by this Subscription Agreement in accordance with Agreement, the terms hereof, Subscriber Investor is not entitled to any immunity on the basis of or sovereignty or otherwise in respect of its obligations under this Subscription Agreement, and no immunity from such proceedings (including, without limitation, immunity from service of process from suit, from the jurisdiction of any court, from an order or injunction of such court or the enforcement of same against its assets) shall be claimed by or on behalf of such party or with respect to its assets; 9.3 (c) waives, in any such proceedings, to the fullest extent extend permitted by law, any right of immunity which it or any of its assets now has or may acquire in the future in any jurisdiction; 9.4 subject to the terms and conditions hereof, (d) consents generally in respect of the enforcement of any judgment or award against it in any such proceedings to the giving of any relief or the issue of any process in any jurisdiction in connection with such proceedings (including, without limitation, pre-judgment attachment, post judgment attachment, the making, enforcement or execution against or in respect of any assets whatsoever irrespective of their use or intended use of any order or judgment that may be made or given in connection therewith); and 9.5 (e) specifies that, for the purposes of this provision, “assets” shall be taken as excluding “premises of the mission” as defined in the Vienna Convention on Diplomatic Relations signed at Vienna, April 18, 1961, “consular premises” as defined in the Vienna Convention on Consular Relations signed in 1963, and military property or military assets or property of the Investor.]1 1 Note to Draft: To be included for all sovereign wealth or similar investorsInvestor.

Waiver of Sovereign Immunity. 12.5.1. With respect to the liability of Subscriber each Equity Investor to perform its obligations under this Subscription Agreement, with respect to itself or its property, Subscribereach Equity Investor: 9.1 12.5.1.1. agrees that, for purposes of the doctrine of sovereign immunity, the execution, delivery and performance by it of this Subscription Agreement constitutes private and commercial acts done for private and commercial purposes; 9.2 12.5.1.2. agrees that, should any proceedings be brought against it or its assets in any jurisdiction in relation to this Subscription Agreement or any transaction contemplated by this Subscription Agreement in accordance with the terms hereof, Subscriber the Equity Investor is not entitled to any immunity on the basis of sovereignty in respect of its obligations under this Subscription Agreement, and no immunity from such proceedings (including, without limitation, immunity from service of process from suit, from the jurisdiction of any court, from an order or injunction of such court or the enforcement of same against its assets) shall be claimed by or on behalf of such party or with respect to its assets; 9.3 12.5.1.3. waives, in any such proceedings, to the fullest extent permitted by law, any right of immunity which it or any of its assets now has or may acquire in the future in any jurisdiction; 9.4 12.5.1.4. subject to the terms and conditions hereof, consents generally in respect of the enforcement of any judgment or award against it in any such proceedings to the giving of any relief or the issue of any process in any jurisdiction in connection with such proceedings (including, without limitation, pre-judgment attachment, post judgment attachment, the making, enforcement or execution against or in respect of any assets whatsoever irrespective of their use or intended use of any order or judgment that may be made or given in connection therewith); and 9.5 12.5.1.5. specifies that, for the purposes of this provision, “assets” shall be taken as excluding “premises of the mission” as defined in the Vienna Convention on Diplomatic Relations signed at Vienna, April 18, 1961, “consular premises” as defined in the Vienna Convention on Consular Relations signed in 1963, and military property or military assets or property of the Investor.]1 1 Note to Draft: To be included for all sovereign wealth or similar investorsEquity Investor.