WAIVER OF SOVEREIGN Sample Clauses

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 ...
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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:
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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.
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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.
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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
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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...
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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.
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Related to WAIVER OF SOVEREIGN

  • Waiver of Sovereign Immunity Each Loan Party that is incorporated outside the United States, in respect of itself, its Subsidiaries, its process agents, and its properties and revenues, hereby irrevocably agrees that, to the extent that such Loan Party or its respective Subsidiaries or any of its or its respective Subsidiaries’ properties has or may hereafter acquire any right of immunity, whether characterized as sovereign immunity or otherwise, from any legal proceedings, whether in the United States or elsewhere, to enforce or collect upon the Loans or any Loan Document or any other liability or obligation of such Loan Party or any of their respective Subsidiaries related to or arising from the transactions contemplated by any of the Loan Documents, including, without limitation, immunity from suit, immunity from service of process, immunity from jurisdiction or judgment of any court or tribunal, immunity from execution of a judgment, and immunity of any of its property from attachment prior to any entry of judgment, or from attachment in aid of execution upon a judgment, such Loan Party, for itself and on behalf of its Subsidiaries, hereby expressly waives, to the fullest extent permissible under applicable law, any such immunity, and agrees not to assert any such right or claim in any such proceeding, whether in the United States or elsewhere. Without limiting the generality of the foregoing, each Loan Party further agrees that the waivers set forth in this Section 10.25 shall have the fullest extent permitted under the Foreign Sovereign Immunities Act of 1976 of the United States and are intended to be irrevocable for purposes of such Act.

  • Waiver of Immunity To the extent that the Company may be entitled in any jurisdiction in which judicial proceedings may at any time be commenced hereunder, to claim for itself or its revenues or assets any immunity, including sovereign immunity, from suit, jurisdiction, attachment in aid of execution of a judgment or prior to a judgment, execution of a judgment or any other legal process with respect to its obligations hereunder and to the extent that in any such jurisdiction there may be attributed to the Company such an immunity (whether or not claimed), the Company hereby irrevocably agrees not to claim and irrevocably waives such immunity to the maximum extent permitted by law.

  • Waiver of Statutes Lessor and Lessee agree that the terms of this Lease shall govern the effect of any damage to or destruction of the Premises and the Building with respect to the termination of this Lease and hereby waive the provisions of any present or future statute to the extent it is inconsistent herewith.

  • Waiver of Set Off Each of the parties hereto hereby waives any right of setoff it may have or to which it may be entitled under this Agreement from time to time against the Administrative Agent, the Lenders, the Lender Agents or their respective assets.

  • Waiver of Suretyship Defenses The Guarantor agrees that the Credit Parties may, at any time and from time to time, and without notice to the Guarantor, make any agreement with the Borrower or with any other person or entity liable on any of the Guaranteed Obligations, for the extension, renewal, payment, compromise, discharge, or release of the Guaranteed Obligations, or for any modification or amendment of the terms thereof or of any instrument or agreement evidencing the Guaranteed Obligations, all without in any way impairing, releasing, discharging, or otherwise affecting the obligations of the Guarantor under this Guaranty. The Guarantor waives any defense arising by reason of any disability or other defense of the Borrower or any other guarantor, or the cessation from any cause whatsoever of the liability of the Borrower, or any claim that the Guarantor’s obligations exceed or are more burdensome than those of the Borrower and waives the benefit of any statute of limitations affecting the liability of the Guarantor hereunder. The Guarantor waives any right to enforce any remedy which the Guarantor now has or may hereafter have against the Borrower and waives any benefit of and any right to participate in any security now or hereafter held by the Administrative Agent for the benefit of the Credit Parties. Further, the Guarantor consents to the taking of, or failure to take, any action which might in any manner or to any extent vary the risks of the Guarantor under this Guaranty or which, but for this provision, might operate as a discharge of the Guarantor.

  • WAIVER OF AGREEMENT No term or provision of this Agreement may be waived or modified unless done so in writing and signed by the party against whom such waiver or modification is sought to be enforced. Either party’s failure to insist at any time on strict compliance with this Agreement or with any of the terms under this Agreement or any continued course of such conduct on its part will in no event constitute or be considered a waiver by such party of any of its rights or privileges. ENFORCEABILITY If any portion of this Agreement shall be held or made invalid by a court decision, statute, rule or otherwise, the remainder of the Agreement shall not be affected thereby.

  • Waiver of Rights No right conferred on either party under this Contract shall be deemed waived, and no breach of this Contract excused, unless such waiver is in writing and signed by the party claimed to have waived such right. Neither the State’s review, approval or acceptance of, nor payment for, the services required under this Contract shall be construed to operate as a waiver of any rights under this Contract or of any cause of action arising out of the performance of this Contract, and the Contractor shall be and remain liable to the State in accordance with applicable law for all damages to the State caused by the Contractor’s negligent performance of any of the services furnished under this Contract.

  • WAIVER OF SPECIAL DAMAGES THE BORROWER WAIVES, TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW, ANY RIGHT THE UNDERSIGNED MAY HAVE TO CLAIM OR RECOVER FROM THE BANK IN ANY LEGAL ACTION OR PROCEEDING ANY SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES.

  • Waiver of Stay Each Pledgor covenants that in the event that such Pledgor or any property or assets of such Pledgor shall hereafter become the subject of a voluntary or involuntary proceeding under the Bankruptcy Code or such Pledgor shall otherwise be a party to any federal or state bankruptcy, insolvency, moratorium or similar proceeding to which the provisions relating to the automatic stay under Section 362 of the Bankruptcy Code or any similar provision in any such Legal Requirement is applicable, then, in any such case, whether or not the Collateral Agent has commenced foreclosure proceedings under this Agreement, such Pledgor shall not, and each Pledgor hereby expressly waives its right to (to the extent it may lawfully do so) at any time insist upon, plead or in any whatsoever, claim or take the benefit or advantage of any such automatic stay or such similar provision as it relates to the exercise of any of the rights and remedies (including any foreclosure proceedings) available to the Collateral Agent as provided in this Agreement, in any other Security Document or any other document evidencing the Secured Obligations. Each Pledgor further covenants that it will not hinder, delay or impede the execution of any power granted herein to the Collateral Agent, but will suffer and permit the execution of every such power as though no law relating to any stay or similar provision had been enacted.

  • Waiver of Unknown Claims This Agreement is intended to be effective as a general release of and bar to each and every Claim hereinabove specified. Accordingly, Executive hereby expressly waives any rights and benefits conferred by Section 1542 of the California Civil Code and any similar provision of any other applicable state law as to the Claims. Section 1542 of the California Civil Code provides: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” Executive acknowledges that Executive later may discover claims, demands, causes of action or facts in addition to or different from those which Executive now knows or believes to exist with respect to the subject matter of this Agreement and which, if known or suspected at the time of executing this Agreement, may have materially affected its terms. Nevertheless, Executive hereby waives, as to the Claims, any claims, demands, and causes of action that might arise as a result of such different or additional claims, demands, causes of action or facts.

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