A "waiver of sovereign immunity" clause is a contractual provision where a sovereign entity agrees to relinquish its legal protections against being sued, allowing it to be held accountable in a court of law, like any non-sovereign party. This clause is often used in international contracts to ensure that foreign governments or state-owned entities can be subject to legal proceedings if they breach the terms of the agreement.
Express Irrevocable Limited Waiver of Sovereign Immunity. Commission agrees that the limited waiver of sovereign immunity previously executed by the Tribe in favor of CSI (Resolution No. FM16-012-063)(the “Resolution”) shall extend to Company and to any dispute pertaining to this Agreement, and is valid, binding, enforceable and irrevocable. The Commission represents that (i) it has the authority to bind the Tribe to the limited waiver of sovereign immunity granted herein to Company, and (ii) the limited waiver of sovereign immunity granted by Resolution No. FM16-012-063 applies to Company with respect to the Business.
The foregoing limited waiver of sovereign immunity does not allow individual recovery from any appointed or elected officials, officers, or employees of the Tribe or Commission for any monetary damages whatsoever.
Licensee agrees to avail itself of such courts. Nothing herein shall be construed as a waiver of sovereign immunity.
In the event a waiver of sovereign immunity or another mechanism makes monetary relief available, the ability to demonstrate irreparable harm arising from the need to seek the compensation offered or delay in recovery become more problematic and fact dependent.
Limitations on Management Activities; Waiver of Sovereign Immunity; Dispute Resolution and Consent to Suit. Section 13.01 of the Indenture and all provisions in the Indenture relating to the Authority’s, the Tribe’s and the Guarantors’ waivers of sovereign immunity and rights to resolve disputes in tribal court, as well as all consents and agreements of the Authority, the Tribe and the Guarantors to applicable laws and jurisdictions for the resolution of disputes are hereby incorporated herein with the same force and effect as though set forth at length herein, including Section 13.09 of the Indenture.
This waiver of sovereign immunity constitutes only a limited and specific waiver for the purpose of the Indenture and this Bond and under no circumstances shall it be interpreted as a general waiver by the Republic and Bank Indonesia or a waiver with respect to proceedings unrelated to the Indenture or this Bond.
Sovereign Immunity: Licensee accepts that nothing in this Agreement shall constitute a waiver of sovereign immunity by parties that are state agencies.
Waiver of Sovereign Immunity. Any Party that now or later has a right to claim sovereign immunity for itself or any of its assets hereby waives any such immunity to the fullest extent permitted by the laws of any applicable jurisdiction. This waiver includes immunity from: A. any expert determination, mediation, or arbitration proceeding commenced under this Agreement; B. any judicial, administrative or other proceedings to aid the expert determination, mediation, or arbitration commenced under this Agreement; and C. any effort to confirm, enforce, or execute any decision, settlement, award, judgment, service of process, execution order or attachment (including pre-judgment attachment) that results from an expert determination, mediation, arbitration or any judicial or administrative proceedings commenced under this Agreement. For the purposes of this waiver only, each Party acknowledges that its rights and obligations under this Agreement are of a commercial and not a governmental nature.
Waiver of Sovereign Immunity. To the extent that Guarantor may be entitled in any state or jurisdiction to claim or benefit from any immunity (whether characterized as state immunity, sovereign immunity, act of state or otherwise) now or hereafter for itself or any of its property or assets (which it now has or may hereafter acquire) in respect of its obligations under this Guaranty from service of process or other documents relating to proceedings, jurisdiction, suit, judgement, execution, attachment (whether before awarded or judgement, in aid or execution or otherwise) or legal process or to the extent that in any such jurisdiction there may be attributed to it or any of its property or assets such immunity (whether or not claimed), the Guarantor expressly, unconditionally and irrevocably agrees not to claim, invoke or permit to be invoked on it or its property or assets’ behalf or for it or its property or assets’ benefit and hereby expressly, unconditionally and irrevocably waives such immunity to the fullest extent permitted by the laws of such jurisdiction.
WAIVER OF SOVEREIGN IMMUNITY. To the extent that any of the Borrower, Servicer or Equity holder may be entitled, in any jurisdiction in which judicial proceedings may at any time be commenced with respect to this Agreement or any other Facility Document, to claim for itself or its revenues, assets or properties any immunity from suit, the jurisdiction of any court, attachment prior to judgment, attachment in aid of execution of a judgment, set-off, execution of a judgment or any other legal process, and to the extent that in any such jurisdiction there may be attributed such immunity (whether or not claimed), each of the Borrower, the Servicer and the Equity holder irrevocably agrees not to claim and hereby irrevocably waives such immunity to the fullest extent permitted by the laws of such jurisdiction and hereby agrees that the foregoing waiver shall be enforced to the fullest extent permitted under the Foreign Sovereign Immunities Act of 1976 of the United States of America, as amended, and is intended to be irrevocable for the purpose of such act.
Sovereign Immunity. Pursuant to Wyo. Stat. § 1-39-104(a), the State of Wyoming and the WEA expressly reserve sovereign immunity by entering into this Agreement and specifically retain all immunities and defenses available to them as sovereigns. The Parties acknowledge that the State of Wyoming and WEA have sovereign immunity. Designations of venue, choice of law, enforcement actions, and similar provisions shall not be construed as a waiver of sovereign immunity. The Parties agree that any ambiguity in this Agreement shall not be strictly construed, either against or for any Party, except that any ambiguity as to sovereign immunity shall be construed in favor of sovereign immunity.
Limited Waiver of Sovereign Immunity. The Employer hereby waives its sovereign immunity from arbitration for claims by the Executive for the enforcement of this Agreement and any remedies for breach thereof, and waives its sovereign immunity from suit to enforce or set aside an arbitration award. Nothing herein shall limit the Executive’s right to proceed with any claims otherwise allowed under the laws of the Tribe. The Employer hereby consents to personal jurisdiction and venue in any court of the State of Connecticut, any federal court sitting in the State of Connecticut, and the Mohegan Gaming Disputes Court for the purposes set forth herein, and hereby waives any claim that it may have that such court is an inconvenient forum for the purposes of any proceeding arising under this Agreement as aforesaid and, with respect to a proceeding in a court of the State of Connecticut or a federal court sitting in the State of Connecticut, any requirement that tribal remedies be exhausted.
Waiver of sovereign immunity refers to the relinquishment of the inherent legal protection that prevents states or sovereign entities from being sued without their consent. Historically, sovereign immunity shields governments from being held accountable through legal proceedings, based on the principle that “the sovereign can do no wrong.” By waiving this immunity, a state consents to be sued or to participate in a lawsuit, typically in agreed-upon matters and jurisdictions.
A waiver of sovereign immunity should be used when entering into contracts or agreements involving sovereign entities, and there is a necessity or desire for enforceability in legal disputes. It is crucial in:
Writing a waiver of sovereign immunity clause should involve careful legal drafting to clearly express intent and scope. Here is a simplified example structure:
Waiver of Sovereign Immunity Clause
The [State/Entity] hereby unconditionally and irrevocably waives its sovereign immunity and agrees to submit to the jurisdiction of the courts of [jurisdiction] in respect of any legal action arising out of or associated with this Agreement. This waiver includes immunity from legal proceedings, immunity from jurisdiction, and immunity from execution against its property.
Legal professionals typically handle the drafting, considering the laws of relevant jurisdictions and specific case scenarios.
Contracts that typically contain a waiver of sovereign immunity include:
Each of these contract types may incorporate a waiver to ensure enforceable rights and remedies in case of disputes with sovereign states.
Try our AI contract analysis and extract important clauses and information from existing contracts.
< <
Dive deeper into the world of clauses and learn more about these other clauses that are used in real contracts.
A waiver of subrogation is a contractual provision whereby one party agrees to relinquish their right to seek compensation from a third party for losses covered by insurance. This clause is often used to prevent insurers from pursuing subrogation claims against other parties involved in the contract, promoting a smoother resolution of potential disputes.
A waiver clause specifies that a party's failure or delay in enforcing a contractual right or provision does not constitute a relinquishment of that right or prevent them from enforcing it in the future. This provision ensures that rights remain intact even if they are not immediately exercised.
A warranty disclaimer is a contractual provision that denies or limits any guarantees provided by the seller regarding the quality, condition, or performance of a product or service. This clause aims to protect the seller from liability and assure the buyer that any use of the product is at their own risk, often requiring the buyer to acknowledge this understanding.
Fill out the form and we will get in touch with you to give you a personal, customized demo of fynk.
Greetings!
I'm Markus, co-founder of fynk. After you've submitted the form, I'll swiftly get in touch with you.
Also, right after you submit your details, you can pick a time that works best for you for our meeting.
