Daily Nation (Kenya) - - NATIONAL NEWS -

Nei­ther the Bor­rower nor any of its as­sets is en­ti­tled to any right of im­mu­nity on the grounds of sovereignty or oth­er­wise from ar­bi­tra­tion, suit, ex­e­cu­tion, or any other le­gal process with re­spect to its obli­ga­tions un­der this Agree­ment, as case may be, in any ju­ris­dic­tion.

Clause 8.4

This Agree­ment as well as the rights and obli­ga­tions of the par­ties here­un­der shall be gov­erned by and con­strued in ac­cor­dance with the laws of China

Clause 8.5

Any dis­pute aris­ing out of or in con­nec­tion with this Agree­ment shall be re­solved through friendly con­sul­ta­tion. If no set­tle­ment can be reached through a friendly con­sul­ta­tion within 30 days af­ter one party re­ceiv­ing the writ­ten no­tice con­cern­ing the dis­pute from the other party, each party shall have the right to sub­mit such dis­pute to China In­ter­na­tional Eco­nomic and Trade Ar­bi­tra­tion Com­mis­sion (CIETAC) for ar­bi­tra­tion.

The ar­bi­tra­tion shall be car­ried out in ac­cor­dance with CIETAC’S ar­bi­tra­tion rules ef­fec­tive as of the date of sub­mis­sion. 15.4 Waiver

The Bor­rower ir­re­vo­ca­bly and un­con­di­tion­ally waives any ob­jec­tion which it may now have or hereafter have to the choice of CIETAC to re­solve any dis­pute aris­ing out of or re­lat­ing to this Agree­ment. The Bor­rower also agrees that the ar­bi­tral award against it made by such ar­bi­tral tri­bunal shall be fi­nal and con­clu­sive and may be en­forced in other ju­ris­dic­tion and that a cer­ti­fied or oth­er­wise duly au­then­ti­cated copy of the award shall be con­clu­sive ev­i­dence of the fact and amount of its in­debt­ed­ness.

17.7 Con­fi­den­tial­ity

The Bor­rower shall keep all the terms and con­di­tions here­un­der on in con­nec­tions with this Agree­ment strictly con­fi­den­tial. With­out the prior writ­ten con­sent of the Lender , the Bor­rower shall not dis­close any in­for­ma­tion here­un­der or in con­nec­tion with this Agree­ment to any third party un­less re­quired by ap­pli­ca­ble law

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