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Tabreed 06 Prospectus - London Stock Exchange

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19 Governing Law and Submission to Jurisdiction<br />

The Declaration of Trust, the Agency Agreement and the Certificates are governed by, and will be<br />

construed in accordance with, English law.<br />

The Issuer has in the Declaration of Trust irrevocably and unconditionally agreed for the benefit of<br />

the Trustee and the Certificateholders that the courts of England are to have non-exclusive<br />

jurisdiction to settle any disputes which may arise out of or in connection with the Declaration of<br />

Trust or the Certificates and that accordingly any suit, action or proceedings arising therefrom or in<br />

connection therewith (together referred to as ‘‘Proceedings’’) may be brought in the courts of<br />

England.<br />

The Issuer has in the Declaration of Trust irrevocably and unconditionally waived and agreed not to<br />

raise any objection which it may have now or subsequently to the laying of the venue of any<br />

Proceedings in the courts of England and any claim that any Proceedings have been brought in an<br />

inconvenient forum and has further irrevocably and unconditionally agreed that a judgment in any<br />

proceedings brought in the courts of England shall be conclusive and binding upon the Issuer and<br />

may be enforced in the courts of any other jurisdiction. Nothing in this Condition shall limit any<br />

right to take Proceedings against the Issuer in any other court of competent jurisdiction, nor shall the<br />

taking of Proceedings in one or more jurisdictions preclude the taking of Proceedings in any other<br />

jurisdiction, whether concurrently or not.<br />

The Issuer has in the Declaration of Trust irrevocably and unconditionally appointed an agent for<br />

service of process in England in respect of any Proceedings and has undertaken that in the event of<br />

such agent ceasing so to act it will appoint such other person as the Trustee may approve as its agent<br />

for that purpose. In the event that no such replacement agent for service of process in England has<br />

been appointed by the Issuer within 14 days, the Trustee shall have the power to appoint, on behalf<br />

of and at the expense of the Issuer, a replacement agent for service of process in England.<br />

39

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