On appointment by you, we agree to receive and accept at our registered office on your behalf service of any proceedings issued out of the Courts of England and Wales (the “Proceedings”) in respect of any matter arising out of or in connection with the Documents subject to such Proceedings.
Our appointment will only commence on receipt of both the acknowledgement letter duly signed, a copy of which is disclosed as Exhibit 1, and provided payment has previously been received. This will terminate on a date falling six (6) calendar months after the Expiry Date (as defined in the Lease Agreement) (the “Term”), and is limited to receiving and accepting on your behalf service of Proceedings and forwarding such Proceedings to the fax number, e-mail address or postal address last notified to us by you.
Save for claims for negligence you shall have no right of action against us including our employees or officers, or any agent appointed by us or any of their employees or officers.
We have the right to terminate our appointment by sending you 14 days’ prior written notice to that effect. Such notice shall be copied to the electronic mail address to be advised by the Lessor from time to time. Our appointment will automatically cease on your insolvency or on the declaration of any analogous event.
The terms of the appointment and any non-contractual obligations arising from or in connection with the appointment shall be governed by and construed in accordance with English law, and the appointing party hereby submits to the exclusive jurisdiction of the English courts in relation to any dispute which may arise out of or in connection with our appointment.
EXHIBIT 1
Appointment as agent for service of process
We acknowledge receipt of a letter dated _______________________ from CC Process Agents Limited (the “Letter”) of which the above is a true copy.
We agree to the terms of the Letter and confirm our appointment of you as our agent for receipt and acceptance of service of process as set out in the Letter. We also agree to a copy of the Letter being given to [the Lessor].
This acknowledgement and any non-contractual obligations arising from or in connection with this acknowledgement shall be governed by and construed in accordance with English law.