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Article 8.6
The arbitral award obtained in accordance with this Article against the Borrower will be recognized and be enforceable in the
Republic of the Philippines provided that: (a) the arbitral tribunal had jurisdiction over the subject matter of the action in
accordance with the jurisdictional rules; (b) the Republic of the Philippines had notice of the proceedings; (c) the arbitral award
was not obtained through collusion or fraud, and such award was not based on a clear mistake of fact or law; and (d) the
arbitral award is not contrary to public policy in the Republic of the Philippines.
Article 8.1 Waiver of immunity. The borrower hereby irrevocably waives any immunity on the grounds of sovereignty or
otherwise for itself or its property in connection with any arbitration proceeding…or with the enforcement of any arbitral
award pursuant thereto, except any other assets of the borrower located within the territory of the Philippines to the extent
that the borrower is prohibited by the laws or public policies having force of law in the Republic of the Philippines, applicable
and in effect at the signing date of this agreement from waiving such immunity.
8.9 Confidentiality. The borrower shall keep all the terms, conditions, and the standard of fees hereunder or in connection 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 any applicable Philippine
laws, regulations, and rules, or by order of any courts, tribunals, or agencies of competent jurisdiction, or relevant regulatory
bodies.
A similar clause can also be found in the Chico River project contract.