Common use of Checks for Goods and Services Clause in Contracts

Checks for Goods and Services. Prior to any transaction by Customer concerning goods (including hardware, documentation and technology) delivered by Siemens, or services (including maintenance and technical support) performed by Siemens to a third party, Customer shall check and certify by appropriate measures that (i) the Customer's use, transfer, or distribution of such goods and services, the brokering of contracts or the provision of other economic resources in connection with goods and services will not be in violation of any Export Regulations, also taking into account any prohibitions to circumvent these (e.g., by undue diversion);(ii) the goods and services are not intended or provided for prohibited or unauthorized non-civilian purposes (e.g., armaments, nuclear technology, weapons, or any other usage in the field of defense and military);, (iii) Customer has screened all direct and indirect parties involved in the receipt, use, transfer, or distribution of the goods and services against all applicable restricted party lists of the Export Regulations concerning trading with entities, persons and organizations listed therein; and (iv) goods and services within the scope of items-related restrictions, as specified in the respective annexes to the Export Regulations, will not, unless permitted by the Export Regulations, be (a) exported, directly or indirectly (e.g., via Eurasian Economic Union (EAEU) countries), to Russia or Belarus, or (b) resold to any third party business partner that does not take a prior commitment not to export such goods and services to Russia or Belarus.

Appears in 4 contracts

Samples: Common Core Terms, Common Core Terms, Common Core Terms

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Checks for Goods and Services. Prior to any transaction by Customer concerning goods (including hardwareHardware, documentation Documentation and technology) delivered by Siemens, or services (including Professional Services, maintenance and technical support) performed by Siemens Sie- mens to a third party, Customer shall check and certify by appropriate measures that (i) the Customer's ’s use, transfer, or distribution of such goods and services, the brokering of contracts or the provision of other economic resources in connection with goods and services will not be in violation of any Export Regulations, also taking into account any prohibitions to circumvent these (e.g., by undue diversion);(iidiversion); (ii) the goods and services are not intended or provided for for, prohibited or unauthorized non-civilian purposes (e.g., armamentse.g. arma- ments, nuclear technology, weapons, or any other usage in the field of defense and military);, ; (iii) Customer has screened all direct and indirect parties involved in the receipt, use, transfer, or distribution of the goods and services against all applicable restricted party lists of the Export Regulations concerning trading with entities, persons and organizations listed therein; and (iv) goods and services within the scope of items-related restrictions, as specified in the respective annexes to the Export Regulations, will not, unless permitted permit- xxx by the Export Regulations, be (a) exported, directly or indirectly (e.g., via Eurasian Economic Union (EAEU) countries), to Russia or Belarus, or (b) resold to any third party business partner that does not take a prior commitment not to export such goods and services to Russia or Belarus.

Appears in 2 contracts

Samples: Universal Customer Agreement, Universal Customer Agreement

Checks for Goods and Services. Prior to any transaction by Customer concerning goods (including hardwareHardware, documentation Documentation and technology) delivered by Siemens, or services (including Professional Services, maintenance and technical support) performed by Siemens to a third party, Customer shall check and certify by appropriate measures that (i) the Customer's ’s use, transfer, or distribution of such goods and services, the brokering of contracts or the provision of other economic resources in connection with goods and services will not be in violation of any Export Regulations, also taking into account any prohibitions to circumvent these (e.g., by undue diversion);(iidiversion); (ii) the goods and services are not intended or provided for for, prohibited or unauthorized non-civilian purposes (e.g., e.g. armaments, nuclear technology, weapons, or any other usage in the field of defense and military);, ; (iii) Customer has screened all direct and indirect parties involved in the receipt, use, transfer, or distribution of the goods and services against all applicable restricted party lists of the Export Regulations concerning trading with entities, persons and organizations listed therein; and (iv) goods and services within the scope of items-related restrictions, as specified in the respective annexes to the Export Regulations, will not, unless permitted by the Export Regulations, be (a) exported, directly or indirectly (e.g., via Eurasian Economic Union (EAEU) countries), to Russia or Belarus, or (b) resold to any third party business partner that does not take a prior commitment not to export such goods and services to Russia or Belarus.

Appears in 2 contracts

Samples: Universal Customer Agreement, Universal Customer Agreement

Checks for Goods and Services. Prior to any transaction by Customer concerning goods (including hardwareHardware, documentation Documentation and technology) delivered by Siemens, or services (including Professional Services, maintenance and technical support) performed by Siemens to a third party, Customer shall check and certify by appropriate measures that (i) the Customer's ’s use, transfer, or distribution of such goods and services, the brokering of contracts or the provision of other economic resources in connection with goods and services will not be in violation of any Export Regulations, also taking into account any prohibitions to circumvent these (e.g., by undue diversion);(iidiversion); (ii) the goods and services are not intended or provided for prohibited or unauthorized non-civilian purposes (e.g., e.g. armaments, nuclear technology, weapons, or any other usage in the field of defense and military);, ; (iii) Customer has screened all direct and indirect parties involved in the receipt, use, transfer, or distribution of the goods and services against all applicable restricted party lists of the Export Regulations concerning trading with entities, persons and organizations listed therein; and (iv) goods and services within the scope of items-related restrictions, as specified in the respective annexes to the Export Regulations, will not, unless permitted by the Export Regulations, be (a) exported, directly or indirectly (e.g., via Eurasian Economic Union (EAEU) countries), to Russia or Belarus, or (b) resold to any third party business partner that does not take a prior commitment not to export such goods and services to Russia or Belarus.

Appears in 1 contract

Samples: Universal Customer Agreement

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Checks for Goods and Services. Prior to any transaction by Customer concerning goods (including hardwareHardware, documentation Documentation and technology) delivered by SiemensInnomotics, or services (including Professional Services, maintenance and technical support) performed by Siemens Innomotics to a third party, Customer shall check and certify by appropriate measures that (i) the Customer's ’s use, transfer, or distribution of such goods and services, the brokering of contracts or the provision of other economic resources in connection with goods and services will not be in violation of any Export Regulations, also taking into account any prohibitions to circumvent these (e.g., by undue diversion);(iidiversion); (ii) the goods and services are not intended or provided for for, prohibited or unauthorized non-civilian purposes (e.g., e.g. armaments, nuclear technology, weapons, or any other usage in the field of defense and military);, ; (iii) Customer has screened all direct and indirect parties involved in the receipt, use, transfer, or distribution of the goods and services against all applicable restricted party lists of the Export Regulations concerning trading with entities, persons and organizations listed therein; and (iv) goods and services within the scope of items-related restrictions, as specified in the respective annexes to the Export Regulations, will not, unless permitted by the Export Regulations, be (a) exported, directly or indirectly (e.g., via Eurasian Economic Union (EAEU) countries), to Russia or Belarus, or (b) resold to any third party business partner that does not take a prior commitment not to export such goods and services to Russia or Belarus.

Appears in 1 contract

Samples: Universal Customer Agreement

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