Common use of Compliance with Export Control Regulations Clause in Contracts

Compliance with Export Control Regulations. General 17.1.1 If Customer transfers to a third party hardware and/or software and/or technology (including corresponding documentation,) delivered by Siemens (in this Clause 18 – “Goods”), or works and services (including all kinds of technical support and information) performed by Siemens (in this Clause 18 – “Services”), Customer shall comply with all applicable national and international (re- ) export control regulations. In any event of such transfer of Goods and/or Services, Customer shall comply with the (re-) export control regulations of the Federal Republic of Germany, of the European Union (“EU”), of the United States of America (”USA”) and of the jurisdiction in which the Goods and Services are made available to Customer. 17.1.2 Prior to any transfer of Goods and/or Services to a third party, Customer shall in particular check and guarantee by appropriate measures that  there will be no infringement of an embargo imposed by the EU, USA, the jurisdiction in which the Goods and Services are made available to Customer, and/or by the United Nations by such transfer, by brokering of contracts concerning Goods or Services or by provision of other economic resources in connection with Goods or Services;  such Goods and Services are not intended for use in connection with armaments, nuclear technology or weapons, if and to the extent such use is subject to prohibition or authorization, unless required authorization has been obtained;  the regulations of all applicable sanctioned party lists of the EU, USA and the jurisdiction in which the Goods and Services are made available to Customer, concerning the trading with entities, persons and organizations listed therein are considered. 17.1.3 Upon request by Siemens, Customer shall promptly provide Siemens with all information pertaining to the particular end customer, the particular destination and the particular intended use of Goods and Services, as well as any export control restrictions existing. 17.1.4 Customer shall indemnify and hold harmless Siemens from and against any claim, proceeding, action, fine, loss, cost and damages arising out of or relating to any noncompliance with export control regulations by Customer, and Customer shall compensate Siemens for all losses and expenses resulting thereof.

Appears in 2 contracts

Samples: Terms and Conditions, Terms and Conditions

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Compliance with Export Control Regulations. General 17.1.1 11.1. If Customer the Purchaser transfers to a third party Goods (hardware and/or and/ or software and/or and/ or technology (including as well as corresponding documentation,, regardless of the mode of provision) delivered by Siemens (in this Clause 18 – “Goods”), Daxtro or works and services (including all kinds of technical support and informationsupport) performed by Siemens (in this Clause 18 – “Services”), Customer Daxtro to a third party the Purchaser shall comply with all applicable national and international (re- re-) export control regulations. In any event of such transfer of Goods and/or Servicesgoods, Customer works and services the Purchaser shall comply with the (re-) export control regulations of the Federal Republic of GermanySwiss Confederation, of the European Union (“EU”), and of the United States of America (”USA”) and of the jurisdiction in which the Goods and Services are made available to CustomerAmerica. 17.1.2 11.2. Prior to any transfer of Goods and/or Services goods, works and services provided by Xxxxxx to a third party, Customer party the Purchaser shall in particular check and guarantee by appropriate measures that  that: a) there will be no infringement of an embargo imposed by the EUSwiss Confederation, USAby the European Union, by the jurisdiction in which the Goods and Services are made available to Customer, and/or United States of America and/ or by the United Nations by such transfer, by brokering of contracts concerning Goods or Services those goods, works and services or by provision of other economic resources in connection with Goods or Services;  those goods, works and services, also considering the limitations of domestic business and prohibitions of by- passing those embargo; b) such Goods goods, works and Services services are not intended for use in connection with armaments, nuclear technology or weapons, if and to the extent such use is subject to prohibition or authorization, unless required authorization has been obtained;  is provided; c) the regulations of all applicable sanctioned party lists Sanctioned Party Lists of the EUSwiss Confederation, USA and the jurisdiction in which European Union, the Goods and Services are made available to Customer, United States of America and/ or the United Nations concerning the trading with entities, persons and organizations listed therein are considered. 17.1.3 Upon 11.3. If required to enable authorities or Daxtro to conduct export control checks, the Purchaser, upon request by SiemensDaxtro, Customer shall promptly provide Siemens Daxtro with all information pertaining to the particular end customer, the particular destination and the particular intended use of Goods goods, works and Servicesservices provided by Daxtro, as well as any export control restrictions existing. 17.1.4 Customer 11.4. The Purchaser shall indemnify and hold harmless Siemens Daxtro from and against any claim, proceeding, action, fine, loss, cost and damages arising out of or relating to any noncompliance non- compliance with export control regulations by Customerthe Purchaser or third parties under the control of the Purchaser, and Customer the Purchaser shall compensate Siemens Daxtro for all losses and expenses resulting thereof.

Appears in 1 contract

Samples: General Terms and Conditions

Compliance with Export Control Regulations. General 17.1.1 1. If Customer Recipient transfers to a third party goods (hardware and/or and/ or software and/or and/ or technology (including as well as corresponding documentation,, regardless of the mode of provision) delivered by Siemens (in this Clause 18 – “Goods”), or works and services (including all kinds of technical support and informationsupport) performed by Siemens (in this Clause 18 – “Services”), Customer to a third party Recipient shall comply with all applicable national and international (re- re-) export control regulations. In any event of such transfer of Goods and/or Servicesgoods, Customer works and services Recipient shall comply with the (re-) export control regulations of the Federal Republic of Germany, of the European Union (“EU”), and of the United States of America (”USA”) and of the jurisdiction in which the Goods and Services are made available to CustomerAmerica. 17.1.2 2. Prior to any transfer of Goods and/or Services goods, works and services provided by Siemens to a third party, Customer party Recipient shall in particular check and guarantee by appropriate measures that  there : - There will be no infringement of an embargo imposed by the EUEuropean Union, USA, by the jurisdiction in which the Goods and Services are made available to Customer, and/or United States of America and/ or by the United Nations by such transfer, by brokering of contracts concerning Goods or Services those goods, works and services or by provision of other economic resources in connection with Goods or Servicesthose goods, works and services, also considering the limitations of domestic business and prohibitions of by-passing those embargos;  such Goods - Such goods, works and Services services are not intended for use in connection with armaments, nuclear technology or weapons, if and to the extent such use is subject to prohibition or authorization, unless required authorization has been obtainedis provided;  the - The regulations of all applicable sanctioned party lists Sanctioned Party Lists of the EU, USA European Union and the jurisdiction in which the Goods and Services are made available to Customer, United States of America concerning the trading with entities, persons and organizations listed therein are considered. 17.1.3 Upon 3. If required to enable authorities or Siemens to conduct export control checks, Recipient, upon request by Siemens, Customer shall promptly provide Siemens with all information pertaining to the particular end customer, the particular destination and the particular intended use of Goods goods, works and Servicesservices provided by Siemens, as well as any export control restrictions existing. 17.1.4 Customer shall indemnify and hold harmless Siemens from and against any claim, proceeding, action, fine, loss, cost and damages arising out of or relating to any noncompliance with export control regulations by Customer, and Customer shall compensate Siemens for all losses and expenses resulting thereof.

Appears in 1 contract

Samples: General Terms and Conditions

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Compliance with Export Control Regulations. General 17.1.1 10.1 If Customer Recipient transfers to a third party Goods and Services (hardware and/or and/ or software and/or and/ or technology (including as well as corresponding documentation,, regardless of the mode of provision) delivered by Siemens (in this Clause 18 – “Goods”), Weidmueller or works and services (including all kinds of technical support and informationsupport) performed by Siemens (in this Clause 18 – “Services”), Customer Xxxxxxxxxxx to a third party Recipient shall comply with all applicable national and international (re- ) export / re-export control regulations. In any event of such transfer of Goods and/or Servicesgoods, Customer works and services Recipient shall comply with the (re-) export control regulations of the Federal Republic of Germany, of the European Union (“EU”)Union, of the United States of America (”USA”) and the country of the jurisdiction in which the Goods and Services are made available to Customerresidence. 17.1.2 10.2 Prior to any transfer of Goods and/or Services goods, works and services provided by Xxxxxxxxxxx to a third party, Customer party Recipient shall in particular check and guarantee by appropriate measures that  there that: - There will be no infringement of an embargo imposed by the EUEuropean Union, USA, by the jurisdiction in which the Goods and Services are made available to Customer, and/or United States of America and/ or by the United Nations by such transfer, by brokering of contracts concerning Goods or Services those goods, works and services or by provision of other economic resources in connection with Goods or Servicesthose goods, works and services, also considering the limitations of domestic business and prohibitions of bypassing those embargos;  such Goods - Such goods, works and Services services are not intended for use in connection with armaments, nuclear technology or weapons, if and to the extent such use is subject to prohibition or authorization, unless required authorization has been obtainedis provided;  the - The regulations of all applicable sanctioned party lists Sanctioned Party Lists of the EU, USA European Union and the jurisdiction in which the Goods and Services are made available to Customer, United States of America concerning the trading with entities, persons and organizations listed therein are considered. 17.1.3 Upon 10.3 If required to enable authorities or Weidmueller to conduct export control checks, Recipient, upon request by SiemensWeidmueller, Customer shall promptly provide Siemens Weidmueller with all information pertaining to the particular end customer, the particular destination and the particular intended use of Goods goods, works and Servicesservices provided by Xxxxxxxxxxx, as well as any export control restrictions existing. 17.1.4 Customer 10.4 Recipient shall indemnify and hold harmless Siemens Weidmueller from and against any claim, proceeding, action, fine, loss, cost and damages arising out of or relating to any noncompliance with export control regulations by CustomerRecipient, and Customer Recipient shall compensate Siemens Weidmueller for all losses and expenses resulting thereof. 10.5 Weidmueller shall not be obligated to fulfil this agreement if such fulfilment is prevented by any impediments arising out of national or international foreign trade or customs requirements or any embargoes or other sanctions. It is the Recipients obligation in such cases to conclusively proof that such supply does not fall within the restrictions of the export / reexport control regulations of sender country.

Appears in 1 contract

Samples: Standard Terms and Conditions of Sale

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