Compliance with Export Controls Laws. Parties shall comply with all applicable U.S.A. export and re-export control Laws, including the Export Administration Regulations (“EAR”) maintained by the U.S.A. Department of Commerce. EmTech shall not directly or indirectly export, re-export, transfer, divert, or otherwise dispose of any EmTech-Furnished Items (including products derived from, based on, or otherwise incorporating a EmTech-Furnished Item) to any destination or Person prohibited by the Laws of the U.S.A., without obtaining prior authorization from the competent Government Body authorities as required by those Laws. To the extent applicable to Services and Deliverables, Provider shall provide EmTech with (1) the applicable Export Control Classification Number (“ECCN”) for Services and Deliverables that include software, hardware, technical data, goods, or services that are controlled by the EAR, including the ECCN of components incorporated in a Deliverable if the ECCN of that component differs from the ECCN of the Deliverable in which it is incorporated, (2) the applicable U.S.A. Census Bureau Schedule B Commodity Code for each item, (4) the applicable Harmonized Tariff Schedule (HTS) Code for each item, (3) the country of origin of each item, and (5) any analogous classification under any other applicable Law for each item.
Compliance with Export Controls Laws. The export and re-export of the Pegasystems Software and Technology is subject to the export control and sanctions laws, regulations, and orders of the United States, including but not limited to the Export Administration Regulations (“EAR”), International Traffic in Arms Regulations (“ITAR”), and regulations and orders administered by the Treasury Department’s Office of Foreign Assets Control (“OFAC”) (collectively, “Export Control Laws”). Client agrees that it will not export, reexport, transfer, or allow access to the Pegasystems Software and Technology: (a) to or by parties on lists of sanctioned or restricted parties maintained by the U.S. government, including but not limited to OFAC, the U.S. Department of Commerce, or the U.S. Department of State; (b) to or by parties in or relating to certain countries or territories that are the target of U.S. sanctions (currently, Cuba, Iran, Syria, North Korea, and the Crimea region of Ukraine); or (c) otherwise in violation of Export Control Laws. The export and re-export of the Pegasystems Software and Technology may also be subject to export and import controls under the laws and regulations of other countries. Client agrees, at all times, to comply fully with the Export Control Laws and the local export and import controls of other countries.
Compliance with Export Controls Laws. Each Group Company has, in all material respects, conducted all export transactions in accordance with applicable Export Controls Laws. Without limiting the foregoing: (A) the Group Companies obtained all export licenses and other approvals, timely filed all required filings and has assigned the appropriate export classifications to all products, in each case as required for its exports of products, software and technologies from the U.S. and any other applicable jurisdiction, (B) the Group Companies are in compliance with the terms of all applicable export licenses, classifications, filing requirements or other approvals, (C) there are no pending or, to the Knowledge of the Company, threatened claims against any Group Company with respect to such exports, classifications, required filings or other approvals, (D) there are no pending investigations related to any Group Company’s exports, and (E) there are no actions, conditions, or circumstances pertaining to any Group Company’s export transactions, in each case of the foregoing clauses (C) through (E), except that would not reasonably be expected to give rise to any material future claims.
