Common use of Compliance with the Foreign Corrupt Practices Act and Export Control and Antiboycott Laws Clause in Contracts

Compliance with the Foreign Corrupt Practices Act and Export Control and Antiboycott Laws. (a) Vendor and its representatives have not, to obtain or retain business, directly or indirectly offered, paid or promised to pay, or authorized the payment of, any money or other thing of value (including any fee, gift, sample, travel expense or entertainment with a value in excess of $10,000 in the aggregate to any one individual in any year) or any commission payment in excess of 5 percent (5%) of any amount payable, to: (i) any person who is an official, officer, agent, employee or representative of any Governmental Authority or of any existing or prospective customer (whether government owned or nongovernment owned); (ii) any political party or official thereof; (iii) any candidate for political or political party office; or (iv) any other individual or entity; while knowing or having reason to believe that all or any portion of such money or thing of value would be offered, given, or promised, directly or indirectly, to any such official, officer, agent, employee, representative, political party, political party official, candidate, individual, or any entity affiliated with such customer, political party or official or political office. (b) Each transaction is properly and accurately recorded on the Books and Records of Vendor, and each document upon which entries in Vendor's Books and Records are based is complete and accurate. Vendor maintains a system of internal accounting controls designed to insure that Vendor maintains no off-the-books accounts and that Vendor's assets are used only in accordance with Vendor's management directives. (c) Vendor has at all times been in compliance with all Legal Requirements relating to export control and trade embargoes. No product sold or service provided by Vendor during the last five (5) years has been, directly or indirectly, sold to or performed on behalf of Cuba, Iraq, Iran, Libya or North Korea. (d) Vendor has not violated the antiboycott prohibitions contained in 50 U.S.C. sect. 2401 et seq. or taken any action that can be penalized under Section 999 of the Code. During the last five (5) years, Vendor has not been a party to, is not a beneficiary under and has not performed any service or sold any product under any Vendor Contract under which a product has been sold to customers in Bahrain, Iraq, Jordan, Kuwait, Lebanon, Libya, Oman, Qatar, Saudi Arabia, Sudan, Syria, United Arab Emirates or the Republic of Yemen.

Appears in 1 contract

Samples: Asset Purchase Agreement (North American Scientific Inc)

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Compliance with the Foreign Corrupt Practices Act and Export Control and Antiboycott Laws. (a) Vendor a. Seller and its representatives Representatives have not, to obtain or retain business, directly or indirectly offered, paid or promised to pay, or authorized the payment of, any money or other thing of value (including any fee, gift, sample, travel expense or entertainment with a value in excess of one hundred dollars ($10,000 100.00) in the aggregate to any one individual in any year) or any commission payment in excess of 5 percent (5%) of any amount payablepayment, to: (i) any person who is an official, officer, agent, employee or representative of any Governmental Authority Body or of any existing or prospective customer (whether government owned or nongovernment non-government owned); (ii) any political party or official thereof; (iii) any candidate for political or political party office; or (iv) any other individual or entity; while knowing or having reason to believe that all or any portion of such money or thing of value would be offered, given, or promised, directly or indirectly, to any such official, officer, agent, employee, representative, political party, political party official, candidate, individual, or any entity affiliated with such customer, political party or official or political office. (b) b. Except as set forth in Exhibit 3.24(b), Seller has made all payments to Third Parties by check mailed to such Third Parties’ principal place of business or by wire transfer to a bank located in the same jurisdiction as such party’s principal place of business. c. Each transaction is properly and accurately recorded on the Books books and Records of VendorSeller, and each document upon which entries in Vendor's Books Seller’s books and Records are based is complete and accurateaccurate in all respects. Vendor Seller maintains a system of internal accounting controls designed adequate to insure that Vendor Seller maintains no off-the-books accounts and that Vendor's Seller’s assets are used only in accordance with Vendor's Seller’s management directives. (c) Vendor d. Seller has at all times been in compliance with all Legal Requirements relating to export control and trade embargoes. No product sold or service provided by Vendor Seller during the last five (5) years has been, directly or indirectly, sold to or performed on behalf of Cuba, Iraq, Iran, Libya or North Korea. (d) Vendor e. Except as set forth in Exhibit 3.24(e), Seller has not violated the antiboycott prohibitions contained in 50 U.S.C. sect. 2401 et seq. or taken any action that can be penalized under Section 999 of the Code. During Except as set forth in Exhibit 3.24(e), during the last five (5) years, Vendor Seller has not been a party to, is not a beneficiary under and has not performed any service or sold any product under any Vendor Seller Contract under which a product has been sold to customers in Bahrain, Iraq, Jordan, Kuwait, Lebanon, Libya, Oman, Qatar, Saudi Arabia, Sudan, Syria, United Arab Emirates or the Republic of Yemen.

Appears in 1 contract

Samples: Asset Purchase Agreement (Viva International Inc)

Compliance with the Foreign Corrupt Practices Act and Export Control and Antiboycott Laws. (a) Vendor a. Seller and its representatives Representatives have not, to obtain or retain business, directly or indirectly offered, paid or promised to pay, or authorized the payment of, any money or other thing of value (including any fee, gift, sample, travel expense or entertainment with a value in excess of one hundred dollars ($10,000 100.00) in the aggregate to any one individual in any year) or any commission payment in excess of 5 percent (5%) of any amount payablepayment, to: (i) any person who is an official, officer, agent, employee or representative of any Governmental Authority Body or of any existing or prospective customer (whether government owned or nongovernment owned); (ii) any political party or official thereof; (iii) any candidate for political or political party office; or (iv) any other individual or entity; while knowing or having reason to believe that all or any portion of such money or thing of value would be offered, given, or promised, directly or indirectly, to any such official, officer, agent, employee, representative, political party, political party official, candidate, individual, or any entity affiliated with such customer, political party or official or political office. (b) b. Except as set forth in Exhibit 3.24(b), Seller has made all payments to Third Parties by check mailed to such Third Parties’ principal place of business or by wire transfer to a bank located in the same jurisdiction as such party’s principal place of business. c. Each transaction is properly and accurately recorded on the Books books and Records of VendorSeller, and each document upon which entries in Vendor's Books Seller’s books and Records are based is complete and accurateaccurate in all respects. Vendor Seller maintains a system of internal accounting controls designed adequate to insure that Vendor Seller maintains no off-the-books accounts and that Vendor's Seller’s assets are used only in accordance with Vendor's Seller’s management directives. (c) Vendor d. Seller has at all times been in compliance with all Legal Requirements relating to export control and trade embargoes. No product sold or service provided by Vendor Seller during the last five (5) years has been, directly or indirectly, sold to or performed on behalf of Cuba, Iraq, Iran, Libya or North Korea. (d) Vendor e. Except as set forth in Exhibit 3.24(e), Seller has not violated the antiboycott prohibitions contained in 50 U.S.C. sect. 2401 et seq. or taken any action that can be penalized under Section 999 of the Code. During Except as set forth in Exhibit 3.24(e), during the last five (5) years, Vendor Seller has not been a party to, is not a beneficiary under and has not performed any service or sold any product under any Vendor Seller Contract under which a product has been sold to customers in Bahrain, Iraq, Jordan, Kuwait, Lebanon, Libya, Oman, Qatar, Saudi Arabia, Sudan, Syria, United Arab Emirates or the Republic of Yemen.

Appears in 1 contract

Samples: Asset Purchase Agreement (Jordan 1 Holdings Co)

Compliance with the Foreign Corrupt Practices Act and Export Control and Antiboycott Laws. (a) Vendor Seller and its representatives Representatives have not, to obtain or retain business, directly or indirectly offered, paid or promised to pay, or authorized the payment of, any money or other thing of value (including any fee, gift, sample, travel expense or entertainment with a value in excess of one hundred dollars ($10,000 100.00) in the aggregate to any one individual in any year) or any commission payment in excess of 5 one-half percent (50.5%) of any amount payable, to: (i) any person who is an official, officer, agent, employee or representative of any Governmental Authority or of any existing or prospective customer (whether government owned or nongovernment owned); (ii) any political party or official thereof; (iii) any candidate for political or political party office; or (iv) any other individual or entity; while knowing or having reason to believe that all or any portion of such money or thing of value would be offered, given, or promised, directly or indirectly, to any such official, officer, agent, employee, representative, political party, political party official, candidate, individual, or any entity affiliated with such customer, political party or official or political office. (b) Except as set forth on Schedule 5.24, Seller has made all payments to Third Parties by check mailed to such Third Parties' principal place of business or by wire transfer to a bank located in the same jurisdiction as such Third Party's principal place of business. (c) Each transaction is properly and accurately recorded on the Books books and Records of VendorSeller, and each document upon which entries in VendorSeller's Books books and Records are based is complete and accurateaccurate in all respects. Vendor Seller maintains a system of internal accounting controls designed adequate to insure that Vendor Seller maintains no off-the-books accounts and that VendorSeller's assets are used only in accordance with VendorSeller's management directives. (cd) Vendor Seller has at all times been in compliance with all Legal Requirements Laws relating to export control and trade embargoes. No product sold or service provided by Vendor Seller during the last five (5) years has been, directly or indirectly, sold to or performed on behalf of Cuba, Iraq, Iran, Libya or North Korea. (de) Vendor Except as set forth on Schedule 5.24, Seller has not violated the antiboycott prohibitions contained in 50 U.S.C. sectss. 2401 et seq. or taken any action that can be penalized under Section 999 of the Code. During Except as set forth on Schedule 5.24, during the last five (5) years, Vendor Seller has not been a party to, is not a beneficiary under and has not performed any service or sold any product under any Vendor Seller Contract under which a product has been sold to customers in Bahrain, Iraq, Jordan, Kuwait, Lebanon, Libya, Oman, Qatar, Saudi Arabia, Sudan, Syria, United Arab Emirates or the Republic of Yemen.

Appears in 1 contract

Samples: Asset Purchase Agreement (Cti Molecular Imaging Inc)

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Compliance with the Foreign Corrupt Practices Act and Export Control and Antiboycott Laws. (a) Vendor Sellers, the Acquired Companies, and its representatives their Representatives have not, to obtain or retain business, directly or indirectly offered, paid or promised to pay, or authorized the payment of, any money or other thing of value (including any fee, gift, sample, travel expense or entertainment with a value in excess of one hundred dollars ($10,000 100.00) in the aggregate to any one individual in any year) or any commission payment in excess of 5 percent (5%) of any amount payablepayment, to: (i) any person who is an official, officer, agent, employee or representative of any Governmental Authority Body or of any existing or prospective customer (whether government owned or nongovernment owned); (iiA) any political party or official thereof; (iiiB) any candidate for political or political party office; or (ivC) any other individual or entity; while knowing or having reason to believe that all or any portion of such money or thing of value would be offered, given, or promised, directly or indirectly, to any such official, officer, agent, employee, representative, political party, political party official, candidate, individual, or any entity affiliated with such customer, political party or official or political office. (b) Except as set forth in Part 3.23(b), Seller has made all payments to third parties by check mailed to such Third Parties' principal place of business or by wire transfer to a bank located in the same jurisdiction as such party's principal place of business. (c) Each transaction is properly and accurately recorded on the Books books and Records of VendorSeller, and each document upon which entries in VendorSeller's Books books and Records are based is complete and accurateaccurate in all respects. Vendor Seller maintains a system of internal accounting controls designed adequate to insure that Vendor Seller maintains no off-the-books accounts and that VendorSeller's assets are used only in accordance with VendorSeller's management directives. (cd) Vendor Seller has at all times been in compliance with all Legal Requirements relating to export control and trade embargoes. No product sold or service provided by Vendor Seller during the last five (5) years has been, directly or indirectly, sold to or performed on behalf of Cuba, Iraq, Iran, Libya or North Korea. (de) Vendor Seller has not violated the antiboycott prohibitions contained in 50 U.S.C. sect. 2401 ss.2401 et seq. or taken any action that can be penalized under Section 999 of the Code. During the last five (5) years, Vendor Seller has not been a party to, is not a beneficiary under and has not performed any service or sold any product under any Vendor Seller Contract under which a product has been sold to customers in Bahrain, Iraq, Jordan, Kuwait, Lebanon, Libya, Oman, QatarQuatar, Saudi Arabia, Sudan, Syria, United Arab Emirates or the Republic of Yemen.

Appears in 1 contract

Samples: Stock Purchase Agreement (Simclar Inc)

Compliance with the Foreign Corrupt Practices Act and Export Control and Antiboycott Laws. (a) Vendor PRB and its representatives Representatives have not, to obtain or retain business, directly or indirectly offered, paid or promised to pay, or authorized the payment of, any money or other thing of value (including any fee, gift, sample, travel expense or entertainment with a value in excess of one hundred dollars ($10,000 100.00) in the aggregate to any one individual in any year) or any commission payment in excess of 5 percent (5%) of any amount payablepayment, to: (i) any person who is an official, officer, agent, employee or representative of any Governmental Authority Body or of any existing or prospective customer (whether government owned or nongovernment owned); (ii) any political party or official thereof; (iii) any candidate for political or political party office; or (iv) any other individual or entity; while knowing or having reason to believe that all or any portion of such money or thing of value would be offered, given, or promised, directly or indirectly, to any such official, officer, agent, employee, representative, political party, political party official, candidate, individual, or any entity affiliated with such customer, political party or official or political office. (b) Except as set forth in SCHEDULE 3.10(b), PRB has made all payments to Third Parties by check mailed to such Third Parties' principal place of business or by wire transfer to a bank located in the same jurisdiction as such party's principal place of business. (c) Each transaction is properly and accurately recorded on the Books books and Records of VendorPRB, and each document upon which entries in VendorPRB's Books books and Records are based is complete and accurateaccurate in all respects. Vendor PRB maintains a system of internal accounting controls designed adequate to insure that Vendor PRB maintains no off-the-books accounts and that VendorPRB's assets are used only in accordance with VendorPRB's management directives. (cd) Vendor PRB has at all times been in compliance with all Legal Requirements relating to export control and trade embargoes. No product sold or service provided by Vendor PRB during the last five (5) years has been, directly or indirectly, sold to or performed on behalf of Cuba, Iraq, Iran, Libya or North KoreaKorea in violation of any Legal Requirements. (de) Vendor Except as set forth in SCHEDULE 3.10(e), PRB has not violated the antiboycott prohibitions contained in 50 U.S.C. sect. 2401 et seq. or taken any action that can be penalized under Section 999 of the Code. During Except as set forth in Schedule 3.10(e), during the last five (5) years, Vendor PRB has not been a party to, is not a beneficiary under and has not performed any service or sold any product under any Vendor PRB Contract under which a product has been sold to customers in Bahrain, Iraq, Jordan, Kuwait, Lebanon, Libya, Oman, QatarQuatar, Saudi Arabia, Sudan, Syria, United Arab Emirates or the Republic of Yemen.

Appears in 1 contract

Samples: Pharmaceutical Product License and Distribution Agreement (Bi-Optic Ventures Inc)

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