Export Approval Clause Samples
Export Approval. The parties recognize that PSI's ability to export its technology to SMOJ is a fundamental basis for this Agreement. PSI has a mass market exemption from United States government export restrictions for all elements of the ZipLock ESD System, with the exception of the ZipLock Builder. The ZipLock Builder is subject to United States government export restrictions. Export approval is required on a customer by customer basis, for a specific use. Approval is based on an applicant's agreement to responsible use and control of the encryption technology, and limits the use of the technology to ESD, the sale and distribution of other digital goods, and related information (such as manuals, guides, CD's, etc.). To date, PSI has received export approval from the United States government for the ZipLock Builder for every applicant. PSI shall use commercially reasonable efforts to obtain such export approval from United States government for the ZipLock CONFIDENTIAL TREATMENT REQUESTED [*] PORTIONS REDACTED FROM ▇▇▇▇▇ VERSION Builder and/or other ZipLock ESD System and any New Product, if necessary, for SMOJ, its Distributors and its End Users in accordance with the requests made by SMOJ from time to time at PSI's cost and responsibility. SMOJ agrees to reasonably cooperate with PSI in obtaining such approvals and to bear a portion of the costs and application fees actually paid by PSI, provided, however, that in no event shall the portion of the application fees which SMOJ bears exceed $[495] for each application. The parties will cooperate with each other in ----- obtaining export licenses for the ZipLock Builder and/or other ZipLock ESD System and any New Product, if necessary, for SMOJ, its Distributors and its End Users, as appropriate. While PSI does not anticipate any undue difficulty in obtaining export approval for the ZipLock Builder and/or other ZipLock ESD System and any New Product, if applicable, for SMOJ, its Distributors or its End Users, the parties recognize that United States government policies and laws are subject to change. If the United States export laws on this matter do change, the parties agree to work together to meet the new export requirements.
Export Approval an export licence, agreement, approval or other documented authority (however described) relating to export, required from the relevant authority in the country of origin and necessary for the provision of the Deliverables or any other item provided under this contract. the ‘Final Report’ listed as a Deliverable in item 18 of the CPS. the A New Tax System (Goods and Services Tax) Act 1999 (Cth). means information and communications technology. any injury, disease or illness. IP in respect of the Technology or a Contract Deliverable or any other item which is created under this contract or a Key Subcontract. being in liquidation or provisional liquidation or under administration; having a controller (as defined in the Corporations Act 2001 (Cth)), a receiver as defined in the Receiverships Act 1993 (NZ) or analogous person appointed to it or any of its property; being taken under section 459F(1) of the Corporations Act 2001 (Cth) to have failed to comply with a statutory demand; being unable to pay its debts (or presumed to be unable to pay its debts under the Companies Act 1993 (NZ); being or presumed to be insolvent, dead, bankrupt, ceasing to be of full legal capacity or otherwise becoming incapable of managing its own affairs for any reason; taking any step that could result in the person becoming an insolvent under administration (as defined in section 9 of the Corporations Act 2001 (Cth)); being declared at risk pursuant to the Corporations (Investigation and Management) Act 1989 (NZ); having a statutory manager appointed or a recommendation for such an appointment to be made; entering into a compromise or arrangement with, or assignment for the benefit of, any of its members or creditors; or any analogous event under the laws of any jurisdiction. Intellectual Property or IP all copyright and all rights in relation to inventions (including patent rights), registered and unregistered trademarks (including service marks), registered and unregistered designs, and circuit layouts, and any other rights resulting from intellectual activity in the industrial, scientific, literacy and artistic fields recognised in domestic law anywhere in the world. means
Export Approval. 19.1. The parties acknowledge that:
a. the information to be exchanged or the goods and services to be delivered under this Agreement, or portions thereof, may be subject to the provisions of the Canadian Export and Import Permits Act (CEIPA), the Canadian Controlled Goods Registration Program (CGRP) and/or to the U.S. International Traffic in Arms Regulations (ITAR) and Export Administration Regulations (EAR);
b. these laws and regulations impose restrictions on export and transfer to third countries of certain categories of data and articles;
c. licenses and/or registrations from the relevant government departments may be required before such articles and data can be provided hereunder; and
d. such licenses may impose further restrictions on use of such articles and data.
19.2. The exporting party shall be responsible for obtaining any export approvals, registrations permits or licenses, including technical assistance agreements, required from any governmental authority by the exporting party, or any of its subcontractors or suppliers, to be in compliance with any applicable export control laws.
19.3. The importing party shall, at no cost to the other party, provide information and/or certificates as reasonably required by the exporting party to enable it to comply with export control laws and regulations.
19.4. The importing party shall be solely responsible for obtaining any import approvals, registrations, permits or licenses required from any governmental authority by the importing party to be in compliance with any applicable import control laws.
19.5. The exporting party shall, at no cost to the other party, provide information and/or certificates as reasonably required by the importing party to enable it to comply with import control laws and regulations.
19.6. Notwithstanding any limitations of liability specified in this Agreement, the exporting party shall be responsible for any and all costs or delays resulting from failure to obtain any necessary export approvals, registrations, permits or licenses.
Export Approval. 15.1 The Tenderer shall indicate clearly whether there is any requirement for the Employer to furnish end-user certificates or statements. The Tenderer shall also indicate clearly in his tender if there is a need for the Employer to enter into separate agreement(s) with the Tenderer to satisfy export requirements of the Tenderer's or any foreign government.