Common use of Export Approvals Clause in Contracts

Export Approvals. 16.1. The Supplier must comply with all applicable legislation, regulations and government requirements, including all applicable export, import and sanctions laws, regulations, orders, and authorisations, as they may be amended from time to time, applicable to the export (including re-export) or import of goods, software, technology, technical data or services, including without limitation the U.S. Export Administration Regulations (EAR), U.S. International Traffic in Arms Regulations (ITAR) and applicable Australian legislation. This includes without limitation obtaining all necessary export licences, permits or other authorities from the country of origin and marking technical data in accordance with the applicable requirements. It also includes completing any documentation as required by Insitu Pacific for the purposes of complying with trade control requirements. In the event that the applicable trade control approval or approvals cannot be obtained, whether in whole or in part, Insitu Pacific shall be entitled to terminate this Agreement at no cost to Insitu Pacific. If technical data is not clearly marked in accordance with the provisions of applicable requirements Insitu Pacific may, at the Supplier’s cost, return the relevant data to the Supplier for the appropriate marking. In the event that such data is returned to the Supplier or Insitu Pacific is held to be in breach of any export approval, caveat or condition, any delays or actions, claims, proceedings, demands, liabilities, losses, damages, expenses or costs incurred by Insitu Pacific as a result will be the subject of the indemnity referred to in clause 12.

Export Approvals. 16.117.1. The Supplier must comply with all applicable legislation, regulations and government requirements, including all applicable export, import and sanctions laws, regulations, orders, and authorisations, as they may be amended from time to time, applicable to the export (including re-export) or import of goods, software, technology, technical data or services, including without limitation the U.S. Export Administration Regulations (EAR), U.S. International Traffic in Arms Regulations (ITAR) and applicable Australian legislation. This includes without limitation obtaining all necessary export licences, permits or other authorities from the country of origin and marking technical data in accordance with the applicable requirements. It also includes completing any documentation as required by Insitu Pacific for the purposes of complying with trade control requirements. In the event that the applicable trade control approval or approvals cannot be obtained, whether in whole or in part, Insitu Pacific shall be entitled to terminate this Agreement at no cost to Insitu Pacific. If technical data is not clearly marked in accordance with the provisions of applicable requirements Insitu Pacific may, at the Supplier’s cost, return the relevant data to the Supplier for the appropriate marking. In the event that such data is returned to the Supplier or Insitu Pacific is held to be in breach of any export approval, caveat or condition, any delays or actions, claims, proceedings, demands, liabilities, losses, damages, expenses or costs incurred by Insitu Pacific as a result will be the subject of the indemnity referred to in clause 1213.