Common use of Export Assurance Clause in Contracts

Export Assurance. Notwithstanding anything contained herein to the contrary and regardless of any disclosure made by Customer to MPOWER of any ultimate destination of the MPOWER Software, Customer shall not export or re-export directly or indirectly the MPOWER Software acquired from MPOWER, or any technical data derived therefrom, without first obtaining the written approval or required export license to do so from the United States Department of Commerce or any other agency of the United States Government or of any foreign government having jurisdiction over such transaction, when required by an applicable statute, regulation or order. Customer hereby assures MPOWER that it does not intend to nor will it knowingly, without the prior written consent, if required, of the Office of Export Administration of the U.S. Department of Commerce, Washington, DC, transmit or ship the MPOWER Software or any modifications thereto or product thereof, directly or indirectly, to Afghanistan or to the Peoples Republic of China or to any Group Q, S, W, Y or Z country specified in Supplements to Section 370 of the Export Administration Regulations issued by the U.S. Department of Commerce, as may be amended from time to time; or any other applicable regulation. A new section 17.10 is added:

Export Assurance. Notwithstanding anything contained herein to the contrary and regardless of any disclosure made by Customer to MPOWER of any ultimate destination of the MPOWER Software, Customer shall not export or re-export directly or indirectly the MPOWER Software acquired from MPOWER, or any technical data derived therefrom, without first obtaining the written approval or required export license to do so from the United States Department of Commerce or any other agency of the United States Government or of any foreign government having jurisdiction over such transaction, when required by an applicable statute, regulation or order. Customer hereby assures MPOWER that it does not intend to nor will it knowingly, without the prior written consent, if required, of the Office of Export Administration of the U.S. Department of Commerce, Washington, DC, transmit or ship the MPOWER Software or any modifications thereto or product thereof, directly or indirectly, to Afghanistan or to the Peoples Republic of China or to any Group Q, S, W, Y or Z country specified in Supplements to Section 370 of the Export Administration Regulations issued by the U.S. Department of Commerce, as may be amended from time to time; , or any other applicable regulation. A new section 17.10 is added:.