Common use of Export Control Compliance Clause in Contracts

Export Control Compliance. 16.1 Contractor must comply (and must ensure that its officers, directors, and personnel, and the other members of Contractor Group and their respective officers, directors, and personnel shall comply) with all Applicable Laws relating to control of exports and re-exports, and to sanctions, including those of Australia and the United States. Notwithstanding anything to the contrary in this Article 16, neither Company nor Contractor shall be required to meet its obligations under the Contract in a way that violates Applicable Laws. 16.2 Contractor shall be responsible for obtaining any authorizations or licenses required under applicable export control regimes in connection with performance of the Contract, including licenses required for the transfer of any regulated technology to nationals of certain countries. Contractor shall, always in good time: (i) identify in writing to Company those items, technology, software, or services for which an export authorization is required; and (ii) provide in writing to Company export control classification and licensing information necessary for export documents (e.g., Export Control Classification Numbers (ECCNs)). Contractor shall keep records of its export and re-export related activities for a minimum of five (5) years or such period as required by Applicable Laws, whichever is greater, and shall make those records available to Company upon request. 16.3 In connection with the Contract and the Services, Contractor shall not, and shall require that the other members of Contractor Group shall not: (a) hire, charter, or contract or subcontract with, any person that is listed on any Australian or United States or other applicable government list of prohibited or denied parties or organized under the laws of, operating under the flag of, performing services in, or resident in, any country against which Australia or the United States or other applicable government has imposed comprehensive economic sanctions; or (b) obtain any items, technology, software or services originating from any country against which Australia or the United States or other applicable government has imposed comprehensive import sanctions or restrictions. 16.4 In the event that Contractor carries out any procurement of services or Goods or technology in relation to the Contract or any Services, Contractor shall verify and ensure that the persons from whom such procurement is made do not perform any act prohibited by Articles 16.3(a) or (b) in connection with the Contract or any Services. 16.5 Contractor shall Indemnify each of the members of Company Group from and against any and all Claims that may arise as a result of any actual or alleged acts or omissions of any of the members of Contractor Group or of any of their respective officers, directors, or personnel not conforming to the requirements of this Article 16. 16.6 Company confirms that no Goods, technology, software, or other items received from Contractor are intended to be shipped, either directly or indirectly, to any country or person, or for any end- use, that is prohibited under Applicable Laws relating to export control. Company shall Indemnify each of the members of Contractor Group from and against any and all Claims that may arise as a result of any actual or alleged breach by Company or by any of Company’s officers, directors, personnel, or agents of Applicable Laws pertaining to export control.

Export Control Compliance. 16.1 Contractor must comply (and must ensure that its officers, directors, and personnel, and the other members of Contractor Group and their respective officers, directors, and personnel shall comply) with all Applicable Laws relating to control of exports and re-exports, and to sanctions, including those of Australia and the United States. Notwithstanding anything to the contrary in this Article 16, neither Company nor Contractor shall be is required to meet its obligations under the Contract in a way that violates Applicable Laws. 16.2 Contractor shall be is responsible for obtaining any authorizations or licenses required under applicable export control regimes in connection with performance of the Contract, including licenses required for the transfer of any regulated technology to nationals of certain countries. Contractor shall, always in good time: (i) identify in writing to Company those items, technology, software, or services for which an export authorization is required; and (ii) provide in writing to Company export control classification and licensing information necessary for export documents (e.g., Export Control Classification Numbers (ECCNs)). Contractor shall keep records of its export and re-export related activities for a minimum of five (5) years or such period as required by Applicable Laws, whichever is greater, and shall make those records available to Company upon request. 16.3 In connection with the Contract and the Services, Contractor shall not, and shall require that the other members of Contractor Group shall do not: (a) hire, charter, or contract or subcontract with, any person that is listed on any Australian or United States or other applicable government list of prohibited or denied parties or organized under the laws of, operating under the flag of, performing services in, or resident in, any country against which Australia or the United States or other applicable government has imposed comprehensive economic sanctions; or (b) obtain any items, technology, software or services originating from any country against which Australia or the United States or other applicable government has imposed comprehensive import sanctions or restrictions. 16.4 In the event that If Contractor carries out any procurement of services or Goods or technology in relation to the Contract or any Services, Contractor shall verify and ensure that the persons from whom such procurement is made do not perform any act prohibited by Articles 16.3(a) or (b) in connection with the Contract or any Services. 16.5 Contractor shall Indemnify each of the members of Company Group from and against any and all Claims that may arise as a result of any actual or alleged acts or omissions of any of the members of Contractor Group or of any of their respective officers, directors, or personnel not conforming to the requirements of this Article 16. 16.6 Company confirms that no Goods, technology, software, or other items received from Contractor are intended to be shipped, either directly or indirectly, to any country or person, or for any end- use, that is prohibited under Applicable Laws relating to export control. Company shall Indemnify each of the members of Contractor Group from and against any and all Claims that may arise as a result of any actual or alleged breach by Company or by any of Company’s officers, directors, personnel, or agents of Applicable Laws pertaining to export control.

Export Control Compliance. 16.1 Contractor must comply (and must ensure that its officers, directors, and personnel, and the other members of Contractor Group and their respective officers, directors, and personnel shall comply) with all Applicable Laws relating to control of exports and re-exports, and to sanctions, including those of Australia and the United States. Notwithstanding anything to the contrary in this Article 16, neither Company nor Contractor shall be required to meet its obligations under the Contract in a way that violates Applicable Laws. 16.2 Contractor shall be responsible for obtaining any authorizations or licenses required under applicable export control regimes in connection with performance of the Contract, including licenses required for the transfer of any regulated technology to nationals of certain countries. Contractor shall, always in good time: (i) identify in writing to Company those items, technology, software, or services for which an export authorization is required; and (ii) provide in writing to Company export control classification and licensing information necessary for export documents (e.g., Export Control Classification Numbers (ECCNs)). Contractor shall keep records of its export and re-export related activities for a minimum of five (5) years or such period as required by Applicable Laws, whichever is greater, and shall make those records available to Company upon request. 16.3 In connection with the Contract and the Services, Contractor shall not, and shall require that the other members of Contractor Group shall not: (a) hire, charter, or contract or subcontract with, any person that is listed on any Australian or United States or other applicable government list of prohibited or denied parties or organized under the laws of, operating under the flag of, performing services in, or resident in, any country against which Australia or the United States or other applicable government has imposed comprehensive economic sanctions; or (b) obtain any items, technology, software or services originating from any country against which Australia or the United States or other applicable government has imposed comprehensive import sanctions or restrictions. 16.4 In the event that Contractor carries out any procurement of services or Goods or technology in relation to the Contract or any Services, Contractor shall verify and ensure that the persons from whom such procurement is made do not perform any act prohibited by Articles 16.3(a) or (b) in connection with the Contract or any Services.from 16.5 Contractor shall Indemnify each of the members of Company Group from and against any and all Claims that may arise as a result of any actual or alleged acts or omissions of any of the members of Contractor Group or of any of their respective officers, directors, or personnel not conforming to the requirements of this Article 16. 16.6 Company confirms that no Goods, technology, software, or other items received from Contractor are intended to be shipped, either directly or indirectly, to any country or person, or for any end- use, that is prohibited under Applicable Laws relating to export control. Company shall Indemnify each of the members of Contractor Group from and against any and all Claims that may arise as a result of any actual or alleged breach by Company or by any of Company’s officers, directors, personnel, or agents of Applicable Laws pertaining to export control.

Export Control Compliance. 16.1 16.1. Contractor must comply (and must ensure that its officers, directors, and personnel, and the other members of Contractor Group and their respective officers, directors, and personnel shall comply) with all Applicable Laws relating to control of exports and re-exports, and to sanctions, including those of Australia and the United States. Notwithstanding anything to the contrary in this Article 16, neither Company nor Contractor shall be is required to meet its obligations under the Contract in a way that violates Applicable Laws. 16.2 16.2. Contractor shall be is responsible for obtaining any authorizations or licenses required under applicable export control regimes in connection with performance of the Contract, including licenses required for the transfer of any regulated technology to nationals of certain countries. Contractor shallmust, always in good time: : (i) identify in writing to Company those items, technology, software, or services for which an export authorization is required; and (ii) provide in writing to Company export control classification and licensing information necessary for export documents (e.g., Export Control Classification Numbers (ECCNs)). Contractor shall must keep records of its export and re-export related activities for a minimum of five (5) years or such period as required by Applicable Laws, whichever is greater, and shall make those records available to Company upon request. 16.3 16.3. In connection with the Contract and the Services, Contractor shall must not, and shall must require that the other members of Contractor Group shall do not: (a) hire, charter, or contract or subcontract with, any person that is listed on any Australian or United States or other applicable government list of prohibited or denied parties or organized under the laws of, operating under the flag of, performing services in, or resident in, any country against which Australia or the United States or other applicable government has imposed comprehensive economic sanctions; or (b) obtain any items, technology, software or services originating from any country against which Australia or the United States or other applicable government has imposed comprehensive import sanctions or restrictions. 16.4 In the event that 16.4. If Contractor carries out any procurement of services or Goods or technology in relation to the Contract or any Services, Contractor shall must verify and ensure that the persons from whom such procurement is made do not perform any act prohibited by Articles 16.3(a) or (b) in connection with the Contract or any Services. 16.5 16.5. Contractor shall must Indemnify each of the members of Company Group from and against any and all Claims that may arise as a result of any actual or alleged acts or omissions of any of the members of Contractor Group or of any of their respective officers, directors, or personnel not conforming to the requirements of this Article 16. 16.6 16.6. Company confirms that no Goods, technology, software, or other items received from Contractor are intended to be shipped, either directly or indirectly, to any country or person, or for any end- use, that is prohibited under Applicable Laws relating to export control. Company shall must Indemnify each of the members of Contractor Group from and against any and all Claims that may arise as a result of any actual or alleged breach by Company or by any of Company’s officers, directors, personnel, or agents of Applicable Laws pertaining to export control.

Export Control Compliance. 16.1 Contractor must comply (and must ensure that its officers, directors, and personnel, and the other members of Contractor Group and their respective officers, directors, and personnel shall comply) with all Applicable Laws relating to control of exports and re-exports, and to sanctions, including those of Australia and the United States. Notwithstanding anything to the contrary in this Article 16, neither Company nor Contractor shall be required to meet its obligations under the Contract in a way that violates Applicable Laws. 16.2 Contractor shall be responsible for obtaining any authorizations or licenses required under applicable export control regimes in connection with performance of the Contract, including licenses required for the transfer of any regulated technology to nationals of certain countries. Contractor shall, always in good time: (i) identify in writing to Company those items, technology, software, or services for which an export authorization is required; and (ii) provide in writing to Company export control classification and licensing information necessary for export documents (e.g., Export Control Classification Numbers (ECCNs)). Contractor shall keep records of its export and re-export related activities for a minimum of five (5) years or such period as required by Applicable Laws, whichever is greater, and shall make those records available to Company upon request. 16.3 In connection with the Contract and the Services, Contractor shall not, and shall require that the other members of Contractor Group shall not: (a) hire, charter, or contract or subcontract with, any person that is listed on any Australian or United States or other applicable government list of prohibited or denied parties or organized under the laws of, operating under the flag of, performing services in, or resident in, any country against which Australia or the United States or other applicable government has imposed comprehensive economic sanctions; or (b) obtain any items, technology, software or services originating from any country against which Australia or the United States or other applicable government has imposed comprehensive import sanctions or restrictions. 16.4 In the event that Contractor carries out any procurement of services or Goods or technology in relation to the Contract or any Services, Contractor shall verify and ensure that the persons from whom such procurement is made do not perform any act prohibited by Articles 16.3(a) or (b) in connection with the Contract or any Services. 16.5 Contractor shall Indemnify each of the members of Company Group from and against any and all Claims that may arise as a result of any actual or alleged acts or omissions of any of the members of Contractor Group or of any of their respective officers, directors, or personnel not conforming to the requirements of this Article 16.and 16.6 Company confirms that no Goods, technology, software, or other items received from Contractor are intended to be shipped, either directly or indirectly, to any country or person, or for any end- use, that is prohibited under Applicable Laws relating to export control. Company shall Indemnify each of the members of Contractor Group from and against any and all Claims that may arise as a result of any actual or alleged breach by Company or by any of Company’s officers, directors, personnel, or agents of Applicable Laws pertaining to export control.