Export Control Requirements. Licensee agrees that at no time, either during the term of this Agreement or thereafter, shall Licensee knowingly export, directly or indirectly, any United States source technical data acquired from Licensor under this Agreement or any direct products of that technical data to any country for which the U.S. Government or any agency thereof at the time of export requires an export license or other governmental approval, without first obtaining that license or approval when required by applicable United States law.
Export Control Requirements. II.24.1. In the implementation of the Contract, the Contractor shall be responsible, including for its Subcontractors, for ensuring compliance with relevant requirements imposed by applicable legislation regarding exportation, re-exportation and transfers (including intra-Community) of the dual-use products, components and technology or any parts thereof subject to the Contract (the "Dual-use Goods") to the country of delivery or the ITER site in Cadarache, France.
II.24.2. Unless otherwise indicated by Fusion for Energy the Contractor shall act as an Exporter of the Dual-use Goods and shall provide any requested documentation and information, including evidence of compliance with the relevant exportation or transfer rules and transportation documentation. Should Fusion for Energy decide to act as an Exporter, the Contractor shall assist Fusion for Energy in obtaining any required export, re-export or transfer authorization (including customs) and to provide any necessary information or documentation.
II.24.3. Where the Contractor is unable to obtain any required export, re-export or transfer authorization (including customs) and to provide the requested information or documentation, Fusion for Energy shall be entitled to terminate the Contract in accordance with Article II.18 (Termination by Fusion for Energy for Cause) unless the Contractor proves that the failure is due to a Force Majeure.
II.24.4. At a date to be defined by Fusion for Energy in accordance with Annex A (Management Specification), the Contractor shall produce a list of Dual-use Goods with indication of their category based on applicable international export control lists. It shall also clearly identify any Dual-use Goods to be subcontracted.
Export Control Requirements. Except as disclosed in the Optium SEC Filings or as would not reasonably be expected to have a Material Adverse Effect on Optium:
(a) Optium and each of its Subsidiaries has complied with all export control requirements prescribed by Law regarding any export of its products or technology, including the Export Administration Regulations ("EAR") maintained by the U.S. Department of Commerce and the International Traffic in Arms Regulations ("ITAR") maintained by the Department of State;
(b) The respective businesses of Optium and its Subsidiaries, as currently conducted, do not require Optium or any of its Subsidiaries to obtain a license from the United States Departments of Commerce or State or an authorized body thereof under ITAR or EAR or other Law regulating the development, commercialization or export of technology; and
(c) Neither Optium nor any of its Subsidiaries has received any correspondence from the export control authorities in any country, including the U.S. Departments of Commerce or State, regarding any pre-penalty notice, notice of penalty, subpoena or request for documents, or notice of audit, investigation or inquiry by a special agent or other export control agent or official.
Export Control Requirements. Except as disclosed in the Finisar SEC Reports or as would not reasonably be expected to have a Material Adverse Effect on Finisar:
(a) Finisar and each of its Subsidiaries has complied with all export control requirements prescribed by Law regarding any export of its products or technology, including the EAR maintained by the U.S. Department of Commerce and the ITAR maintained by the Department of State;
(b) The respective businesses of Finisar and its Subsidiaries, as currently conducted, do not require Finisar or any of its Subsidiaries to obtain a license from the United States Departments of Commerce or State or an authorized body thereof under ITAR or EAR or other Law regulating the development, commercialization or export of technology; and
(c) Neither Finisar nor any of its Subsidiaries has received any correspondence from the export control authorities in any country, including the U.S. Departments of Commerce or State, regarding any pre-penalty notice, notice of penalty, subpoena or request for documents, or notice of audit, investigation or inquiry by a special agent or other export control agent or official.
Export Control Requirements. SUBCONTRACTOR will comply with all U.S. export control laws and regulations, including the provisions of the Export Administration Act of 1979 and the U.S. Export Administration Regulations (15 C.F.R. 730-774) promulgated thereunder, the U.S. Department of Energy’s export regulations (10 C.F.R. Part 810), the Arms Export Control Act, the International Traffic in Arms Regulations, and the sanctions and laws administered by the U.S. Treasury Department, Office of Foreign Assets Control (OFAC). SUBCONTRACTOR acknowledges that these statutes and regulations impose restrictions on the import and export to foreign countries and foreign nationals of certain categories of items and data and that licenses from the U.S. Department of Energy, U.S. Department of Commerce, U.S. State Department and/or OFAC may be required before such items or data can be disclosed, and that such licenses may impose further restrictions on use of and further disclosure of such data. SUBCONTRACTOR further acknowledges that the information which CONTRACTOR may disclose to SUBCONTRACTOR pursuant to the subcontract may be subject to these statutes and regulations.
Export Control Requirements. 11.1. The Licensee hereby agrees that all and any use, disclosure, transport or transmission of the Software will be in accordance with any applicable export control laws and regulations and agrees that the Licensee is solely responsible for fulfilling any applicable governmental requirements in connection therewith. The Licensee agrees to indemnify and hold CoreFiling harmless from and against any claim, loss, liability or damage suffered or incurred by CoreFiling resulting from or related to any violation by the Licensee of this paragraph.
Export Control Requirements. Before furnishing goods, software, services or technical data that are on the U.S. Munitions List (22 C.F.R. pt. 121) or in the 500- or 600-series Export Control Classification Numbers of the Commerce Control List (15 C.F.R. pt. 774), Contractor will notify Owner that such items are export-controlled. Contractor will furnish export-controlled items only after Owner's Export Controls Officer has furnished written confirmation that Owner is prepared to accept delivery of such items.
Export Control Requirements. The Manufacturer represents and warrants its understanding that any Production Material, software or technology supplied to the Manufacturer (“Supplied Items”) may be subject to the jurisdiction of U.S. export controls and trade sanctions and that such controls and sanctions are extraterritorial. As such, the Manufacturer must not divert, use, export or re-export any Supplied Item contrary to these controls and sanctions. The Manufacturer must not source any Production Materials that would cause the importation of the Products into the U.S., or the possession of the Products by a U.S. person to violate any trade or economic sanctions or embargo maintained by the U.S. Specifically, the Manufacturer must not source any Production Materials from either (a) any country against which the U.S. maintains trade or economic sanctions or an embargo, or (b) any person listed on the U.S. Department of Treasury’s Office of Foreign Assets Control list of Specially Designated Nationals and Blocked Persons.
Export Control Requirements. In the implementation of the Contract, the Contractor shall be responsible, including for its Subcontractors, for ensuring compliance with relevant requirements imposed by applicable legislation regarding exportation, re-exportation and transfers (including intra-Community) of the dual-use products, components and technology or any parts thereof subject to the Contract (the "Dual-Use Goods") to the country of delivery or the ITER site in Cadarache, France. Unless otherwise indicated by Fusion for Energy the Contractor shall act as an Exporter of the Dual-Use Goods and shall provide any requested documentation and information, including evidence of compliance with the relevant exportation or transfer rules and transportation documentation. Should Fusion for Energy decide to act as an Exporter, the Contractor shall assist Fusion for Energy in obtaining any required export, re-export or transfer authorization (including customs) and to provide any necessary information or documentation.
Export Control Requirements. 27.1 The Product may not be re-exported, downloaded or otherwise exported into (or to a national or resident of) any country to which there is an embargo in force. You agree not to use, disclose and/or transport the Product in accordance with any applicable export control laws to any destination subject to restrictive sanctions measures or trade embargoes implemented at a national, regional or international level without the appropriate authorisation.
27.2 You shall be solely responsible for fulfilling any applicable governmental requirements in connection with the use, disclosure and/or transport of the Product.
27.3 You agree to indemnify and hold us harmless from and against any claim, loss, liability or damage suffered or incurred by us resulting from or related to your breach of this clause.
