Common use of Export Control Clause in Contracts

Export Control. (a) SELLER shall comply with all applicable U.S. export control laws and economic sanctions laws and regulations, specifically including but not limited to the International Traffic in Arms Regulations (ITAR), 22 C.F.R. 120 et seq.; the Export Administration Regulations, 15 C.F.R. 730-774; and the Foreign Assets Control Regulations, 31 C.F.R. 500-598 (collectively, "Trade Control Laws"). Without limiting the foregoing, SELLER shall not transfer any export controlled item, technical data, technology, or service, including transfers to foreign persons employed by or associated with, or under contract to SELLER or SELLER's lower tier suppliers, unless authorized in advance by an export license (such as Technical Assistance Agreement (TAA) or Manufacturing License Agreement (MLA), license exception or license exemption, collectively, "Export Authorization"), as required. (b) SELLER shall notify LOCKHEED XXXXXX if any deliverable under this Contract is restricted by applicable Trade Control Laws. Before providing LOCKHEED XXXXXX any item or data controlled under any of the Trade Control Laws, SELLER shall provide in writing to the LOCKHEED XXXXXX Procurement Representative the export classification of any such item or controlled data (i.e. the export classification under the EAR, ITAR, EU List of Dual Use Items and Technology, Wassenaar Arrangement’s List of Dual-Use Goods and Technologies or other applicable export control list) and shall notify the LOCKHEED XXXXXX Procurement Representative in writing of any changes to the export classification information of the item or controlled data. SELLER represents that an official authorized to bind the SELLER has determined that the SELLER or the designer, manufacturer, supplier or other source of the Work has properly determined their export classification. (c) SELLER hereby represents that neither SELLER nor any parent, subsidiary or affiliate of SELLER is included on any of the restricted party lists maintained by the U.S. Government, including the Specially Designated Nationals List administered by the U.S. Treasury Department’s Office of Foreign Assets Control (“OFAC”), Denied Parties List, Unverified List or Entity List maintained by the U.S. Commerce Department’s Bureau of Industry and Security (“BIS”), or the List of Statutorily Debarred Parties maintained by the U.S. State Department’s Directorate of Defense Trade Controls, or the consolidated list of asset freeze targets designated by the United Nations, European Union, and United Kingdom (collectively, “Restricted Party Lists”). SELLER shall immediately notify the LOCKHEED XXXXXX Procurement Representative if SELLER, or any parent, subsidiary or affiliate of SELLER becomes listed on any Restricted Party List or if SELLER's export privileges are otherwise denied, suspended or revoked in whole or in part by any U.S. or non-U.S. government entity or agency. (d) If SELLER is engaged in the business of exporting manufacturing (whether exporting or not) or brokering defense articles or furnishing defense services, SELLER represents that it is and will continue to be registered with the Directorate of Defense Trade Controls, as required by the ITAR, and it maintains an effective export/import compliance program in accordance with the ITAR. (e) Where SELLER is a party to or signatory under a LOCKHEED XXXXXX Export Authorization, SELLER shall provide prompt notification to the LOCKHEED XXXXXX Procurement Representative in the event of (1) changed circumstances including, but not limited to, ineligibility, a violation or potential violation of the ITAR or other applicable governmental restrictions, and the initiation or existence of a U.S. Government investigation, that could affect SELLER's performance under this Contract, or (2) any change by SELLER that might require LOCKHEED XXXXXX to submit an amendment to an existing Export Authorization or request a new or replacement Export Authorization. SELLER shall provide to LOCKHEED XXXXXX all information and documentation as may reasonably be required for LOCKHEED XXXXXX to prepare and submit any required export license applications. Delays on SELLER's part to submit the relevant information for export licenses shall not constitute an excusable delay under this Contract. (f) SELLER shall include paragraphs (a) through (d) and this paragraph (f) of this clause or equivalent provisions in lower tier subcontracts for the delivery of items that will be included in or delivered as Work to LOCKHEED XXXXXX. SELLER shall immediately notify LOCKHEED XXXXXX upon learning that any lower tier subcontractor with which it engages has become listed on the Restricted Parties List. (g) SELLER shall be responsible for all losses, costs, claims, causes of action, damages, liabilities and expense, including attorneys' fees, all expense of litigation and/or settlement, and court costs, arising from any act or omission of SELLER, its officers, employees, agents, suppliers, or subcontractors at any tier, in the performance of any of its obligations under this clause.

Export Control. (a) SELLER shall agrees to comply with all applicable in country and U.S. export control laws and economic sanctions laws and regulations, specifically including for the U.S., but not limited to to, the requirements of the Arms Export Control Act, 22 U.S.C. 2751-2794, including the International Traffic in Arms Regulations Regulation (ITAR), 22 C.F.R. 120 et seq.; and the Export Administration Act, 50 U.S.C. app. 2401-2420, including the Export Administration Regulations, 15 C.F.R. 730-774; and including the Foreign Assets Control Regulations, 31 C.F.R. 500-598 (collectively, "Trade Control Laws"). Without limiting the foregoing, SELLER shall not transfer requirement for obtaining any export controlled itemlicense or agreement, technical data, technology, or service, including transfers to foreign persons employed by or associated with, or under contract to SELLER or SELLER's lower tier suppliers, unless authorized in advance by an export license (such as Technical Assistance Agreement (TAA) or Manufacturing License Agreement (MLA), license exception or license exemption, collectively, "Export Authorization"), as requiredif applicable. (b) SELLER shall agrees to notify LOCKHEED XXXXXX if any deliverable under this Contract is restricted by applicable Trade Control Laws. Before providing LOCKHEED XXXXXX any item or data controlled under any of the Trade Control Laws, SELLER shall provide in writing to the LOCKHEED XXXXXX Procurement Representative the export classification of any such item or controlled data (i.e. the export classification under the EAR, ITAR, EU List of Dual Use Items and Technology, Wassenaar Arrangement’s List of Dual-Use Goods and Technologies or other applicable export control list) and shall notify the LOCKHEED XXXXXX Procurement Representative in writing of any changes to the export classification information of the item laws or controlled data. SELLER represents that an official authorized to bind the SELLER has determined that the SELLER or the designer, manufacturer, supplier or other source of the Work has properly determined their export classificationregulations. (c) SELLER hereby represents that neither SELLER nor any parent, subsidiary or affiliate of SELLER is included on any of the restricted party lists maintained by the U.S. Government, including the Specially Designated Nationals List administered by the U.S. Treasury Department’s Office of Foreign Assets Control (“OFAC”), Denied Parties List, Unverified List or Entity List maintained by the U.S. Commerce Department’s Bureau of Industry and Security (“BIS”), or the List of Statutorily Debarred Parties maintained by the U.S. State Department’s Directorate of Defense Trade Controls, or the consolidated list of asset freeze targets designated by the United Nations, European Union, and United Kingdom (collectively, “Restricted Party Lists”). SELLER shall immediately notify the LOCKHEED XXXXXX Procurement Representative if SELLERSELLER is, or becomes, listed in any parent, subsidiary or affiliate of SELLER becomes listed on any Restricted Party Denied Parties List or if SELLER's export privileges are otherwise denied, suspended or revoked in whole or in part by any U.S. or non-U.S. government Government entity or agency, or by any entity or agency of SELLER's own country. (d) If LOCKHEED XXXXXX ITAR Controlled Technical Data can be provided to SELLER's same country national employees ONLY. Third Country national employees of SELLER is engaged in are not authorized to receive LOCKHEED XXXXXX ITAR Controlled Technical Data without separate authorization and approval by LOCKHEED XXXXXX and the business of exporting manufacturing (whether exporting or not) or brokering defense articles or furnishing defense services, SELLER represents that it is and will continue to be registered with the Directorate of Defense Trade Controls, as required by the ITAR, and it maintains an effective export/import compliance program in accordance with the ITARU.S. Government. (e) If the technical data required to perform this Contract is exported pursuant to ITAR 124.13 to the SELLER under a DSP-5, Offshore Procurement license, SELLER shall comply with the following: (1) The technical data shall be used only to manufacture the Work required by this Contract; and (2) The data shall not be disclosed to any other person except lower-tier subcontractors within the same country; and (3) Any rights in the data may not be acquired by any foreign person; and (4) SELLER, including lower-tier subcontractors, shall return, or at LOCKHEED XXXXXX'x direction, destroy all of the technical data exported to SELLER pursuant to this Contract upon fulfillment of its terms; and (5) Unless otherwise directed by LOCKHEED XXXXXX, SELLER shall deliver the Work only to LOCKHEED XXXXXX or to an agency of the U.S. Government. (6) SELLER shall include the terms of this paragraph (e) in all lower-tier subcontracts issued when technical data is provided to the lower-tier subcontractor. (f) Where SELLER is a party to or signatory under a LOCKHEED XXXXXX Export Authorizationexport license or export agreement (e.g., TAA, MLA), SELLER shall provide prompt notification to the LOCKHEED XXXXXX Procurement Representative in the event of (1) changed circumstances including, but not limited to, ineligibility, a violation or potential violation of the ITAR or other applicable governmental restrictionsITAR, and the initiation or existence of a U.S. Government investigation, that could affect the SELLER's performance under this Contract, or (2) any change by SELLER that might require LOCKHEED XXXXXX to submit an amendment to an existing Export Authorization or request a new or replacement Export Authorization. SELLER shall provide to LOCKHEED XXXXXX all information and documentation as may reasonably be required for LOCKHEED XXXXXX to prepare and submit any required export license applications. Delays on SELLER's part to submit the relevant information for export licenses shall not constitute an excusable delay under this Contract. (f) SELLER shall include paragraphs (a) through (d) and this paragraph (f) of this clause or equivalent provisions in lower tier subcontracts for the delivery of items that will be included in or delivered as Work to LOCKHEED XXXXXX. SELLER shall immediately notify LOCKHEED XXXXXX upon learning that any lower tier subcontractor with which it engages has become listed on the Restricted Parties List. (g) If Sublicensing in authorized in writing by LOCKHEED XXXXXX and the U.S. Government under the export agreement, SELLER shall comply with the following: (1) Obtain an ITAR Non-Disclosure Agreement (NDA) from each authorized lower-tier Supplier which SELLER will sublicense ITAR controlled technical data to; and (2) Provide a copy of the fully executed ITAR NDA to the LOCKHEED XXXXXX Procurement Representative; and then (3) Upon completion of (i) and (ii) above, Lockheed Xxxxxx will acknowledge receipt of the NDA and provide authorization to SELLER to provide LOCKHEED XXXXXX ITAR Controlled Technical Data to its authorized lower-tier Suppliers; (4) LOCKHEED XXXXXX ITAR Controlled Technical Data can be provided to SELLER's authorized lower-tier Supplier's national employees only; (5) Third Country national employees of SELLER's authorized lower-tier Suppliers are not authorized to receive LOCKHEED XXXXXX ITAR Controlled Technical Data without separate authorization and approval by LOCKHEED XXXXXX and the U.S. Government. (h) SELLER shall be responsible for all losses, costs, claims, causes of action, damages, liabilities and expense, including attorneys' fees, all expense of litigation and/or settlement, and court costs, arising from any act or omission of SELLER, its officers, employees, agents, suppliers, or subcontractors at any tier, in the performance of any of its obligations under this clause.

Export Control. (a) SELLER shall comply with all applicable U.S. export control laws and economic sanctions laws and regulations, specifically including but not limited to the International Traffic in Arms Regulations (ITAR), 22 C.F.R. 120 et seq.; the Export Administration Regulations, 15 C.F.R. 730-774; and the Foreign Assets Control Regulations, 31 C.F.R. 500-598 (collectively, "Trade Control Laws"). Without limiting the foregoing, SELLER shall not transfer any export controlled item, technical data, technology, or service, including transfers to foreign persons employed by or associated with, or under contract to SELLER or SELLER's lower tier suppliers, unless authorized in advance by an export license (such as Technical Assistance Agreement (TAA) or Manufacturing License Agreement (MLA), license exception or license exemption, collectively, "Export Authorization"), as required. (b) SELLER shall notify LOCKHEED XXXXXX if any deliverable under this Contract is restricted by applicable Trade Control Laws. Before providing LOCKHEED XXXXXX any item or data controlled under any of the Trade Control Laws, SELLER shall provide in writing to the LOCKHEED XXXXXX Procurement Representative the export classification of any such item or controlled data (i.e. the export classification under the EAR, ITAR, EU List of Dual Use Items and Technology, Wassenaar ArrangementAgreement’s List of Dual-Use Goods and Technologies or other applicable export control list) and shall notify the LOCKHEED XXXXXX Procurement Representative in writing of any changes to the export classification information of the item or controlled data. SELLER represents that an official authorized to bind the SELLER has determined that the SELLER or the designer, manufacturer, supplier or other source of the Work has properly determined their export classification. (c) SELLER hereby represents that neither SELLER nor any parent, subsidiary or affiliate of SELLER is included on any of the restricted party lists maintained by the U.S. Government, including the Specially Designated Nationals List administered by the U.S. Treasury Department’s Office of Foreign Assets Control (“OFAC”), Denied Parties List, Unverified List or Entity List maintained by the U.S. Commerce Department’s Bureau of Industry and Security (“BIS”), or the List of Statutorily Debarred Parties maintained by the U.S. State Department’s Directorate of Defense Trade Controls, or the consolidated list of asset freeze targets designated by the United Nations, European Union, and United Kingdom (collectively, “Restricted Party Lists”). SELLER shall immediately notify the LOCKHEED XXXXXX Procurement Representative if SELLER, or any parent, subsidiary or affiliate of SELLER becomes listed on any Restricted Party List or if SELLER's export privileges are otherwise denied, suspended or revoked in whole or in part by any U.S. or non-U.S. government entity or agency. (d) If SELLER is engaged in the business of exporting manufacturing (whether exporting or not) or not)or brokering defense articles or furnishing defense services, SELLER represents that it is and will continue to be registered with the Directorate of Defense Trade Controls, as required by the ITAR, and it maintains an effective export/import compliance program in accordance with the ITAR. (e) Where SELLER is a party to or signatory under a LOCKHEED XXXXXX Export Authorization, SELLER shall provide prompt notification to the LOCKHEED XXXXXX Procurement Representative in the event of (1) changed circumstances including, but not limited to, ineligibility, a violation or potential violation of the ITAR or other applicable governmental restrictions, and the initiation or existence of a U.S. Government investigation, that could affect SELLER's performance under this Contract, or (2) any change by SELLER that might require LOCKHEED XXXXXX to submit an amendment to an existing Export Authorization or request a new or replacement Export Authorization. SELLER shall provide to LOCKHEED XXXXXX all information and documentation as may reasonably be required for LOCKHEED XXXXXX to prepare and submit any required export license applications. Delays on SELLER's part to submit the relevant information for export licenses shall not constitute an excusable delay under this Contract. (f) SELLER shall include paragraphs (a) through (d) and this paragraph (f) of this clause or equivalent provisions in lower tier subcontracts for the delivery of items that will be included in or delivered as Work to LOCKHEED XXXXXX. SELLER shall immediately notify LOCKHEED XXXXXX upon learning that any lower tier subcontractor with which it engages has become listed on the Restricted Parties List. (g) SELLER shall be responsible for all losses, costs, claims, causes of action, damages, liabilities and expense, including attorneys' attorney’s fees, all expense of litigation and/or settlement, and court costs, arising from any act or omission of SELLER, its officers, employees, agents, suppliers, or subcontractors at any tier, in the performance of any of its obligations under this clause.

Export Control. (a) SELLER a. Seller shall comply with all applicable U.S. export control laws and economic sanctions import controls laws and regulations, specifically including but not limited to the to: (i) International Traffic in Arms Regulations (“ITAR), ”) (22 C.F.R. 120 et seq.; the CFR 120-130) which regulates temporary imports of Defense Articles; (ii) Export Administration Regulations, Regulations (“EAR”) (15 C.F.R. CFR Part 730-774; and the Foreign Assets Control Regulations, 31 C.F.R. 500-598 (collectively, "Trade Control Laws"). Without limiting the foregoing, SELLER shall not transfer any export controlled item, technical data, technology, or service, including transfers to foreign persons employed by or associated with, or under contract to SELLER or SELLER's lower tier suppliers, unless authorized in advance by an export license (such as Technical Assistance Agreement (TAA) or Manufacturing License Agreement (MLA), license exception or license exemption, collectively, "Export Authorization"), as required.; (biii) SELLER shall notify LOCKHEED XXXXXX if any deliverable under this Contract is restricted by applicable Trade Control Laws. Before providing LOCKHEED XXXXXX any item or data controlled under any of the Trade Control Laws, SELLER shall provide in writing to the LOCKHEED XXXXXX Procurement Representative the export classification of any such item or controlled data (i.e. the export classification under the EAR, ITAR, EU List of Dual Use Items and Technology, Wassenaar Arrangement’s List of Dual-Use Goods and Technologies or other applicable export control list) and shall notify the LOCKHEED XXXXXX Procurement Representative in writing of any changes to the export classification information of the item or controlled data. SELLER represents that an official authorized to bind the SELLER has determined that the SELLER or the designer, manufacturer, supplier or other source of the Work has properly determined their export classification. (c) SELLER hereby represents that neither SELLER nor any parent, subsidiary or affiliate of SELLER is included on any of the restricted party lists maintained by the U.S. Government, including the Specially Designated Nationals List Regulations administered by the U.S. Treasury Department’s Office of Foreign Assets Control (“OFAC”) (31 CFR Part 500-598); (iv) Regulations administered by the U.S. Department of Justice, Bureau of Alcohol, Tobacco, Firearms, and Explosives (“BATFE”) found in 27 CFR Chapter II, (Parts 447, 478, 479 & 555) which regulates Permanent Imports of USMIL defense articles; (v) OFAC (Title 31, Subtitle B, Chapter V, Part 500-599 & Appendix A) which addresses country sanctions; (vi) Foreign Trade Regulations (“FTR”) (15 CFR Part 30) which regulates imports and is administered by the Census Bureau; (vii) All other applicable U.S. Government regulations relating to the importation of goods into the United States (including, but not limited to, the regulations administered by the U.S. Customs and Border Protection (“CBP”) at 19 CFR 0 et seq. and other import regulations promulgated by other U.S. agencies which may be enforced by CBP); and (viii) laws and regulations of other countries, (collectively “export control laws and regulations”). b. Seller shall control the disclosure, export, re-export, transfer and retransfer of, and access to, any hardware, software, controlled technical data, technology, and/or services (collectively referred to as “items”) received under this Contract to ensure that any such disclosure, export, re-export, transfer or retransfer is undertaken in accordance with U.S. export control laws and regulations. Seller agrees that no controlled items provided by Buyer in connection with this Contract shall be provided to any person or entity unless the transfer is expressly permitted by a U.S. Government license or other authorization, or is otherwise in accordance with applicable laws and regulations. It shall be the responsibility of Seller to be cognizant of (including by requesting such information from Buyer if needed) the proper jurisdiction and classification under the ITAR and/or EAR of the items provided by Buyer prior to any release to a third party, including foreign affiliates or employees. If a final jurisdiction and classification determination for items provided by the Buyer has not been provided, Seller cannot export or otherwise release the information to a foreign person until a final jurisdiction and classification is approved by Buyer and any applicable export authorizations are obtained. For items subject to the ITAR, this responsibility includes Seller’s cognizance of the ITAR controls applicable to any technical data or defense service furnished to Seller by Buyer, including when exported to Seller from the United States in furtherance of Buyer’s technical assistance, manufacturing license agreement or other ITAR authorization prescribing ITAR jurisdiction of any defense article which may be produced or manufactured by Seller from such technical data or defense service. c. Seller shall notify Buyer if any deliverable under this Contract, for which Seller is the design authority, is subject to U.S. export and import controls laws and regulations described in Paragraph 32(a). Before providing Buyer any deliverable subject to the EAR or the ITAR, Seller shall provide in writing to the Buyer’s Procurement Representative the export classification of any such item or controlled data, including the export classification of any: (i) Dual use goods and technology subject to the EAR, including any embedded ITAR-controlled or EAR 5XX or “600 series” item or technology; (ii) Defense article, including any technical data, controlled by the ITAR; and (iii) Item or technology controlled by the EU List of Dual Use Items or by other applicable national export control lists. d. If Seller is or has been engaged in the U.S. in the business of either exporting, manufacturing, temporarily importing, or brokering ITAR Items or furnishing defense services, Seller represents that it is registered and maintains its registration with the Directorate of Defense Trade Controls (“DDTC”), as may be required by 22 C.F.R. 122.1 of the ITAR and that it maintains an effective export/import compliance program in accordance with DDTC guidelines. This includes furnishing defense services as defined in 22 CFR 122.1. e. Seller hereby represents that neither Seller nor any parent, subsidiary or affiliate of Seller is included on any of the Restricted Parties List maintained by the U.S. Government including the Specially Designated Nationals List administered by the U.S. Treasury Department’s OFAC, Denied Parties List, Unverified List or Entity List maintained by the U.S. Commerce Department’s Department Bureau of Industry and Security (“BIS”), or the List of Statutorily Debarred Parties maintained by the U.S. State Department’s Department Directorate of Defense Trade Controls, Controls or the consolidated list of asset freeze targets Asset-Free Target designated by the United Nations, European Union, and United Kingdom (collectively, collectively “Restricted Party ListsParties List”). SELLER Seller shall immediately notify the LOCKHEED XXXXXX Procurement Representative Buyer if SELLERSeller, or any parent, subsidiary or affiliate of SELLER becomes or any lower-tier supplier is, or becomes, listed on any in the Restricted Party or Denied Parties List or if SELLER's Seller’s export privileges are otherwise denied, suspended or revoked in whole or in part by any U.S. or non-U.S. government Government entity or agency., (d) If SELLER is engaged in the business of exporting manufacturing (whether exporting or not) or brokering defense articles or furnishing defense services, SELLER represents that it is and will continue to be registered with the Directorate of Defense Trade Controls, as required by the ITAR, and it maintains an effective export/import compliance program in accordance with the ITAR. (e) f. Where SELLER Seller is a party to or signatory under a LOCKHEED XXXXXX Export AuthorizationCompany export license or export agreement (e.g., SELLER Technical Assistance Agreement, Manufacturing License Agreement), Seller shall provide prompt notification to the LOCKHEED XXXXXX Procurement Representative Buyer in the event of (1) changed circumstances including, but not limited to, ineligibility, a violation or potential violation of the ITAR any U.S. Export Control Law, or other applicable governmental restrictions, and the initiation or existence of a U.S. Government investigation, investigation that could affect SELLER's Seller’s performance under this Contract, or (2) any change by SELLER that might require LOCKHEED XXXXXX to submit an amendment to an existing Export Authorization or request a new or replacement Export Authorization. SELLER shall provide to LOCKHEED XXXXXX all information and documentation as may reasonably be required for LOCKHEED XXXXXX to prepare and submit any required export license applications. Delays on SELLER's part to submit the relevant information for export licenses shall not constitute an excusable delay under this Contract. (f) SELLER g. Seller shall include paragraphs (a) through (d) and this paragraph (f) of this clause Clause in its entirety or equivalent provisions in lower lower-tier subcontracts for the delivery of items that will be included in or delivered as Work to LOCKHEED XXXXXX. SELLER shall immediately notify LOCKHEED XXXXXX upon learning that any lower tier subcontractor with which it engages has become listed on the Restricted Parties Listsubcontracts. (g) SELLER shall h. Seller will be responsible for all losses, costs, claims, causes of action, damages, liabilities and expense, including attorneys' attorney’s fees, all expense of litigation and/or settlement, and court costs, arising from any act or omission of SELLERSeller, its officers, directors, employees, consultants, agents, affiliates, successors, permitted assigns, suppliers, or subcontractors at any tier, in the performance of any of its obligations under this clauseClause.

Export Control. (a) SELLER shall comply with all applicable U.S. export control laws and economic sanctions laws and regulations, specifically including but not limited to the International Traffic in Arms Regulations (ITAR), 22 C.F.R. 120 et seq.; the Export Administration Regulations, 15 C.F.R. 730-774730‐774; and the Foreign Assets Control Regulations, 31 C.F.R. 500-598 500‐598 (collectively, "Trade Control Laws"). Without limiting the foregoing, SELLER shall not transfer any export controlled item, technical data, technology, or service, including transfers to foreign persons employed by or associated with, or under contract to SELLER or SELLER's lower tier suppliers, unless authorized in advance by an export license (such as Technical Assistance Agreement (TAA) or Manufacturing License Agreement (MLA), license exception or license exemption, collectively, "Export Authorization"), as required. (b) SELLER shall notify LOCKHEED XXXXXX if any deliverable under this Contract is restricted by applicable Trade Control Laws. Before providing LOCKHEED XXXXXX any item or data controlled under any of the Trade Control Laws, SELLER shall provide in writing to the LOCKHEED XXXXXX Procurement Representative the export classification of any such item or controlled data (i.e. the export classification under the EAR, ITAR, EU List of Dual Use Items and Technology, Wassenaar ArrangementAgreement’s List of Dual-Use Dual‐Use Goods and Technologies or other applicable export control list) and shall notify the LOCKHEED XXXXXX Procurement Representative in writing of any changes to the export classification information of the item or controlled data. SELLER represents that an official authorized to bind the SELLER has determined that the SELLER or the designer, manufacturer, supplier or other source of the Work has properly determined their export classification. (c) SELLER hereby represents that neither SELLER nor any parent, subsidiary or affiliate of SELLER is included on any of the restricted party lists maintained by the U.S. Government, including the Specially Designated Nationals List administered by the U.S. Treasury Department’s Office of Foreign Assets Control (“OFAC”), Denied Parties List, Unverified List or Entity List maintained by the U.S. Commerce Department’s Bureau of Industry and Security (“BIS”), or the List of Statutorily Debarred Parties maintained by the U.S. State Department’s Directorate of Defense Trade Controls, or the consolidated list of asset freeze targets designated by the United Nations, European Union, and United Kingdom (collectively, “Restricted Party Lists”). SELLER shall immediately notify the LOCKHEED XXXXXX Procurement Representative if SELLER, or any parent, subsidiary or affiliate of SELLER becomes listed on any Restricted Party List or if SELLER's export privileges are otherwise denied, suspended or revoked in whole or in part by any U.S. or non-U.S. non‐U.S. government entity or agency. (d) If SELLER is engaged in the business of exporting manufacturing (whether exporting or not) or not)or brokering defense articles or furnishing defense services, SELLER represents that it is and will continue to be registered with the Directorate of Defense Trade Controls, as required by the ITAR, and it maintains an effective export/import compliance program in accordance with the ITAR. (e) Where SELLER is a party to or signatory under a LOCKHEED XXXXXX Export Authorization, SELLER shall provide prompt notification to the LOCKHEED XXXXXX Procurement Representative in the event of (1) changed circumstances including, but not limited to, ineligibility, a violation or potential violation of the ITAR or other applicable governmental restrictions, and the initiation or existence of a U.S. Government investigation, that could affect SELLER's performance under this Contract, or (2) any change by SELLER that might require LOCKHEED XXXXXX to submit an amendment to an existing Export Authorization or request a new or replacement Export Authorization. SELLER shall provide to LOCKHEED XXXXXX all information and documentation as may reasonably be required for LOCKHEED XXXXXX to prepare and submit any required export license applications. Delays on SELLER's part to submit the relevant information for export licenses shall not constitute an excusable delay under this Contract. (f) SELLER shall include paragraphs (a) through (d) and this paragraph (f) of this clause or equivalent provisions in lower tier subcontracts for the delivery of items that will be included in or delivered as Work to LOCKHEED XXXXXX. SELLER shall immediately notify LOCKHEED XXXXXX upon learning that any lower tier subcontractor with which it engages has become listed on the Restricted Parties List. (g) SELLER shall be responsible for all losses, costs, claims, causes of action, damages, liabilities and expense, including attorneys' fees, all expense of litigation and/or settlement, and court costs, arising from any act or omission of SELLER, its officers, employees, agents, suppliers, or subcontractors at any tier, in the performance of any of its obligations under this clause.

Export Control. (a) SELLER shall comply comply, and will ensure that its employees, faculty, graduate assistants, and students comply, with all applicable U.S. and non-U.S. export control laws and economic sanctions laws laws, rules and regulations, specifically including including, but not limited to to, the International Traffic in Arms Regulations (“ITAR”), 22 C.F.R. 120 et seq.; the Export Administration RegulationsRegulations (“EAR”), 15 C.F.R. 730-730- 774; and the Foreign Assets Control Regulations, 31 C.F.R. 500-598 598; and EU controls on exports of dual-use items and technology implemented pursuant to Council Regulation (EC) No 428/2009 (collectively, "“Trade Control Laws"”). Without limiting the foregoing, SELLER shall not transfer any export controlled item, technical data, technology, technology or service, services including transfers to foreign persons employed by or associated withincluding its employees, faculty, graduate assistants, and students, or others under contract to SELLER or SELLER's lower lower-tier suppliers, unless authorized in advance by an export license license, (such as e.g., Technical Assistance Agreement (TAA) or Manufacturing License Licensing Agreement (MLA)), license exception or license exemption, exemption (collectively, "“Export Authorization"Authorizations”), as required. (b) SELLER shall notify LOCKHEED XXXXXX if any deliverable under this Contract is restricted by applicable Trade Control Laws. Before providing LOCKHEED XXXXXX any item or data controlled under any of the Trade Control Laws, SELLER shall provide in writing to the LOCKHEED XXXXXX Procurement Representative the export classification of any such item or controlled data (i.e. the export classification under the EAR, ITAR, EU List of Dual Use Items and Technology, Wassenaar ArrangementAgreement’s List of Dual-Use Goods and Technologies or other applicable export control list) and shall will notify the LOCKHEED XXXXXX Procurement Representative in writing of any changes to the export classification information of the item item, technical data or controlled dataservice. SELLER represents that an official authorized to bind the SELLER has determined that the SELLER or the designer, manufacturer, supplier or other source of the Work has properly determined their export classification. (c) SELLER hereby represents that neither SELLER nor any parent, subsidiary or affiliate of SELLER is included on any of the restricted party lists maintained by the U.S. Government, including the Specially Designated Nationals List administered by the U.S. Treasury Department’s Office of Foreign Assets Control (“OFAC”), Denied Parties List, Unverified List or Entity List maintained by the U.S. Commerce Department’s Bureau of Industry and Security (“BIS”), ) or the List of Statutorily Debarred Parties maintained by the U.S. State Department’s Directorate of Defense Trade Controls, or the consolidated list of asset freeze targets designated by the United Nations, European Union, and United Kingdom (collectively, “Restricted Party Lists”). SELLER shall immediately notify the LOCKHEED XXXXXX Procurement Representative if SELLER, SELLER or any parent, subsidiary or affiliate of SELLER SELLER, becomes listed on any Restricted Party List or if SELLER's export privileges are otherwise denied, suspended or revoked in whole or in part by any U.S. or non-U.S. government entity or agency. (d) If SELLER is engaged in the business of exporting exporting, manufacturing (whether exporting or not) or brokering defense articles or furnishing defense services, SELLER represents that it is and will continue to be registered with the Directorate of Defense Trade Controls, as required by the ITAR, and it maintains an effective export/import compliance program in accordance with the ITAR. (e) Where SELLER is a party to or signatory under a LOCKHEED XXXXXX Export Authorization, SELLER shall provide prompt notification to the LOCKHEED XXXXXX Procurement Representative in the event of (1) changed circumstances including, but not limited to, ineligibility, a violation or potential violation of the ITAR or other applicable governmental government restrictions, and the initiation or existence of a U.S. Government investigation, that could affect SELLER's performance under this Contract, or (2) any change by SELLER that might require LOCKHEED XXXXXX to submit an amendment to an existing Export Authorization or request a new or replacement Export Authorization. SELLER shall provide to LOCKHEED XXXXXX all information and documentation as may reasonably be required for LOCKHEED XXXXXX to prepare and submit any required export license Export Authorization applications. Delays on SELLER's part to submit the relevant information for export licenses shall not constitute an excusable delay under this Contract. (f) SELLER shall include paragraphs (a) through (d) and this paragraph (f) of this clause or equivalent provisions in lower tier subcontracts for the delivery of items that will be included in or delivered as Work to LOCKHEED XXXXXX. SELLER shall immediately notify LOCKHEED XXXXXX upon learning that any lower tier subcontractor with which it engages has become listed on the Restricted Parties List. (g) SELLER shall be responsible for all losses, costs, claims, causes of action, damages, liabilities and expense, including attorneys' fees, all expense of litigation and/or settlement, and court costs, arising from any act or omission of SELLER, its officers, employees, agents, suppliers, or subcontractors at any tier, in the performance of any of its obligations under this clause.

Export Control. (a) SELLER shall comply with all applicable U.S. export control laws and economic sanctions laws and regulations, specifically including but not limited to the International Traffic in Arms Regulations (ITAR), 22 C.F.R. 120 et seq.; the Export Administration Regulations, 15 C.F.R. 730-774; and the Foreign Assets Control Regulations, 31 C.F.R. 500-598 (collectively, "Trade Control Laws"). Without limiting the foregoing, SELLER shall not transfer any export controlled item, technical data, technology, or service, including transfers to foreign persons employed by or associated with, or under contract to SELLER or SELLER's lower tier suppliers, unless authorized in advance by an export license (such as Technical Assistance Agreement (TAA) or Manufacturing License Agreement (MLA), license exception or license exemption, collectively, "Export Authorization"), as required. (b) SELLER shall notify LOCKHEED XXXXXX if any deliverable under this Contract is restricted by applicable Trade Control Laws. Before providing LOCKHEED XXXXXX any item or data controlled under any of the Trade Control Laws, SELLER shall provide in writing to the LOCKHEED XXXXXX Procurement Representative the export classification of any such item or controlled data (i.e. the export classification under the EAR, ITAR, EU List of Dual Use Items and Technology, Wassenaar ArrangementAgreement’s List of Dual-Use Goods and Technologies or other applicable export control list) and shall notify the LOCKHEED XXXXXX Procurement Representative in writing of any changes to the export classification information of the item or controlled data. SELLER represents that an official authorized to bind the SELLER has determined that the SELLER or the designer, manufacturer, supplier or other source of the Work has properly determined their export classification. (c) SELLER hereby represents that neither SELLER nor any parent, subsidiary or affiliate of SELLER is included on any of the restricted party lists maintained by the U.S. Government, including the Specially Designated Nationals List administered by the U.S. Treasury Department’s Office of Foreign Assets Control (“OFAC”), Denied Parties List, Unverified List or Entity List maintained by the U.S. Commerce Department’s Bureau of Industry and Security (“BIS”), or the List of Statutorily Debarred Parties maintained by the U.S. State Department’s Directorate of Defense Trade Controls, or the consolidated list of asset freeze targets designated by the United Nations, European Union, and United Kingdom (collectively, “Restricted Party Lists”). SELLER shall immediately notify the LOCKHEED XXXXXX Procurement Representative if SELLER, or any parent, subsidiary or affiliate of SELLER becomes listed on any Restricted Party List or if SELLER's export privileges are otherwise denied, suspended or revoked in whole or in part by any U.S. or non-U.S. government entity or agency. (d) If SELLER is engaged in the business of exporting manufacturing (whether exporting or not) or not)or brokering defense articles or furnishing defense services, SELLER represents that it is and will continue to be registered with the Directorate of Defense Trade Controls, as required by the ITAR, and it maintains an effective export/import compliance program in accordance with the ITAR. (e) Where SELLER is a party to or signatory under a LOCKHEED XXXXXX Export Authorization, SELLER shall provide prompt notification to the LOCKHEED XXXXXX Procurement Representative in the event of (1) changed circumstances including, but not limited to, ineligibility, a violation or potential violation of the ITAR or other applicable governmental restrictions, and the initiation or existence of a U.S. Government investigation, that could affect SELLER's performance under this Contract, or (2) any change by SELLER that might require LOCKHEED XXXXXX to submit an amendment to an existing Export Authorization or request a new or replacement Export Authorization. SELLER shall provide to LOCKHEED XXXXXX all information and documentation as may reasonably be required for LOCKHEED XXXXXX to prepare and submit any required export license applications. Delays on SELLER's part to submit the relevant information for export licenses shall not constitute an excusable delay under this Contract. (f) SELLER shall include paragraphs (a) through (d) and this paragraph (f) of this clause or equivalent provisions in lower tier subcontracts for the delivery of items that will be included in or delivered as Work to LOCKHEED XXXXXX. SELLER shall immediately notify LOCKHEED XXXXXX upon learning that any lower tier subcontractor with which it engages has become listed on the Restricted Parties List. (g) SELLER shall be responsible for all losses, costs, claims, causes of action, damages, liabilities and expense, including attorneys' attorney's fees, all expense of litigation and/or settlement, and court costs, arising from any act or omission of SELLER, its officers, employees, agents, suppliers, or subcontractors at any tier, in the performance of any of its obligations under this clause.

Export Control. (a) SELLER shall comply with all applicable U.S. and non-U.S. sanctions and export control laws and economic sanctions laws laws, rules and regulations, specifically including but not limited to to, the International Traffic in Arms Regulations Regulation (“ITAR”), 22 C.F.R. 120 et seq.; , the Export Administration RegulationsRegulations (“EAR”), 15 C.F.R. 730-774; and , the Foreign Assets Control Regulations, 31 C.F.R. 500-598 and EU controls on exports of dual-use items and technology implemented pursuant to Council Regulation (EC) No. 428/2009, in addition to New Zealand specific laws and regulations including but not limited to the Customs and Excise Act 1996, Custom and Excise Regulation 1996, Customs Export Prohibition Order 2014, “Export Control Act “ and other relevant laws and regulations (collectively, "“Trade Control Laws"”). Without limiting the foregoing, SELLER shall not transfer any export controlled item, technical item or data, technology, or service, including transfers to foreign persons dual/third country nationals employed by or associated with, or under contract to SELLER or SELLER's lower tier suppliers, unless authorized in advance by an export license (such as Technical Assistance Agreement (TAA) or Manufacturing License Agreement (MLA), license exception or license exemption, collectively, "Export Authorization"), other appropriate authority as required. (b) SELLER shall notify LOCKHEED XXXXXX if any deliverable under this Contract is restricted by applicable Trade Control Laws. Before providing LOCKHEED XXXXXX any item or data controlled under any of the Trade Control Laws, SELLER shall provide in writing to the LOCKHEED XXXXXX Procurement Representative the export classification of any such item or controlled data (i.e. the export classification under the EAR, ITAR, EU List of Dual Use Items and Technology, Wassenaar Arrangement’s List of Dual-Use Goods and Technologies or other applicable export control list) and ), and, shall notify the LOCKHEED XXXXXX Procurement Representative in writing of any changes to the export classification information of the item or controlled data. SELLER represents that an official authorized to bind the SELLER has determined that the SELLER or the designer, manufacturer, supplier or other source of the Work has properly determined their export classification. (c) SELLER hereby represents that neither SELLER nor any parent, subsidiary or affiliate of SELLER is included on any of the restricted party lists maintained by the U.S. Government, including the Specially Designated Nationals List administered by the U.S. Treasury Department’s Office of Foreign Assets Control (“OFAC”), Denied Parties List, Unverified List or Entity List maintained by the U.S. Commerce Department’s Bureau of Industry and Security (“BIS”), ) or the List of Statutorily Debarred Parties maintained by the U.S. State Department’s Directorate of Defense Trade Controls, or the consolidated list of asset freeze targets designated by the United Nations, European Union, and United Kingdom (collectively, “Restricted Party Lists”). SELLER shall immediately notify the LOCKHEED XXXXXX Procurement Representative if SELLER, SELLER or any parent, subsidiary or affiliate of SELLER becomes is, or becomes, listed on any Restricted Party List or if SELLER's export privileges are otherwise denied, suspended or revoked in whole or in part by any U.S. or non-U.S. government entity or agency, or by any entity or agency of SELLER's own country. (d) If LOCKHEED XXXXXX ITAR Controlled Technical Data can be provided only to SELLER’s same country national employees. Third country national employees and/or dual country national employees of SELLER is engaged in are not authorized to receive LOCKHEED XXXXXX ITAR Controlled Technical Data without separate authorization and approval by LOCKHEED XXXXXX and the business of exporting manufacturing (whether exporting or not) or brokering defense articles or furnishing defense services, SELLER represents that it is and will continue to be registered with the Directorate of Defense Trade Controls, as required by the ITAR, and it maintains an effective export/import compliance program in accordance with the ITARU.S. Government. (e) Where SELLER is a party to or signatory under a LOCKHEED XXXXXX Export Authorization, SELLER shall provide prompt notification to the LOCKHEED XXXXXX Procurement Representative in the event of (1) changed circumstances including, but not limited to, ineligibility, a violation or potential violation of the ITAR or other applicable governmental restrictions, and the initiation or existence of a U.S. Government government investigation, that could affect SELLER's performance under this Contract, Contract or (2) any change by SELLER that might require LOCKHEED XXXXXX to submit an amendment to an existing Export Authorization or request a new or replacement Export Authorization. SELLER shall provide to LOCKHEED XXXXXX all information and documentation as may reasonably be required for LOCKHEED XXXXXX to prepare and submit any required export license Export Authorization applications. Delays on SELLER's part to submit the relevant information for export licenses shall not constitute an excusable delay under this Contract. (f) If sublicensing is authorized in writing by LOCKHEED XXXXXX and the U.S. Government under a current and applicable TAA (or other Export Authorization), SELLER shall include paragraphs comply with the following: (a1) through Obtain an ITAR Non-Disclosure Agreement (dNDA) in the format approved by the U.S. State Department’s Directorate of Defense Trade Controls (“DDTC”) from each authorized lower-tier Supplier which SELLER will sublicense ITAR Controlled Technical Data to; and (2) Provide a copy of the fully executed ITAR NDA to the LOCKHEED XXXXXX Procurement Representative; and (3) Upon completion of (1) and this paragraph (f2) above, Lockheed Xxxxxx will acknowledge receipt of this clause or equivalent provisions in the NDA and provide authorization to SELLER to provide LOCKHEED XXXXXX ITAR Controlled Technical Data to its authorized lower-tier Suppliers; and (4) SELLER shall not provide LOCKHEED XXXXXX ITAR Controlled Technical Data to a lower-tier Supplier until after items (1) and (2) above have been completed; and (5) LOCKHEED XXXXXX ITAR Controlled Technical Data can be provided to SELLER's lower-tier Supplier's employees within the territory of the authorized country(ies) only; and (6) Third country and dual country national employees of SELLER's authorized lower tier subcontracts for the delivery of items that will be included in or delivered as Work Suppliers are not authorized to LOCKHEED XXXXXX. SELLER shall immediately notify receive LOCKHEED XXXXXX upon learning that any lower tier subcontractor with which it engages has become listed on ITAR Controlled Technical Data without separate authorization and approval by LOCKHEED XXXXXX and the Restricted Parties ListU.S. Government. (g) SELLER shall be responsible for all losses, costs, claims, causes of action, damages, liabilities and expense, including attorneys' attorney’s fees, all expense of litigation and/or settlement, and court costs, arising from any act or omission of SELLER, its officers, employees, agents, suppliers, or subcontractors at any tier, in the performance of any of its obligations under this clause.

Export Control. (a) SELLER The Consultant represents and warrants that it shall comply with all applicable U.S. export control laws and economic sanctions import laws and regulations. Further, specifically including but not limited to by acceptance of this Agreement, the Consultant certifies that he is registered in accordance with the International Traffic in Arms Regulations (ITAR), ) of the United States Department of State [Title 22 C.F.R. 120 et seq.; of the Export Administration Code of Federal Regulations, 15 C.F.R. 730-774; and the Foreign Assets Control RegulationsParts 120 to 130, 31 C.F.R. 500-598 (collectivelyinclusive], "Trade Control Laws")if required. Without limiting the foregoing, SELLER shall not transfer any export controlled itemAny commodities, technical data, technology, or service, including transfers and/or services provided by the Buyer to foreign persons employed by or associated with, or under contract to SELLER or SELLER's lower tier suppliers, unless authorized the Consultant in advance by an export license (such as Technical Assistance connection with this Agreement (TAA) or Manufacturing License Agreement (MLA), license exception or license exemption, collectively, "Export Authorization"hereinafter referred to as “Items Provided by Buyer”), as required. well as any commodities, technical data, and/or services developed or produced therefrom by the Consultant (b) SELLER shall notify LOCKHEED XXXXXX if any deliverable under this Contract is restricted hereinafter referred to as “Items Produced by applicable Trade Control Laws. Before providing LOCKHEED XXXXXX any item or data controlled under any of the Trade Control Laws, SELLER shall provide in writing to the LOCKHEED XXXXXX Procurement Representative the export classification of any such item or controlled data (i.e. the export classification Consultant for Buyer under the EAR, ITAR, EU List terms of Dual Use Items and Technology, Wassenaar Arrangement’s List of Dual-Use Goods and Technologies or other applicable export control list) and shall notify the LOCKHEED XXXXXX Procurement Representative in writing of any changes to the export classification information of the item or controlled data. SELLER represents that an official authorized to bind the SELLER has determined that the SELLER or the designer, manufacturer, supplier or other source of the Work has properly determined their export classification. (c) SELLER hereby represents that neither SELLER nor any parent, subsidiary or affiliate of SELLER is included on any of the restricted party lists maintained by the U.S. Government, including the Specially Designated Nationals List administered by the U.S. Treasury Department’s Office of Foreign Assets Control (“OFACthis Agreement”), Denied Parties Listare subject to the requirements of the ITAR of the United States Department of State [Title 22 of the Code of Federal Regulations, Unverified List or Entity List maintained by Parts 120 to 130, inclusive], the U.S. Export Administration Regulations (EAR) of the United States Department of Commerce Department’s Bureau [Title 15 of Industry and Security (“BIS”)the Code of Federal Regulations, or the List of Statutorily Debarred Parties maintained by the U.S. State Department’s Directorate Parts 768 to 799, inclusive], Department of Defense Trade ControlsDirective 5230.25, or the consolidated list Withholding of asset freeze targets designated by the United Nations, European Union, and United Kingdom (collectively, “Restricted Party Lists”). SELLER shall immediately notify the LOCKHEED XXXXXX Procurement Representative if SELLERUnclassified Technical Data from Public Disclosure, or any parent, subsidiary other applicable laws or affiliate regulations of SELLER becomes listed on any Restricted Party List or if SELLER's export privileges are otherwise denied, suspended or revoked in whole or in part by any U.S. or non-U.S. government entity or agencythe United States. (b) The Consultant represents and warrants that neither the Items Provided by Buyer, nor the Items Produced by Consultant for Buyer under the terms of this Agreement, will be exported, transferred, or disclosed outside the United States or to any foreign person, as defined under ITAR, EAR, or Department of Defense Directive 5230.25 unless any necessary United States Government export license or other authorization has been obtained. The Consultant shall obtain the written consent of the Buyer prior to submitting any application for a license or other authorization under ITAR, EAR and/or Department of Defense Directive 5230.25. c) The Consultant shall obtain the written consent of the Buyer prior to exporting, transferring, or disclosing any Items Provided by the Buyer or Items Produced by Consultant for Buyer under the terms of this Agreement outside the United States or to any foreign person, as defined under ITAR, EAR, or Department of Defense Directive 5230.25. d) If SELLER is engaged in The Consultant shall indemnify and hold the business of exporting manufacturing (whether exporting or not) or brokering defense articles or furnishing defense services, SELLER represents that it is and will continue to be registered with the Directorate of Defense Trade Controls, as required by the ITAR, and it maintains an effective export/import compliance program in accordance with the ITAR. (e) Where SELLER is a party to or signatory under a LOCKHEED XXXXXX Export Authorization, SELLER shall provide prompt notification to the LOCKHEED XXXXXX Procurement Representative in the event of (1) changed circumstances including, but not limited to, ineligibility, a violation or potential violation of the ITAR or other applicable governmental restrictions, and the initiation or existence of a U.S. Government investigation, that could affect SELLER's performance under this Contract, or (2) any change by SELLER that might require LOCKHEED XXXXXX to submit an amendment to an existing Export Authorization or request a new or replacement Export Authorization. SELLER shall provide to LOCKHEED XXXXXX all information and documentation as may reasonably be required for LOCKHEED XXXXXX to prepare and submit any required export license applications. Delays on SELLER's part to submit the relevant information for export licenses shall not constitute an excusable delay under this Contract. (f) SELLER shall include paragraphs (a) through (d) and this paragraph (f) of this clause or equivalent provisions in lower tier subcontracts for the delivery of items that will be included in or delivered as Work to LOCKHEED XXXXXX. SELLER shall immediately notify LOCKHEED XXXXXX upon learning that any lower tier subcontractor with which it engages has become listed on the Restricted Parties List. (g) SELLER shall be responsible Buyer harmless for all lossesclaims, demands, damages, costs, claimsfines, causes of actionpenalties, damages, liabilities and expense, including attorneys' ’ fees, and all expense of litigation and/or settlement, and court costs, other expenses arising from any act or omission of SELLER, its officers, employees, agents, suppliers, or subcontractors at any tier, in the performance of any of its obligations under Consultant’s failure to comply with this clause, the stated statutes and regulations, as they may be amended.

Export Control. (a) SELLER a. Seller shall comply with all applicable U.S. export control laws and economic sanctions import controls laws and regulations, specifically including but not limited to (i) the International Traffic in Arms Regulations (“ITAR), ”) (22 C.F.R. CFR 120 et seq.); (ii) the Export Administration Regulations, Regulations (“EAR”) (15 C.F.R. CFR Part 730-774); and (iii) the Foreign Assets Control Regulations, 31 C.F.R. 500-598 (collectively, "Trade Control Laws"). Without limiting the foregoing, SELLER shall not transfer any export controlled item, technical data, technology, or service, including transfers to foreign persons employed by or associated with, or under contract to SELLER or SELLER's lower tier suppliers, unless authorized in advance by an export license (such as Technical Assistance Agreement (TAA) or Manufacturing License Agreement (MLA), license exception or license exemption, collectively, "Export Authorization"), as required. (b) SELLER shall notify LOCKHEED XXXXXX if any deliverable under this Contract is restricted by applicable Trade Control Laws. Before providing LOCKHEED XXXXXX any item or data controlled under any of the Trade Control Laws, SELLER shall provide in writing to the LOCKHEED XXXXXX Procurement Representative the export classification of any such item or controlled data (i.e. the export classification under the EAR, ITAR, EU List of Dual Use Items and Technology, Wassenaar Arrangement’s List of Dual-Use Goods and Technologies or other applicable export control list) and shall notify the LOCKHEED XXXXXX Procurement Representative in writing of any changes to the export classification information of the item or controlled data. SELLER represents that an official authorized to bind the SELLER has determined that the SELLER or the designer, manufacturer, supplier or other source of the Work has properly determined their export classification. (c) SELLER hereby represents that neither SELLER nor any parent, subsidiary or affiliate of SELLER is included on any of the restricted party lists maintained by the U.S. Government, including the Specially Designated Nationals List regulations administered by the U.S. Treasury Department’s Office of Foreign Assets Control (“OFAC”) (31 CFR Part 500-598), Denied Parties List, Unverified List or Entity List maintained ; (iv) the regulations administered by the U.S. Commerce Department’s Department of Justice, Bureau of Industry Alcohol, Tobacco, Firearms, and Security Explosives (“BISATF”) found in 27 CFR Chapter II; (v) all other applicable b. Seller shall control the disclosure, export, re-export, transfer and retransfer of, and access to, any hardware, software, controlled technical data, technology, and/or services (collectively referred to as “items”) received under this Purchase Order to ensure that any such disclosure, export, re- export, transfer or retransfer is undertaken in accordance with U.S. export control laws and regulations. Seller agrees that no controlled items provided by Buyer in connection with this Purchase Order shall be provided to any person or entity unless the transfer is expressly permitted by a c. Seller shall notify Buyer if any deliverable under this Purchase Order, for which the Seller is the design authority, is subject to U.S. export and import controls laws and regulations described in Paragraph 23(a), . Before providing Buyer any deliverable subject to the EAR or the ITAR, Seller shall provide in writing to the Buyer’s Procurement Representative the export classification of any such item or controlled data, including the export classification of any: (i) dual use goods and technology subject to the EAR, including any embedded ITAR-controlled or EAR 500 or 600 series’ item or technology; (ii) defense article, including any technical data, controlled by the ITAR; and (iii) item or technology controlled by the EU List of Statutorily Debarred Parties maintained Dual Use Items or by other applicable national export control lists. d. If Seller is or has been engaged in the U.S. State Department’s in the business of either exporting, manufacturing or brokering ITAR Items, Seller represents that it is registered and maintains its registration with the Directorate of Defense Trade Controls, or the consolidated list of asset freeze targets designated by the United Nations, European Union, and United Kingdom Controls (collectively, “Restricted Party ListsDDTC”). SELLER , as may be required by 22 C.F.R. 122.1 of the ITAR and that it maintains an effective export/import compliance program in accordance with DDTC guidelines. e. Seller shall immediately notify the LOCKHEED XXXXXX Procurement Representative Buyer if SELLERSeller is, or any parentbecomes, subsidiary listed in the Restricted or affiliate of SELLER becomes listed on any Restricted Party Denied Parties List or if SELLER's Seller’s export privileges are otherwise denied, suspended or revoked in whole or in part by any U.S. or non-U.S. government Government entity or agency. (d) If SELLER is engaged in the business of exporting manufacturing (whether exporting or not) or brokering defense articles or furnishing defense services, SELLER represents that it is and will continue to be registered with the Directorate of Defense Trade Controls, as required by the ITAR, and it maintains an effective export/import compliance program in accordance with the ITAR. (e) . Where SELLER Seller is a party to or signatory under a LOCKHEED XXXXXX Export AuthorizationCompany export license or export agreement (e.g., SELLER Technical Assistance Agreement, Manufacturing License Agreement), Seller shall provide prompt notification to the LOCKHEED XXXXXX Procurement Representative Buyer in the event of (1) changed circumstances including, but not limited to, ineligibility, a violation or potential violation of the ITAR any U.S. Export Control Law, or other applicable governmental restrictions, and the initiation or existence of a U.S. Government investigation, investigation that could affect SELLER's the Seller’s performance under this Contract, or (2) any change by SELLER that might require LOCKHEED XXXXXX to submit an amendment to an existing Export Authorization or request a new or replacement Export Authorization. SELLER shall provide to LOCKHEED XXXXXX all information and documentation as may reasonably be required for LOCKHEED XXXXXX to prepare and submit any required export license applications. Delays on SELLER's part to submit the relevant information for export licenses shall not constitute an excusable delay under this Contract. (f) SELLER shall include paragraphs (a) through (d) and this paragraph (f) of this clause or equivalent provisions in lower tier subcontracts for the delivery of items that will be included in or delivered as Work to LOCKHEED XXXXXX. SELLER shall immediately notify LOCKHEED XXXXXX upon learning that any lower tier subcontractor with which it engages has become listed on the Restricted Parties List. (g) SELLER shall be responsible for all losses, costs, claims, causes of action, damages, liabilities and expense, including attorneys' fees, all expense of litigation and/or settlement, and court costs, arising from any act or omission of SELLER, its officers, employees, agents, suppliers, or subcontractors at any tier, in the performance of any of its obligations under this clause.

Export Control. (a) SELLER shall comply with all applicable United Kingdom, European Union (EU), U.S. and other sanctions and export control laws and economic sanctions laws laws, rules and regulations, specifically including including, but not limited to to, the International Traffic in Arms Regulations Regulation (“ITAR”), 22 C.F.R. 120 et seq.; , the Export Administration RegulationsRegulations (“EAR”), 15 C.F.R. 730-774; and , the Foreign Assets Control Regulations, 31 C.F.R. 500-598 598, where applicable, E.U. controls on exports of dual-use items and technology implemented pursuant to Regulation (EU) 2021/821 (as amended), and the U.K. controls on exports in the Export Control Act 2002, Export Control Order 2008 (as amended) and the Retained Dual-Use Regulation (collectively, "“Trade Control Laws")”) and any re-enactment or modification thereof. Items, technical data and services controlled by Trade Control Laws are referred to in this clause respectively as “export controlled” items, technical data and services. Without limiting the foregoing, SELLER shall agrees that it will not transfer any export controlled item, item or technical data, technology, or provide any export controlled service, including transfers or provision of services to foreign persons any non-UK national employed by or associated with, or under contract to SELLER or to any third party including SELLER's lower tier supplierssubcontractors, unless authorized authorised in advance by an export license (such as Technical Assistance Agreement (TAA) or Manufacturing License Agreement (MLA)authorization, license licence, licence exception or license exemption, licence exemption (collectively, "“Export Authorization"Authorisation”), as required. (b) SELLER shall notify LOCKHEED XXXXXX if any deliverable under this Contract including any service to be provided is restricted by applicable Trade Control Laws. Before providing LOCKHEED XXXXXX any item export controlled item, technical data or data controlled under any of the Trade Control Laws, service SELLER shall provide in writing to the LOCKHEED XXXXXX Procurement Representative the export classification of any such item item, technical data or controlled data (i.e. the export classification service under the EAR, ITAR, EU List of Dual Use Items applicable Trade Control Laws and Technology, Wassenaar Arrangement’s List of Dual-Use Goods and Technologies or other applicable export control list) and shall will notify the LOCKHEED XXXXXX Procurement Representative in writing of any changes to the export classification information of regarding the item item, technical data or controlled dataservice. SELLER represents that an official authorized authorised to bind the SELLER has determined that the SELLER or the designer, manufacturer, supplier or other source of the Work items or services has properly determined their export classification. (c) Where SELLER hereby is a signatory under a LOCKHEED XXXXXX Export Authorisation, SELLER shall provide prompt notification to the LOCKHEED XXXXXX Procurement Representative in the event of (i) changed circumstances including, but not limited to, ineligibility, a violation or potential violation of export or other applicable governmental restrictions, and the initiation or existence of a government investigation, that could affect SELLER's performance under this Contract; or (ii) any change by SELLER that might require LOCKHEED XXXXXX to submit an amendment to an existing Export Authorisation or request a new or replacement Export Authorisation. SELLER shall provide to LOCKHEED XXXXXX all information and documentation as may reasonably be required for LOCKHEED XXXXXX to prepare and submit any required Export Authorisation applications. Delays on SELLER's part to submit the relevant information for Export Authorisations shall not constitute an excusable delay under the Excusable Delay clause of this Contract. (d) SELLER represents that neither SELLER nor any parent, subsidiary or affiliate of SELLER is included on any of the restricted party lists maintained by the U.S. Government, including the Specially Designated Nationals List administered by the U.S. Treasury Department’s Office of Foreign Assets Control (“OFAC”), Denied Parties List, Unverified List or Entity List maintained by the U.S. Commerce Department’s Bureau of Industry and Security (“BIS”), ) or the List of Statutorily Debarred Parties maintained by the U.S. State Department’s Directorate of Defense Trade Controls, or the consolidated list of asset freeze targets designated by the United Nations, European Union, and United Kingdom (collectively, “Restricted Party Lists”). SELLER shall immediately notify the LOCKHEED XXXXXX Procurement Representative if SELLER, SELLER or any parent, subsidiary or affiliate of SELLER becomes is, or becomes, listed on any Restricted Party List or if SELLER's export privileges are otherwise denied, suspended or revoked in whole or in part by any U.S. United Kingdom, or non-U.S. government other relevant governmental entity or agency. (de) If SELLER shall immediately notify LOCKHEED XXXXXX upon learning that any subcontractor or lower-tier supplier with which it engages or the country in which it or such subcontractor or supplier is engaged in based has become listed on the business of exporting manufacturing (whether exporting or not) or brokering defense articles or furnishing defense services, SELLER represents that it is and will continue to be registered with the Directorate of Defense Trade Controls, as required by the ITAR, and it maintains an effective export/import compliance program in accordance with the ITARRestricted Party Lists. (ef) Where SELLER is a party to or signatory use technical data controlled under a LOCKHEED XXXXXX applicable Trade Control Laws for the performance of the Work SELLER shall comply with the following: (1) The technical data shall be used only to perform the Work required by this Contract; and (2) The data shall not be disclosed to any person not authorized for receipt of the data under an applicable Export Authorization; and (3) Any rights in the data may not be acquired by any foreign person; and (4) SELLER, including lower tier subcontractors, shall return, or at LOCKHEED XXXXXX’x direction, destroy, all of the technical data exported to SELLER pursuant to this Contract upon fulfilment of its terms; and (5) Unless otherwise directed by LOCKHEED XXXXXX, SELLER shall provide prompt notification deliver the Work only to LOCKHEED XXXXXX; and (6) SELLER shall include the terms of this paragraph (e) in all lower tier subcontracts issued under which technical data is provided to a lower tier subcontractor. (7) LOCKHEED XXXXXX Procurement Representative in the event of (1) changed circumstances including, but not limited to, ineligibility, a violation or potential violation ITAR Controlled Technical Data can be provided only to nationals of the ITAR or other applicable governmental restrictions, and the initiation or existence of a U.S. Government investigation, that could affect SELLER's performance under this Contract, or (2) any change by same country in which SELLER that might require LOCKHEED XXXXXX to submit an amendment to an existing Export Authorization or request a new or replacement Export Authorizationis located. SELLER shall provide not permit third country national employees and/or employees with dual country nationality to access LOCKHEED XXXXXX all information ITAR Controlled Technical Data without separate authorisation and documentation as may reasonably be required for approval by LOCKHEED XXXXXX to prepare and submit any required export license applications. Delays on SELLER's part to submit the relevant information for export licenses shall not constitute an excusable delay under this ContractU.S. Government. (fg) SELLER shall include paragraphs (a) through to (b) inclusive and (d) and to this paragraph (fg) inclusive of this clause or equivalent provisions in lower tier subcontracts for the delivery of items that will be included in or delivered furnished as Work to LOCKHEED XXXXXX. SELLER shall immediately notify LOCKHEED XXXXXX upon learning that any lower tier subcontractor with which it engages has become listed on the Restricted Parties List. (gh) SELLER shall be responsible for all losses, costs, claims, causes of action, damages, liabilities and expense, including attorneys' attorney's fees, all expense of litigation and/or settlement, and court costs, arising from any act or omission of SELLER, its officers, employees, agents, suppliers, or subcontractors at any tier, in the performance of any of its obligations under this clause.

Export Control. (a) SELLER shall agrees to comply with all applicable in country and U.S. export control laws and economic sanctions laws and regulations, specifically including for the U.S., but not limited to to, the requirements of the Arms Export Control Act, 22 U.S.C. 2751‐2794, including the International Traffic in Arms Regulations Regulation (ITAR), 22 C.F.R. 120 et seq.; and the Export Administration Regulations, 15 C.F.R. 730-774730‐774; and including the Foreign Assets Control Regulations, 31 C.F.R. 500-598 (collectively, "Trade Control Laws"). Without limiting the foregoing, SELLER shall not transfer requirement for obtaining any export controlled itemlicense or agreement, technical data, technology, or service, including transfers to foreign persons employed by or associated with, or under contract to SELLER or SELLER's lower tier suppliers, unless authorized in advance by an export license (such as Technical Assistance Agreement (TAA) or Manufacturing License Agreement (MLA), license exception or license exemption, collectively, "Export Authorization"), as requiredif applicable. (b) SELLER shall agrees to notify LOCKHEED XXXXXX if any deliverable under this Contract is restricted by applicable Trade Control Laws. Before providing LOCKHEED XXXXXX any item or data controlled under any of the Trade Control Laws, SELLER shall provide in writing to the LOCKHEED XXXXXX Procurement Representative the export classification of any such item or controlled data (i.e. the export classification under the EAR, ITAR, EU List of Dual Use Items and Technology, Wassenaar Arrangement’s List of Dual-Use Goods and Technologies or other applicable export control list) and shall notify the LOCKHEED XXXXXX Procurement Representative in writing of any changes to the export classification information of the item laws or controlled data. SELLER represents that an official authorized to bind the SELLER has determined that the SELLER or the designer, manufacturer, supplier or other source of the Work has properly determined their export classificationregulations. (c) SELLER hereby represents that neither SELLER nor any parent, subsidiary or affiliate of SELLER is included on any of the restricted party lists maintained by the U.S. Government, including the Specially Designated Nationals List administered by the U.S. Treasury Department’s Office of Foreign Assets Control (“OFAC”), Denied Parties List, Unverified List or Entity List maintained by the U.S. Commerce Department’s Bureau of Industry and Security (“BIS”), or the List of Statutorily Debarred Parties maintained by the U.S. State Department’s Directorate of Defense Trade Controls, or the consolidated list of asset freeze targets designated by the United Nations, European Union, and United Kingdom (collectively, “Restricted Party Lists”). SELLER shall immediately notify the LOCKHEED XXXXXX Procurement Representative if SELLERSELLER is, or becomes, listed in any parent, subsidiary or affiliate of SELLER becomes listed on any Restricted Party Denied Parties List or if SELLER's export privileges are otherwise denied, suspended or revoked in whole or in part by any U.S. or non-U.S. government Government entity or agency, or by any entity or agency of SELLER's own country. (d) If LOCKHEED XXXXXX ITAR Controlled Technical Data can be provided to SELLER's same country national employees ONLY. Third Country national employees of SELLER is engaged in are not authorized to receive LOCKHEED XXXXXX ITAR Controlled Technical Data without separate authorization and approval by LOCKHEED XXXXXX and the business of exporting manufacturing (whether exporting or not) or brokering defense articles or furnishing defense services, SELLER represents that it is and will continue to be registered with the Directorate of Defense Trade Controls, as required by the ITAR, and it maintains an effective export/import compliance program in accordance with the ITARU.S. Government. (e) If the technical data required to perform this Contract is exported pursuant to ITAR 124.13 to SELLER under a DSP‐5, Offshore Procurement license, SELLER shall comply with the following: (1) The technical data shall be used only to manufacture the Work required by this Contract; and (2) The data shall not be disclosed to any other person except lower‐tier subcontractors within the same country; and (3) Any rights in the data may not be acquired by any foreign person; and (4) SELLER, including lower‐tier subcontractors, shall return, or at LOCKHEED XXXXXX'x direction, destroy all of the technical data exported to SELLER pursuant to this Contract upon fulfillment of its terms; and (5) Unless otherwise directed by LOCKHEED XXXXXX, SELLER shall deliver the Work only to LOCKHEED XXXXXX or to an agency of the U.S. Government. (6) SELLER shall include the terms of this paragraph (e) in all lower‐tier subcontracts issued when technical data is provided to the lower‐tier subcontractor. (f) Where SELLER is a party to or signatory under a LOCKHEED XXXXXX Export Authorizationexport license or export agreement (e.g., TAA, MLA), SELLER shall provide prompt notification to the LOCKHEED XXXXXX Procurement Representative in the event of (1) changed circumstances including, but not limited to, ineligibility, a violation or potential violation of the ITAR or other applicable governmental restrictionsITAR, and the initiation or existence of a U.S. Government investigation, that could affect SELLER's performance under this Contract, or (2) any change by SELLER that might require LOCKHEED XXXXXX to submit an amendment to an existing Export Authorization or request a new or replacement Export Authorization. SELLER shall provide to LOCKHEED XXXXXX all information and documentation as may reasonably be required for LOCKHEED XXXXXX to prepare and submit any required export license applications. Delays on SELLER's part to submit the relevant information for export licenses shall not constitute an excusable delay under this Contract. (f) SELLER shall include paragraphs (a) through (d) and this paragraph (f) of this clause or equivalent provisions in lower tier subcontracts for the delivery of items that will be included in or delivered as Work to LOCKHEED XXXXXX. SELLER shall immediately notify LOCKHEED XXXXXX upon learning that any lower tier subcontractor with which it engages has become listed on the Restricted Parties List. (g) If Sublicensing in authorized in writing by LOCKHEED XXXXXX and the U.S. Government under the export agreement, SELLER shall comply with the following: (1) Obtain an ITAR Non‐Disclosure Agreement (NDA) from each authorized lower‐tier Supplier which SELLER will sublicense ITAR controlled technical data to; and (2) Provide a copy of the fully executed ITAR NDA to the LOCKHEED XXXXXX Procurement Representative; and then (3) Upon completion of (i) and (ii) above, Lockheed Xxxxxx will acknowledge receipt of the NDA and provide authorization to SELLER to provide LOCKHEED XXXXXX ITAR Controlled Technical Data to its authorized lower‐tier Suppliers; (4) LOCKHEED XXXXXX ITAR Controlled Technical Data can be provided to SELLER's authorized lower‐tier Supplier's national employees only; (5) Third Country national employees of SELLER's authorized lower‐tier Suppliers are not authorized to receive LOCKHEED XXXXXX ITAR Controlled Technical Data without separate authorization and approval by LOCKHEED XXXXXX and the U.S. Government. (h) SELLER shall be responsible for all losses, costs, claims, causes of action, damages, liabilities and expense, including attorneys' fees, all expense of litigation and/or settlement, and court costs, arising from any act or omission of SELLER, its officers, employees, agents, suppliers, or subcontractors at any tier, in the performance of any of its obligations under this clause.

Export Control. (a) SELLER shall comply with all applicable United Kingdom, European Union (EU), U.S. and other sanctions and export control laws and economic sanctions laws laws, rules and regulations, specifically including including, but not limited to to, the International Traffic in Arms Regulations Regulation (“ITAR”), 22 C.F.R. 120 et seq.; , the Export Control Act, the Export Administration RegulationsRegulations (“EAR”), 15 C.F.R. 730-774; and , the Foreign Assets Control Regulations, 31 C.F.R. 500-598 598, E.U. controls on exports of dual-use items and technology implemented pursuant to Council Regulation (EC) No. 428/2009 and U.K. controls on exports of strategic items and technology implemented pursuant to the Export Control Act 2002 and the Export Control Order 2008 (SI 2008/3231) (collectively, "“Trade Control Laws")”) and any re-enactment or modification thereof. Items, technical data and services controlled by Trade Control Laws are referred to in this clause respectively as “export controlled” items, technical data and services. Without limiting the foregoing, SELLER shall agrees that it will not transfer any export controlled item, item or technical data, technology, or provide any export controlled service, including transfers or provision of services to foreign persons any non-UK national employed by or associated with, or under contract to SELLER or to any third party including SELLER's lower tier supplierssubcontractors, unless authorized authorised in advance by an export license (such as Technical Assistance Agreement (TAA) or Manufacturing License Agreement (MLA)authorization, license licence, licence exception or license exemption, licence exemption (collectively, "“Export Authorization"Authorisation”), as required. (b) SELLER shall notify LOCKHEED XXXXXX if any deliverable under this Contract including any service to be provided is restricted by applicable Trade Control Laws. Before providing LOCKHEED XXXXXX any item export controlled item, technical data or data controlled under any of the Trade Control Laws, service SELLER shall provide in writing to the LOCKHEED XXXXXX Procurement Representative the export classification of any such item item, technical data or controlled data (i.e. the export classification service under the EAR, ITAR, EU List of Dual Use Items applicable Trade Control Laws and Technology, Wassenaar Arrangement’s List of Dual-Use Goods and Technologies or other applicable export control list) and shall will notify the LOCKHEED XXXXXX Procurement Representative in writing of any changes to the export classification information of regarding the item item, technical data or controlled dataservice. SELLER represents that an official authorized authorised to bind the SELLER has determined that the SELLER or the designer, manufacturer, supplier or other source of the Work items or services has properly determined their export classification. (c) Where SELLER hereby is a signatory under a LOCKHEED XXXXXX Export Authorisation, SELLER shall provide prompt notification to the LOCKHEED XXXXXX Procurement Representative in the event of (i) changed circumstances including, but not limited to, ineligibility, a violation or potential violation of export or other applicable governmental restrictions, and the initiation or existence of a government investigation, that could affect SELLER's performance under this Contract; or (ii) any change by SELLER that might require LOCKHEED XXXXXX to submit an amendment to an existing Export Authorisation or request a new or replacement Export Authorisation. SELLER shall provide to LOCKHEED XXXXXX all information and documentation as may reasonably be required for LOCKHEED XXXXXX to prepare and submit any required Export Authorisation applications. Delays on SELLER's part to submit the relevant information for Export Authorisations shall not constitute an excusable delay under the Excusable Delay clause of this Contract. (d) SELLER represents that neither SELLER nor any parent, subsidiary or affiliate of SELLER is included on any of the restricted party lists maintained by the U.S. Government, including the Specially Designated Nationals List administered by the U.S. Treasury Department’s Office of Foreign Assets Control (“OFAC”), Denied Parties List, Unverified List or Entity List maintained by the U.S. Commerce Department’s Bureau of Industry and Security (“BIS”), ) or the List of Statutorily Debarred Parties maintained by the U.S. State Department’s Directorate of Defense Trade Controls, or the consolidated list of asset freeze targets designated by the United Nations, European Union, and United Kingdom (collectively, “Restricted Party Lists”). SELLER shall immediately notify the LOCKHEED XXXXXX Procurement Representative if SELLER, SELLER or any parent, subsidiary or affiliate of SELLER becomes is, or becomes, listed on any Restricted Party List or if SELLER's export privileges are otherwise denied, suspended or revoked in whole or in part by any U.S. United Kingdom, or non-U.S. government other relevant governmental entity or agency. (de) If SELLER shall immediately notify LOCKHEED XXXXXX upon learning that any subcontractor or lower-tier supplier with which it engages or the country in which it or such subcontractor or supplier is engaged in based has become listed on the business of exporting manufacturing (whether exporting or not) or brokering defense articles or furnishing defense services, SELLER represents that it is and will continue to be registered with the Directorate of Defense Trade Controls, as required by the ITAR, and it maintains an effective export/import compliance program in accordance with the ITARRestricted Party Lists. (ef) Where SELLER is a party to or signatory use technical data controlled under a LOCKHEED XXXXXX applicable Trade Control Laws for the performance of the Work SELLER shall comply with the following: (1) The technical data shall be used only to perform the Work required by this Contract; and (2) The data shall not be disclosed to any person not authorized for receipt of the data under an applicable Export Authorization; and (3) Any rights in the data may not be acquired by any foreign person; and (4) SELLER, including lower tier subcontractors, shall return, or at LOCKHEED XXXXXX’x direction, destroy, all of the technical data exported to SELLER pursuant to this Contract upon fulfilment of its terms; and (5) Unless otherwise directed by LOCKHEED XXXXXX, SELLER shall provide prompt notification deliver the Work only to LOCKHEED XXXXXX; and (6) SELLER shall include the terms of this paragraph (e) in all lower tier subcontracts issued under which technical data is provided to a lower tier subcontractor. (7) LOCKHEED XXXXXX Procurement Representative in the event of (1) changed circumstances including, but not limited to, ineligibility, a violation or potential violation ITAR Controlled Technical Data can be provided only to nationals of the ITAR or other applicable governmental restrictions, and the initiation or existence of a U.S. Government investigation, that could affect SELLER's performance under this Contract, or (2) any change by same country in which SELLER that might require LOCKHEED XXXXXX to submit an amendment to an existing Export Authorization or request a new or replacement Export Authorizationis located. SELLER shall provide not permit third country national employees and/or employees with dual country nationality to access LOCKHEED XXXXXX all information ITAR Controlled Technical Data without separate authorisation and documentation as may reasonably be required for approval by LOCKHEED XXXXXX to prepare and submit any required export license applications. Delays on SELLER's part to submit the relevant information for export licenses shall not constitute an excusable delay under this ContractU.S. Government. (fg) SELLER shall include paragraphs (a) through to (b) inclusive and (d) and to this paragraph (fg) inclusive of this clause or equivalent provisions in lower tier subcontracts for the delivery of items that will be included in or delivered furnished as Work to LOCKHEED XXXXXX. SELLER shall immediately notify LOCKHEED XXXXXX upon learning that any lower tier subcontractor with which it engages has become listed on the Restricted Parties List. (gh) SELLER shall be responsible for all losses, costs, claims, causes of action, damages, liabilities and expense, including attorneys' attorney's fees, all expense of litigation and/or settlement, and court costs, arising from any act or omission of SELLER, its officers, employees, agents, suppliers, or subcontractors at any tier, in the performance of any of its obligations under this clause.

Export Control. (a) SELLER shall comply with all applicable United Kingdom, European Union (EU), U.S. and other sanctions and export control laws and economic sanctions laws laws, rules and regulations, specifically including including, but not limited to to, the International Traffic in Arms Regulations Regulation (“ITAR”), 22 C.F.R. 120 et seq.; , the Export Administration RegulationsRegulations (“EAR”), 15 C.F.R. 730-774; and , the Foreign Assets Control Regulations, 31 C.F.R. 500-598 598, E.U. controls on exports of dual-use items and technology implemented pursuant to Regulation (EU) 2021/821 (as amended), and the U.K. controls on exports in the Export Control Act 2002, Export Control Order 2008 (as amended) and the Retained Dual-Use Regulation (collectively, "“Trade Control Laws")”) and any re-enactment or modification thereof. Items, technical data and services controlled by Trade Control Laws are referred to in this clause respectively as “export controlled” items, technical data and services. Without limiting the foregoing, SELLER shall agrees that it will not transfer any export controlled item, item or technical data, technology, or provide any export controlled service, including transfers or provision of services to foreign persons any non-UK national employed by or associated with, or under contract to SELLER or to any third party including SELLER's lower tier supplierssubcontractors, unless authorized authorised in advance by an export license (such as Technical Assistance Agreement (TAA) or Manufacturing License Agreement (MLA)authorization, license licence, licence exception or license exemption, licence exemption (collectively, "“Export Authorization"Authorisation”), as required. (b) SELLER shall notify LOCKHEED XXXXXX if any deliverable under this Contract including any service to be provided is restricted by applicable Trade Control Laws. Before providing LOCKHEED XXXXXX any item export controlled item, technical data or data controlled under any of the Trade Control Laws, service SELLER shall provide in writing to the LOCKHEED XXXXXX Procurement Representative the export classification of any such item item, technical data or controlled data (i.e. the export classification service under the EAR, ITAR, EU List of Dual Use Items applicable Trade Control Laws and Technology, Wassenaar Arrangement’s List of Dual-Use Goods and Technologies or other applicable export control list) and shall will notify the LOCKHEED XXXXXX Procurement Representative in writing of any changes to the export classification information of regarding the item item, technical data or controlled dataservice. SELLER represents that an official authorized authorised to bind the SELLER has determined that the SELLER or the designer, manufacturer, supplier or other source of the Work items or services has properly determined their export classification. (c) Where SELLER hereby is a signatory under a LOCKHEED XXXXXX Export Authorisation, SELLER shall provide prompt notification to the LOCKHEED XXXXXX Procurement Representative in the event of (i) changed circumstances including, but not limited to, ineligibility, a violation or potential violation of export or other applicable governmental restrictions, and the initiation or existence of a government investigation, that could affect SELLER's performance under this Contract; or (ii) any change by SELLER that might require LOCKHEED XXXXXX to submit an amendment to an existing Export Authorisation or request a new or replacement Export Authorisation. SELLER shall provide to LOCKHEED XXXXXX all information and documentation as may reasonably be required for LOCKHEED XXXXXX to prepare and submit any required Export Authorisation applications. Delays on SELLER's part to submit the relevant information for Export Authorisations shall not constitute an excusable delay under the Excusable Delay clause of this Contract. (d) SELLER represents that neither SELLER nor any parent, subsidiary or affiliate of SELLER is included on any of the restricted party lists maintained by the U.S. Government, including the Specially Designated Nationals List administered by the U.S. Treasury Department’s Office of Foreign Assets Control (“OFAC”), Denied Parties List, Unverified List or Entity List maintained by the U.S. Commerce Department’s Bureau of Industry and Security (“BIS”), ) or the List of Statutorily Debarred Parties maintained by the U.S. State Department’s Directorate of Defense Trade Controls, or the consolidated list of asset freeze targets designated by the United Nations, European Union, and United Kingdom (collectively, “Restricted Party Lists”). SELLER shall immediately notify the LOCKHEED XXXXXX Procurement Representative if SELLER, SELLER or any parent, subsidiary or affiliate of SELLER becomes is, or becomes, listed on any Restricted Party List or if SELLER's export privileges are otherwise denied, suspended or revoked in whole or in part by any U.S. United Kingdom, or non-U.S. government other relevant governmental entity or agency. (de) If SELLER shall immediately notify LOCKHEED XXXXXX upon learning that any subcontractor or lower-tier supplier with which it engages or the country in which it or such subcontractor or supplier is engaged in based has become listed on the business of exporting manufacturing (whether exporting or not) or brokering defense articles or furnishing defense services, SELLER represents that it is and will continue to be registered with the Directorate of Defense Trade Controls, as required by the ITAR, and it maintains an effective export/import compliance program in accordance with the ITARRestricted Party Lists. (ef) Where SELLER is a party to or signatory use technical data controlled under a LOCKHEED XXXXXX applicable Trade Control Laws for the performance of the Work SELLER shall comply with the following: (1) The technical data shall be used only to perform the Work required by this Contract; and (2) The data shall not be disclosed to any person not authorized for receipt of the data under an applicable Export Authorization; and (3) Any rights in the data may not be acquired by any foreign person; and (4) SELLER, including lower tier subcontractors, shall return, or at LOCKHEED XXXXXX’x direction, destroy, all of the technical data exported to SELLER pursuant to this Contract upon fulfilment of its terms; and (5) Unless otherwise directed by LOCKHEED XXXXXX, SELLER shall provide prompt notification deliver the Work only to LOCKHEED XXXXXX; and (6) SELLER shall include the terms of this paragraph (e) in all lower tier subcontracts issued under which technical data is provided to a lower tier subcontractor. (7) LOCKHEED XXXXXX Procurement Representative in the event of (1) changed circumstances including, but not limited to, ineligibility, a violation or potential violation ITAR Controlled Technical Data can be provided only to nationals of the ITAR or other applicable governmental restrictions, and the initiation or existence of a U.S. Government investigation, that could affect SELLER's performance under this Contract, or (2) any change by same country in which SELLER that might require LOCKHEED XXXXXX to submit an amendment to an existing Export Authorization or request a new or replacement Export Authorizationis located. SELLER shall provide not permit third country national employees and/or employees with dual country nationality to access LOCKHEED XXXXXX all information ITAR Controlled Technical Data without separate authorisation and documentation as may reasonably be required for approval by LOCKHEED XXXXXX to prepare and submit any required export license applications. Delays on SELLER's part to submit the relevant information for export licenses shall not constitute an excusable delay under this ContractU.S. Government. (fg) SELLER shall include paragraphs (a) through to (b) inclusive and (d) and to this paragraph (fg) inclusive of this clause or equivalent provisions in lower tier subcontracts for the delivery of items that will be included in or delivered furnished as Work to LOCKHEED XXXXXX. SELLER shall immediately notify LOCKHEED XXXXXX upon learning that any lower tier subcontractor with which it engages has become listed on the Restricted Parties List. (gh) SELLER shall be responsible for all losses, costs, claims, causes of action, damages, liabilities and expense, including attorneys' attorney's fees, all expense of litigation and/or settlement, and court costs, arising from any act or omission of SELLER, its officers, employees, agents, suppliers, or subcontractors at any tier, in the performance of any of its obligations under this clause.

Export Control. (a) SELLER shall comply with all applicable United Kingdom, European Union (EU), U.S. and other sanctions and export control laws and economic sanctions laws laws, rules and regulations, specifically including including, but not limited to to, the International Traffic in Arms Regulations Regulation (“ITAR”), 22 C.F.R. 120 et seq.; , the Export Administration RegulationsRegulations (“EAR”), 15 C.F.R. 730-774; and , the Foreign Assets Control Regulations, 31 C.F.R. 500-598 598, E.U. controls on exports of dual-use items and technology implemented pursuant to Regulation (EU) 2021/821 (as amended), and the U.K. controls on exports in the Export Control Act 2002, Export Control Order 2008 (as amended) and the Retained Dual-Use Regulation (collectively, "“Trade Control Laws")”) and any re-enactment or modification thereof. Items, technical data and services controlled by Trade Control Laws are referred to in this clause respectively as “export controlled” items, technical data and services. Without limiting the foregoing, SELLER shall agrees that it will not transfer any export controlled item, item or technical data, technology, or provide any export controlled service, including transfers or provision of services to foreign persons any non-UK national employed by or associated with, or under contract to SELLER or to any third party including SELLER's lower tier supplierssubcontractors, unless authorized authorised in advance by an export license (such as Technical Assistance Agreement (TAA) or Manufacturing License Agreement (MLA)authorization, license licence, licence exception or license exemption, licence exemption (collectively, "“Export Authorization"Authorisation”), as required. (b) SELLER shall notify LOCKHEED XXXXXX if any deliverable under this Contract including any service to be provided is restricted by applicable Trade Control Laws. Before providing LOCKHEED XXXXXX any item export controlled item, technical data or data controlled under any of the Trade Control Laws, service SELLER shall provide in writing to the LOCKHEED XXXXXX Procurement Representative the export classification of any such item item, technical data or controlled data (i.e. the export classification service under the EAR, ITAR, EU List of Dual Use Items applicable Trade Control Laws and Technology, Wassenaar Arrangement’s List of Dual-Use Goods and Technologies or other applicable export control list) and shall will notify the LOCKHEED XXXXXX Procurement Representative in writing of any changes to the export classification information of regarding the item item, technical data or controlled dataservice. SELLER represents that an official authorized authorised to bind the SELLER has determined that the SELLER or the designer, manufacturer, supplier or other source of the Work items or services has properly determined their export classification. (c) Where SELLER hereby is a signatory under a LOCKHEED XXXXXX Export Authorisation, SELLER shall provide prompt notification to the LOCKHEED XXXXXX Procurement Representative in the event of (i) changed circumstances including, but not limited to, ineligibility, a violation or potential violation of export or other applicable governmental restrictions, and the initiation or existence of a government investigation, that could affect SELLER's performance under this Contract; or (ii) any change by SELLER that might require LOCKHEED XXXXXX to submit an amendment to an existing Export Authorisation or request a new or replacement Export Authorisation. SELLER shall provide to LOCKHEED XXXXXX all information and documentation as may reasonably be required for LOCKHEED XXXXXX to prepare and submit any required Export Authorisation applications. Delays on SELLER's part to submit the relevant information for Export Authorisations shall not constitute an excusable delay under the Excusable Delay clause of this Contract. (d) SELLER represents that neither SELLER nor any parent, subsidiary or affiliate of SELLER is included on any of the restricted party lists maintained by the U.S. Government, including the Specially Designated Nationals List administered by the U.S. Treasury Department’s Office of Foreign Assets Control (“OFAC”), Denied Parties List, Unverified List or Entity List maintained by the U.S. Commerce Department’s Bureau of Industry and Security (“BIS”), ) or the List of Statutorily Debarred Parties maintained by the U.S. State Department’s Directorate of Defense Trade Controls, or the consolidated list of asset freeze targets designated by the United Nations, European Union, and United Kingdom (collectively, “Restricted Party Lists”). SELLER shall immediately notify the LOCKHEED XXXXXX Procurement Representative if SELLER, SELLER or any parent, subsidiary or affiliate of SELLER becomes is, or becomes, listed on any Restricted Party List or if SELLER's export privileges are otherwise denied, suspended or revoked in whole or in part by any U.S. United Kingdom, or non-U.S. government other relevant governmental entity or agency. (de) If SELLER shall immediately notify LOCKHEED XXXXXX upon learning that any subcontractor or lower-tier supplier with which it engages or the country in which it or such subcontractor or supplier is engaged in based has become listed on the business of exporting manufacturing (whether exporting or not) or brokering defense articles or furnishing defense services, SELLER represents that it is and will continue to be registered with the Directorate of Defense Trade Controls, as required by the ITAR, and it maintains an effective export/import compliance program in accordance with the ITARRestricted Party Lists. (ef) Where SELLER is a party to or signatory use technical data controlled under a LOCKHEED XXXXXX applicable Trade Control Laws for the performance of the Work SELLER shall comply with the following: (1) The technical data shall be used only to perform the Work required by this Contract; and (2) The data shall not be disclosed to any person not authorized for receipt of the data under an applicable Export Authorization; and (3) Any rights in the data may not be acquired by any foreign person; and (4) SELLER, including lower tier subcontractors, shall return, or at LOCKHEED XXXXXX’x direction, destroy, all of the technical data exported to SELLER pursuant to this Contract upon fulfilment of its terms; and (5) Unless otherwise directed by LOCKHEED XXXXXX, SELLER shall provide prompt notification deliver the Work only to LOCKHEED XXXXXX; and (6) SELLER shall include the terms of this paragraph (f) in all lower tier subcontracts issued under which technical data is provided to a lower tier subcontractor. (7) LOCKHEED XXXXXX Procurement Representative in the event of (1) changed circumstances including, but not limited to, ineligibility, a violation or potential violation ITAR Controlled Technical Data can be provided only to nationals of the ITAR or other applicable governmental restrictions, and the initiation or existence of a U.S. Government investigation, that could affect SELLER's performance under this Contract, or (2) any change by same country in which SELLER that might require LOCKHEED XXXXXX to submit an amendment to an existing Export Authorization or request a new or replacement Export Authorizationis located. SELLER shall provide not permit third country national employees and/or employees with dual country nationality to access LOCKHEED XXXXXX all information ITAR Controlled Technical Data without separate authorisation and documentation as may reasonably be required for approval by LOCKHEED XXXXXX to prepare and submit any required export license applications. Delays on SELLER's part to submit the relevant information for export licenses shall not constitute an excusable delay under this ContractU.S. Government. (fg) SELLER shall include paragraphs (a) through to (b) inclusive and (d) and to this paragraph (fg) inclusive of this clause or equivalent provisions in lower tier subcontracts for the delivery of items that will be included in or delivered furnished as Work to LOCKHEED XXXXXX. SELLER shall immediately notify LOCKHEED XXXXXX upon learning that any lower tier subcontractor with which it engages has become listed on the Restricted Parties List. (gh) SELLER shall be responsible for all losses, costs, claims, causes of action, damages, liabilities and expense, including attorneys' attorney's fees, all expense of litigation and/or settlement, and court costs, arising from any act or omission of SELLER, its officers, employees, agents, suppliers, or subcontractors at any tier, in the performance of any of its obligations under this clause.

Export Control. (a) SELLER Seller shall comply with all applicable U.S. United States export control laws and economic sanctions laws and regulations, specifically including including, but not limited to to, the requirements of the Arms Export Control Act, 22 U.S.C. 2751- 2799aa-2, the International Traffic in Arms Regulations Regulation (ITAR), 22 C.F.R. 120 et seq.; , the Export Administration Act, 50 U.S.C. app. 2401-2420, the Export Administration Regulations, 15 C.F.R. 730-774; , and the Foreign Assets Control Regulations, 31 C.F.R. 500-598 (collectively, "Trade Control Laws"). Without limiting the foregoing, SELLER shall not transfer any export controlled item, technical data, technology, or service, including transfers to foreign persons employed by or associated with, or under contract to SELLER or SELLER's lower tier suppliers, unless authorized in advance by an export license (such as Technical Assistance Agreement (TAA) or Manufacturing License Agreement (MLA), license exception or license exemption, collectively, "Export Authorization"), as required. (b) SELLER shall notify LOCKHEED XXXXXX if any deliverable under this Contract is restricted by applicable Trade Control Laws. Before providing LOCKHEED XXXXXX any item or data controlled under any regulations of the Trade Control Laws, SELLER shall provide in writing to the LOCKHEED XXXXXX Procurement Representative the export classification of any such item or controlled data (i.e. the export classification under the EAR, ITAR, EU List of Dual Use Items and Technology, Wassenaar Arrangement’s List of Dual-Use Goods and Technologies or other applicable export control list) and shall notify the LOCKHEED XXXXXX Procurement Representative in writing of any changes to the export classification information of the item or controlled data. SELLER represents that an official authorized to bind the SELLER has determined that the SELLER or the designer, manufacturer, supplier or other source of the Work has properly determined their export classification. (c) SELLER hereby represents that neither SELLER nor any parent, subsidiary or affiliate of SELLER is included on any of the restricted party lists maintained by the U.S. Government, including the Specially Designated Nationals List administered by the U.S. Treasury Department’s Office of Foreign Assets Control (31 C.F.R. Parts 500-595). Seller shall obtain all required export licenses and agreements necessary to deliver the Goods or perform the Services, as applicable. b) Without limiting the foregoing, Seller shall not transfer any export-controlled item, data, or services, to include transfer to a person who is not a “OFAC”U.S. Person” as defined in the ITAR (22 C.F.R. 120.15), Denied Parties Listwithout the authority of a Government export license, Unverified List or Entity List maintained by the U.S. Commerce Department’s Bureau of Industry and Security (“BIS”)technical assistance agreement, or other authority. The restrictions on the List transfer of Statutorily Debarred Parties maintained export-controlled data apply equally to data furnished by Buyer and to any such data incorporated in documents generated by Seller. Additionally, no disclosure of data furnished by Buyer can be made unless and until Xxxxx has considered the U.S. State Department’s Directorate of Defense Trade Controlsrequest and provided its written approval though contractually authorized channels. Seller will comply with the conditions in any such approval and in the export license or other Government authorization for such disclosure. c) Further, a Government export license, export agreement, or applicable license exemption or exception shall be obtained by Seller prior to the consolidated list transfer of asset freeze targets designated any export-controlled item, data or services to any U.S. Person that is employed by any “Foreign person” within the United Nationsmeaning of 22 C.F.R. 120.16. d) Seller shall notify in writing the Buyer if any use, European Unionsale, and United Kingdom (collectively, “Restricted Party Lists”). SELLER import or export by Buyer of the Goods is restricted by any export control laws or regulations applicable to Seller. e) Seller shall immediately notify in writing the LOCKHEED XXXXXX Procurement Representative Buyer if SELLER, or Seller is listed in any parent, subsidiary or affiliate of SELLER becomes listed on any Restricted Party Denied Persons List or if SELLER's Seller’s export privileges are otherwise denied, suspended suspended, or revoked in whole or in part by any U.S. or non-U.S. government entity or agency. (df) If SELLER Seller is engaged in the business of either exporting or manufacturing (whether exporting or not) or brokering defense articles or furnishing defense services, SELLER Seller represents that it is and will continue to be registered with the Directorate of Defense Trade Controls, as required by the ITAR, and it maintains an effective export/import compliance program in accordance with the ITAR and it is registered with the United States Office of Defense Trade Controls (unless covered by one of the exemptions set forth in 22 C.F.R. 122.1) as required by the ITAR. (eg) Where SELLER Seller is a party to or signatory under a LOCKHEED XXXXXX Export AuthorizationBuyer export license or export agreement (e.g., SELLER Technical Assistance Agreement, Manufacturing License Agreement), Seller shall provide prompt immediate written notification to the LOCKHEED XXXXXX Procurement Representative Buyer in the event of (1) changed circumstances including, but not limited to, ineligibility, a violation affecting said license or potential violation agreement. h) Failure of the ITAR Government or any other applicable governmental restrictions, and the initiation or existence of a U.S. Government investigation, that could affect SELLER's performance under this Contract, or (2) any change by SELLER that might require LOCKHEED XXXXXX government to submit an amendment to an existing Export Authorization or request a new or replacement Export Authorization. SELLER shall provide to LOCKHEED XXXXXX all information and documentation as may reasonably be required for LOCKHEED XXXXXX to prepare and submit issue any required export license applications. Delays on SELLER's part to submit the relevant information for export licenses shall not constitute an excusable delay under this Contract. (f) SELLER shall include paragraphs (a) through (d) and this paragraph (f) of this clause or equivalent provisions in lower tier subcontracts for the delivery of items that will be included in or delivered as Work to LOCKHEED XXXXXX. SELLER shall immediately notify LOCKHEED XXXXXX upon learning that any lower tier subcontractor with which it engages has become listed on the Restricted Parties List. (g) SELLER shall be responsible for all losses, costs, claims, causes of action, damages, liabilities and expense, including attorneys' fees, all expense of litigation and/or settlement, and court costs, arising from any act or omission of SELLER, its officers, employees, agents, suppliersimport license, or subcontractors at withdrawal/termination of a required export or import license by the Government or any tierother government, in the performance of any shall relieve Buyer of its obligations under this clausePurchase Order. Provided that Seller has diligently pursued obtaining such license and, through no fault of Seller, such license has been denied, withdrawn, or terminated, Seller shall also be relieved of its obligation under this Purchase Order. In either event, Buyer may terminate this Purchase Order without additional cost or other liability. i) If the technical data required to perform this Purchase Order is subject to ITAR, Seller shall comply with all export licenses, and the following: i. The technical data shall be used only in performance of Services or delivery of Goods; and ii. The data shall not be disclosed to any Non-U. S, Person, including lower-tier subcontractors within the same country, unless said person is expressly authorized pursuant to an export license or export agreement. The restrictions on the disclosure of export- controlled data apply to both data furnished by Buyer and to any such data incorporated in documents generated by Seller; and iii. Any rights in the data may not be acquired by Seller or any other non-U.S. Person; and iv. Seller shall return, or at Buyer’ direction, destroy all of the technical data exported to Seller pursuant to this Purchase Order upon fulfillment of its terms; and v. Unless otherwise expressly directed by Xxxxx, Seller shall deliver the Goods or Services only to Buyer or to an agency of the Government.

Export Control. (a) SELLER shall comply with all applicable United Kingdom, European Union (EU), U.S. and other sanctions and export control laws and economic sanctions laws laws, rules and regulations, specifically including including, but not limited to to, the International Traffic in Arms Regulations Regulation (“ITAR”), 22 C.F.R. 120 et seq.; , the Export Administration RegulationsRegulations (“EAR”), 15 C.F.R. 730-774; and , the Foreign Assets Control Regulations, 31 C.F.R. 500-598 598, where applicable E.U. controls on exports of dual-use items and technology implemented pursuant to Regulation (EU) 2021/821 (as amended), and the U.K. controls on exports in the Export Control Act 2002, Export Control Order 2008 (as amended) and the Retained Dual-Use Regulation (collectively, "“Trade Control Laws")”) and any re-enactment or modification thereof. Items, technical data and services controlled by Trade Control Laws are referred to in this clause respectively as “export controlled” items, technical data and services. Without limiting the foregoing, SELLER shall agrees that it will not transfer any export controlled item, item or technical data, technology, or provide any export controlled service, including transfers or provision of services to foreign persons any non-UK national employed by or associated with, or under contract to SELLER or to any third party including SELLER's lower tier supplierssubcontractors, unless authorized authorised in advance by an export license (such as Technical Assistance Agreement (TAA) or Manufacturing License Agreement (MLA)authorization, license licence, licence exception or license exemption, licence exemption (collectively, "“Export Authorization"Authorisation”), as required. (b) SELLER shall notify LOCKHEED XXXXXX if any deliverable under this Contract including any service to be provided is restricted by applicable Trade Control Laws. Before providing LOCKHEED XXXXXX any item export controlled item, technical data or data controlled under any of the Trade Control Laws, service SELLER shall provide in writing to the LOCKHEED XXXXXX Procurement Representative the export classification of any such item item, technical data or controlled data (i.e. the export classification service under the EAR, ITAR, EU List of Dual Use Items applicable Trade Control Laws and Technology, Wassenaar Arrangement’s List of Dual-Use Goods and Technologies or other applicable export control list) and shall will notify the LOCKHEED XXXXXX Procurement Representative in writing of any changes to the export classification information of regarding the item item, technical data or controlled dataservice. SELLER represents that an official authorized authorised to bind the SELLER has determined that the SELLER or the designer, manufacturer, supplier or other source of the Work items or services has properly determined their export classification. (c) Where SELLER hereby is a signatory under a LOCKHEED XXXXXX Export Authorisation, SELLER shall provide prompt notification to the LOCKHEED XXXXXX Procurement Representative in the event of (i) changed circumstances including, but not limited to, ineligibility, a violation or potential violation of export or other applicable governmental restrictions, and the initiation or existence of a government investigation, that could affect SELLER's performance under this Contract; or (ii) any change by SELLER that might require LOCKHEED XXXXXX to submit an amendment to an existing Export Authorisation or request a new or replacement Export Authorisation. SELLER shall provide to LOCKHEED XXXXXX all information and documentation as may reasonably be required for LOCKHEED XXXXXX to prepare and submit any required Export Authorisation applications. (d) SELLER represents that neither SELLER nor any parent, subsidiary or affiliate of SELLER is included on any of the restricted party lists maintained by the U.S. Government, including the Specially Designated Nationals List administered by the U.S. Treasury Department’s Office of Foreign Assets Control (“OFAC”), Denied Parties List, Unverified List or Entity List maintained by the U.S. Commerce Department’s Bureau of Industry and Security (“BIS”), ) or the List of Statutorily Debarred Parties maintained by the U.S. State Department’s Directorate of Defense Trade Controls, or the consolidated list of asset freeze targets designated by the United Nations, European Union, and United Kingdom (collectively, “Restricted Party Lists”). SELLER shall immediately notify the LOCKHEED XXXXXX Procurement Representative if SELLER, SELLER or any parent, subsidiary or affiliate of SELLER becomes is, or becomes, listed on any Restricted Party List or if SELLER's export privileges are otherwise denied, suspended or revoked in whole or in part by any U.S. United Kingdom, or non-U.S. government other relevant governmental entity or agency. (de) If SELLER shall immediately notify LOCKHEED XXXXXX upon learning that any subcontractor or lower-tier supplier with which it engages or the country in which it or such subcontractor or supplier is engaged in based has become listed on the business of exporting manufacturing (whether exporting or not) or brokering defense articles or furnishing defense services, SELLER represents that it is and will continue to be registered with the Directorate of Defense Trade Controls, as required by the ITAR, and it maintains an effective export/import compliance program in accordance with the ITARRestricted Party Lists. (ef) Where SELLER is a party to or signatory use technical data controlled under a LOCKHEED XXXXXX applicable Trade Control Laws for the performance of the Work SELLER shall comply with the following: (1) The technical data shall be used only to perform the Work required by this Contract; and (2) The data shall not be disclosed to any person not authorized for receipt of the data under an applicable Export Authorization; and (3) Any rights in the data may not be acquired by any foreign person; and (4) SELLER, including lower tier subcontractors, shall return, or at LOCKHEED XXXXXX’x direction, destroy, all of the technical data exported to SELLER pursuant to this Contract upon fulfilment of its terms; and (5) Unless otherwise directed by LOCKHEED XXXXXX, SELLER shall provide prompt notification deliver the Work only to LOCKHEED XXXXXX; and (6) SELLER shall include the terms of this paragraph (f) in all lower tier subcontracts issued under which technical data is provided to a lower tier subcontractor. (7) LOCKHEED XXXXXX Procurement Representative in the event of (1) changed circumstances including, but not limited to, ineligibility, a violation or potential violation ITAR Controlled Technical Data can be provided only to nationals of the ITAR or other applicable governmental restrictions, and the initiation or existence of a U.S. Government investigation, that could affect SELLER's performance under this Contract, or (2) any change by same country in which SELLER that might require LOCKHEED XXXXXX to submit an amendment to an existing Export Authorization or request a new or replacement Export Authorizationis located. SELLER shall provide not permit third country national employees and/or employees with dual country nationality to access LOCKHEED XXXXXX all information ITAR Controlled Technical Data without separate authorisation and documentation as may reasonably be required for approval by LOCKHEED XXXXXX to prepare and submit any required export license applications. Delays on SELLER's part to submit the relevant information for export licenses shall not constitute an excusable delay under this ContractU.S. Government. (fg) SELLER shall include paragraphs (a) through to (b) inclusive and (d) and to this paragraph (fg) inclusive of this clause or equivalent provisions in lower tier subcontracts for the delivery of items that will be included in or delivered furnished as Work to LOCKHEED XXXXXX. SELLER shall immediately notify LOCKHEED XXXXXX upon learning that any lower tier subcontractor with which it engages has become listed on the Restricted Parties List. (gh) SELLER shall be responsible for all losses, costs, claims, causes of action, damages, liabilities and expense, including attorneys' attorney's fees, all expense of litigation and/or settlement, and court costs, arising from any act or omission of SELLER, its officers, employees, agents, suppliers, or subcontractors at any tier, in the performance of any of its obligations under this clause.

Export Control. (a) SELLER shall comply with all applicable U.S. The Parties acknowledge that certain products, technology, technical data and software (including certain services and training) and certain transactions may be subject to export control laws controls and/or sanctions under the Laws of the United States and economic sanctions laws other countries and regulations, specifically jurisdictions (including but not limited to the International Traffic in Arms Regulations (ITAR), 22 C.F.R. 120 et seq.; the Export Administration Regulations, 15 C.F.R. §§730-774; , the International Traffic in Arms Regulations, 22 C.F.R. Parts 120-130, and sanctions programs implemented by the Office of Foreign Assets Control Regulations, 31 C.F.R. 500-598 (collectively, "Trade Control Laws"of the U.S. Department of the Treasury). Without limiting the foregoing, SELLER No Party shall not transfer directly or indirectly export or re-export any export controlled item, technical data, technology, such items or service, including transfers to foreign persons employed by any direct product thereof or associated with, undertake any transaction or under contract to SELLER or SELLER's lower tier suppliers, unless authorized service in advance by an export license (violation of any such as Technical Assistance Agreement (TAA) or Manufacturing License Agreement (MLA), license exception or license exemption, collectively, "Export Authorization"), as requiredLaws. (b) SELLER For any products, technology, technical data (other than Recipient Data) or software provided by Service Provider to any Recipient (“Service Provider Export Materials”), Service Provider shall notify LOCKHEED XXXXXX if any deliverable under this Contract is restricted by applicable Trade Control Laws. Before providing LOCKHEED XXXXXX any item or data controlled under any be responsible for obtaining all necessary export authorizations and licenses for the export of the Trade Control LawsService Provider Export Materials to Recipients where the Parties have agreed that Service Provider will export such Service Provider Export Materials directly to Customer or another Recipient, SELLER shall provide in writing to the LOCKHEED XXXXXX Procurement Representative the export classification of any such item or controlled data (i.e. the export classification under the EAR, ITAR, EU List of Dual Use Items and Technology, Wassenaar Arrangement’s List of Dual-Use Goods and Technologies or other applicable export control list) and shall notify the LOCKHEED XXXXXX Procurement Representative in writing of any changes to the export classification information of the item or controlled data. SELLER represents that an official authorized to bind the SELLER has determined that the SELLER or the designer, manufacturer, supplier or other source of the Work has properly determined their export classificationas contemplated by this Agreement. (c) SELLER hereby represents that neither SELLER nor any parent, subsidiary Recipients shall not export or affiliate re-export Service Provider Export Materials without Service Provider’s written consent (not to be unreasonably withheld in case of SELLER is included on any of the restricted party lists maintained by the U.S. Government, including the Specially Designated Nationals List administered by the U.S. Treasury Department’s Office of Foreign Assets Control (“OFAC”), Denied Parties List, Unverified List or Entity List maintained by the U.S. Commerce Department’s Bureau of Industry and Security (“BIS”), or the List of Statutorily Debarred Parties maintained by the U.S. State Department’s Directorate of Defense Trade Controls, or the consolidated list of asset freeze targets designated by the United Nations, European Union, and United Kingdom (collectively, “Restricted Party Lists”an export to another Recipient thereof). SELLER To the extent Service Provider authorizes any Recipient to export or re-export Service Provider Export Materials, such Recipient shall immediately notify be responsible for obtaining all necessary export authorizations and licenses for the LOCKHEED XXXXXX Procurement Representative if SELLER, Recipient’s export or any parent, subsidiary or affiliate re-export of SELLER becomes listed on any Restricted Party List or if SELLER's export privileges are otherwise denied, suspended or revoked in whole or in part by any U.S. or non-U.S. government entity or agencysuch Service Provider Export Materials. (d) If SELLER is engaged in the business of exporting manufacturing For any products, technology, technical data (whether exporting or notincluding any Recipient Data) or brokering defense articles software provided by any Recipient to Service Provider, its Affiliates or furnishing defense servicesits Subcontractors (“Recipient Export Materials”), SELLER represents that it is and will continue to be registered with such Recipient shall identify the Directorate of Defense Trade Controls, as required by the ITARspecific export control classification, and it maintains an effective export/import compliance program in accordance with the ITAR. (e) Where SELLER is a party to or signatory under a LOCKHEED XXXXXX Export Authorization, SELLER shall provide prompt notification to the LOCKHEED XXXXXX Procurement Representative in the event of (1) changed circumstances including, but not limited to, ineligibility, a violation or potential violation of the ITAR or other applicable governmental restrictions, and the initiation or existence of a U.S. Government investigation, that could affect SELLER's performance under this Contract, or (2) any change by SELLER that might require LOCKHEED XXXXXX to submit an amendment to an existing Export Authorization or request a new or replacement Export Authorization. SELLER shall provide to LOCKHEED XXXXXX all information and documentation as may reasonably be required for LOCKHEED XXXXXX to prepare and submit any required export license applications. Delays on SELLER's part to submit the relevant information for export licenses shall not constitute an excusable delay under this Contract. (f) SELLER shall include paragraphs (a) through (d) and this paragraph (f) of this clause or equivalent provisions in lower tier subcontracts for the delivery of items that will be included in or delivered as Work to LOCKHEED XXXXXX. SELLER shall immediately notify LOCKHEED XXXXXX upon learning that any lower tier subcontractor with which it engages has become listed on the Restricted Parties List. (g) SELLER shall be responsible for obtaining all losses, costs, claims, causes necessary export authorizations and licenses for any Recipient’s the export or re-export of action, damages, liabilities and expense, including attorneys' fees, all expense such Recipient Export Materials or for Service Provider’s export or re-export of litigation and/or settlement, and court costs, arising from any act or omission of SELLER, its officers, employees, agents, suppliers, or subcontractors at any tier, such Recipient Export Materials in the connection with Service Provider’s performance of any of its obligations under this clausethe Services.

Export Control. (a) SELLER shall agrees to comply with all applicable in country and U.S. export control laws and economic sanctions laws and regulations, specifically including for the U.S., but not limited to to, the requirements of the Arms Export Control Act, 22 U.S.C. 2751‐2794, including the International Traffic in Arms Regulations Regulation (ITAR), 22 C.F.R. 120 et seq.; and the Export Administration Act, 50 U.S.C. app. 2401‐2420, including the Export Administration Regulations, 15 C.F.R. 730-774730‐774; and including the Foreign Assets Control Regulations, 31 C.F.R. 500-598 (collectively, "Trade Control Laws"). Without limiting the foregoing, SELLER shall not transfer requirement for obtaining any export controlled itemlicense or agreement, technical data, technology, or service, including transfers to foreign persons employed by or associated with, or under contract to SELLER or SELLER's lower tier suppliers, unless authorized in advance by an export license (such as Technical Assistance Agreement (TAA) or Manufacturing License Agreement (MLA), license exception or license exemption, collectively, "Export Authorization"), as requiredif applicable. (b) SELLER shall agrees to notify LOCKHEED XXXXXX if any deliverable under this Contract is restricted by applicable Trade Control Laws. Before providing LOCKHEED XXXXXX any item or data controlled under any of the Trade Control Laws, SELLER shall provide in writing to the LOCKHEED XXXXXX Procurement Representative the export classification of any such item or controlled data (i.e. the export classification under the EAR, ITAR, EU List of Dual Use Items and Technology, Wassenaar Arrangement’s List of Dual-Use Goods and Technologies or other applicable export control list) and shall notify the LOCKHEED XXXXXX Procurement Representative in writing of any changes to the export classification information of the item laws or controlled data. SELLER represents that an official authorized to bind the SELLER has determined that the SELLER or the designer, manufacturer, supplier or other source of the Work has properly determined their export classificationregulations. (c) SELLER hereby represents that neither SELLER nor any parent, subsidiary or affiliate of SELLER is included on any of the restricted party lists maintained by the U.S. Government, including the Specially Designated Nationals List administered by the U.S. Treasury Department’s Office of Foreign Assets Control (“OFAC”), Denied Parties List, Unverified List or Entity List maintained by the U.S. Commerce Department’s Bureau of Industry and Security (“BIS”), or the List of Statutorily Debarred Parties maintained by the U.S. State Department’s Directorate of Defense Trade Controls, or the consolidated list of asset freeze targets designated by the United Nations, European Union, and United Kingdom (collectively, “Restricted Party Lists”). SELLER shall immediately notify the LOCKHEED XXXXXX Procurement Representative if SELLERSELLER is, or becomes, listed in any parent, subsidiary or affiliate of SELLER becomes listed on any Restricted Party Denied Parties List or if SELLER's export privileges are otherwise denied, suspended or revoked in whole or in part by any U.S. or non-U.S. government Government entity or agency, or by any entity or agency of SELLER's own country. (d) If LOCKHEED XXXXXX ITAR Controlled Technical Data can be provided to SELLER's same country national employees ONLY. Third Country national employees of SELLER is engaged in are not authorized to receive LOCKHEED XXXXXX ITAR Controlled Technical Data without separate authorization and approval by LOCKHEED XXXXXX and the business of exporting manufacturing (whether exporting or not) or brokering defense articles or furnishing defense services, SELLER represents that it is and will continue to be registered with the Directorate of Defense Trade Controls, as required by the ITAR, and it maintains an effective export/import compliance program in accordance with the ITARU.S. Government. (e) If the technical data required to perform this Contract is exported pursuant to ITAR 124.13 to SELLER under a DSP‐5, Offshore Procurement license, SELLER shall comply with the following: (1) The technical data shall be used only to manufacture the Work required by this Contract; and (2) The data shall not be disclosed to any other person except lower‐tier subcontractors within the same country; and (3) Any rights in the data may not be acquired by any foreign person; and (4) SELLER, including lower‐tier subcontractors, shall return, or at LOCKHEED XXXXXX'x direction, destroy all of the technical data exported to SELLER pursuant to this Contract upon fulfillment of its terms; and (5) Unless otherwise directed by LOCKHEED XXXXXX, SELLER shall deliver the Work only to LOCKHEED XXXXXX or to an agency of the U.S. Government. (6) SELLER shall include the terms of this paragraph (e) in all lower‐tier subcontracts issued when technical data is provided to the lower‐tier subcontractor. (f) Where SELLER is a party to or signatory under a LOCKHEED XXXXXX Export Authorizationexport license or export agreement (e.g., TAA, MLA), SELLER shall provide prompt notification to the LOCKHEED XXXXXX Procurement Representative in the event of (1) changed circumstances including, but not limited to, ineligibility, a violation or potential violation of the ITAR or other applicable governmental restrictionsITAR, and the initiation or existence of a U.S. Government investigation, that could affect SELLER's performance under this Contract, or (2) any change by SELLER that might require LOCKHEED XXXXXX to submit an amendment to an existing Export Authorization or request a new or replacement Export Authorization. SELLER shall provide to LOCKHEED XXXXXX all information and documentation as may reasonably be required for LOCKHEED XXXXXX to prepare and submit any required export license applications. Delays on SELLER's part to submit the relevant information for export licenses shall not constitute an excusable delay under this Contract. (f) SELLER shall include paragraphs (a) through (d) and this paragraph (f) of this clause or equivalent provisions in lower tier subcontracts for the delivery of items that will be included in or delivered as Work to LOCKHEED XXXXXX. SELLER shall immediately notify LOCKHEED XXXXXX upon learning that any lower tier subcontractor with which it engages has become listed on the Restricted Parties List. (g) If Sublicensing in authorized in writing by LOCKHEED XXXXXX and the U.S. Government under the export agreement, SELLER shall comply with the following: (1) Obtain an ITAR Non‐Disclosure Agreement (NDA) from each authorized lower‐tier Supplier which SELLER will sublicense ITAR controlled technical data to; and (2) Provide a copy of the fully executed ITAR NDA to the LOCKHEED XXXXXX Procurement Representative; and then (3) Upon completion of (i) and (ii) above, Lockheed Xxxxxx will acknowledge receipt of the NDA and provide authorization to SELLER to provide LOCKHEED XXXXXX ITAR Controlled Technical Data to its authorized lower‐tier Suppliers; (4) LOCKHEED XXXXXX ITAR Controlled Technical Data can be provided to SELLER's authorized lower‐tier Supplier's national employees only; (5) Third Country national employees of SELLER's authorized lower‐tier Suppliers are not authorized to receive LOCKHEED XXXXXX ITAR Controlled Technical Data without separate authorization and approval by LOCKHEED XXXXXX and the U.S. Government. (h) SELLER shall be responsible for all losses, costs, claims, causes of action, damages, liabilities and expense, including attorneys' fees, all expense of litigation and/or settlement, and court costs, arising from any act or omission of SELLER, its officers, employees, agents, suppliers, or subcontractors at any tier, in the performance of any of its obligations under this clause.

Export Control. (a) SELLER a. Seller shall comply with all applicable U.S. the most current export control laws and economic sanctions laws and laws, regulations, specifically including but not limited to and orders applicable at the time of any and all exports or re-exports of Goods or Defense Articles, as that term is defined in 22 C.F.R. § 120.6 of the ITAR, (collectively for this article, “Goods”) or services or Defense Services, as that term is defined in 22 C.F.R. § 120.9 of the ITAR, (collectively for this article, “Services”), including, without limitation, the (i) United States Export Administration Regulations (“EAR”), (ii) the International Traffic in Arms Regulations (“ITAR”), 22 C.F.R. 120 et seq.; (iii) regulations and orders administered by the Export Administration Regulations, 15 C.F.R. 730-774; and the Treasury Department’s Office of Foreign Assets Control Regulations, 31 C.F.R. 500-598 and (iv) laws and regulations of other countries (collectively, "Trade “Export Control Laws"). b. Seller shall notify the Buyer of any Goods or Services that are controlled by the ITAR (“ITAR Items”) and shall, upon request, provide the Buyer with the applicable U.S. Munitions List category for the Goods and Services being rendered. c. For Goods and Services not identified as required above, Supplier represents that (i) the Services, Goods and any components or parts thereof (collectively “Components”) it is providing are not Defense Articles and (ii) the Services it is providing under this Agreement are not Defense Services. Without limiting Seller acknowledges that this representation means that an official capable of binding the foregoingSeller knows or has otherwise determined that the Goods, SELLER Services and Components are not on the U.S. Munitions List at 22 C.F.R. §121.1 of the ITAR. Seller shall not transfer provide the Buyer, upon the Buyer’s reasonable request, with any export controlled itemdocumentation and other information that supports or confirms this representation. Seller shall, technical dataupon request, technologyprovide the Buyer with the applicable Export Control Classification Numbers (“ECCNs”) of Goods, Services, or serviceComponents, including transfers if the Component ECCNs are different from the ECCN of the Goods or Services. To the extent that such Goods, Services or Components (“Items”) were specifically designed, developed, configured, adapted or modified for a military application, Seller shall notify the Buyer of this fact and shall provide the Buyer with written confirmation from the U.S. Department of State that such Items are not subject to foreign persons employed by the jurisdiction of the ITAR. d. If Seller is or associated withhas been engaged in the U.S. in the business of either exporting, manufacturing or under contract to SELLER or SELLER's lower tier suppliersbrokering ITAR Items, unless authorized in advance by an export license Seller represents that it is registered with the Directorate of Defense Trade Controls (such as Technical Assistance Agreement (TAA) or Manufacturing License Agreement (MLA), license exception or license exemption, collectively, "Export Authorization"“DDTC”), as requiredmay be required by 22 C.F.R. 122.1 of the ITAR and that it maintains an effective export/import compliance program in accordance with DDTC guidelines. (b) SELLER shall e. Seller agrees to notify LOCKHEED XXXXXX the Company if any deliverable under this Contract is restricted by applicable Trade Export Control Laws. Before providing LOCKHEED XXXXXX any item or data controlled under any of the Trade Control Laws, SELLER shall provide in writing to the LOCKHEED XXXXXX Procurement Representative the export classification of any such item or controlled data (i.e. the export classification under the EAR, ITAR, EU List of Dual Use Items and Technology, Wassenaar Arrangement’s List of Dual-Use Goods and Technologies or other applicable export control list) and shall notify the LOCKHEED XXXXXX Procurement Representative in writing of any changes to the export classification information of the item or controlled data. SELLER represents that an official authorized to bind the SELLER has determined that the SELLER or the designer, manufacturer, supplier or other source of the Work has properly determined their export classification. (c) SELLER hereby represents that neither SELLER nor any parent, subsidiary or affiliate of SELLER is included on any of the restricted party lists maintained by the U.S. Government, including the Specially Designated Nationals List administered by the U.S. Treasury Department’s Office of Foreign Assets Control (“OFAC”), Denied Parties List, Unverified List or Entity List maintained by the U.S. Commerce Department’s Bureau of Industry and Security (“BIS”), or the List of Statutorily Debarred Parties maintained by the U.S. State Department’s Directorate of Defense Trade Controls, or the consolidated list of asset freeze targets designated by the United Nations, European Union, and United Kingdom (collectively, “Restricted Party Lists”). SELLER Seller shall immediately notify the LOCKHEED XXXXXX Procurement Representative Buyer if SELLERSeller is, or becomes, listed in any parent, subsidiary or affiliate of SELLER becomes listed on any Restricted Party Denied Parties List or if SELLER's Seller’s export privileges are otherwise denied, suspended or revoked in whole or in part by any U.S. or non-U.S. government Government entity or agency. (d) If SELLER is engaged in the business of exporting manufacturing (whether exporting or not) or brokering defense articles or furnishing defense services, SELLER represents that it is and will continue to be registered with the Directorate of Defense Trade Controls, as required by the ITAR, and it maintains an effective export/import compliance program in accordance with the ITAR. (e) . Where SELLER Seller is a party to or signatory under a LOCKHEED XXXXXX Export AuthorizationCompany export license or export agreement (e.g., SELLER Technical Assistance Agreement, Manufacturing License Agreement), Seller shall provide prompt notification to the LOCKHEED XXXXXX Procurement Representative Buyer in the event of (1) changed circumstances including, but not limited to, ineligibility, a violation or potential violation of the ITAR ITAR, or other applicable governmental restrictions, and the initiation or existence of a U.S. Government investigation, investigation that could affect SELLERthe Seller’s performance under this Contract. f. Seller acknowledges that any technical data furnished by the Buyer in connection with any solicitation, this Order or resulting Contract may be subject to Export Control Laws. In regard to United States Export Control Laws, Seller shall not export, re-export or re-transfer technical data controlled by Export Control Laws (“Technical Data”), and shall not disclose Technical Data to any foreign persons or foreign commercial entities, including employees, consultants, subcontractors, vendors or Sellers, unless Seller receives advance, written confirmation from the Buyer that such export, re- export or re-transfer complies with Export Control Laws. Seller shall also abide by any restrictions contained in any of the Buyer's export licenses pertinent to Seller’s export or re-export of technical data. Technical Data provided to Seller is to be utilized only for the manufacture of the articles required by this Contract. The transfer or disclosure of the data to any other foreign person or to Seller’s employees who are citizens or dual citizens of a country other than the country, in which Seller is performing the Contract, is prohibited without the Buyer’s advance, written authorization. The acquisition of any rights in Technical Data by any foreign person is prohibited. Any subcontracts between foreign persons in the approved country for manufacture of Goods or provision of Services shall contain all the limitations of this paragraph. Upon completion of its performance under this Contract, Seller and its subcontractors shall destroy or (2) return to the Buyer all Technical Data. g. Begin Delivery of any change by SELLER that might require LOCKHEED XXXXXX ITAR Items shall only be made to submit an amendment the Buyer in the United States, to an existing Export Authorization agency of the U.S. Government or request a new or replacement Export Authorization. SELLER shall provide to LOCKHEED XXXXXX all information and documentation as may reasonably be required for LOCKHEED XXXXXX to prepare and submit any required export license applications. Delays on SELLER's part to submit otherwise authorized under the relevant information for Buyer’s export licenses shall not constitute an excusable delay under this Contract. as the Buyer may direct. Compliance with export laws and regulations (f) SELLER shall include paragraphs (a) through (d) and this paragraph (f) of this clause or equivalent provisions in lower tier subcontracts for the delivery of items that will be included in or delivered as Work to LOCKHEED XXXXXX. SELLER shall immediately notify LOCKHEED XXXXXX upon learning that any lower tier subcontractor with which it engages has become listed on the Restricted Parties List. (g) SELLER shall be responsible for all lossesincluding license application requirements, costs, claims, causes of action, damages, liabilities and expense, including attorneys' fees, all expense of litigation and/or settlement, and court costs, arising from any act or omission of SELLER, its officers, employees, agents, suppliersdelays thereof, or subcontractors at any tier, in the performance revocation or non-renewal of any licenses) does not relieve Seller of its obligations under any other terms and conditions of this clauseContract and shall not constitute a force majeure or give rise to an excusable delay hereunder.

Export Control. (a) SELLER 16.1 The conclusion and performance of the contracts subject to these GTC are subject to admissibility under export control law in accordance with applicable German and EU law; this also applies with regard to applicable US and other national law, insofar as this does not conflict with German or European legal provisions. 16.2 The customer is obliged to observe export and/or import conditions and restrictions. He shall comply also provide us with all applicable U.S. relevant information. Otherwise he shall indemnify us against all consequences. If the customer becomes aware of circum- stances that hinder the import of the goods, he shall inform us thereof without delay. If the procurement of necessary export control laws and economic sanctions laws and regulationsdocuments is uncertain, specifically including but not limited we are entitled to withdraw from the International Traffic in Arms Regulations (ITAR), 22 C.F.R. 120 et seq.; the Export Administration Regulations, 15 C.F.R. 730-774; and the Foreign Assets Control Regulations, 31 C.F.R. 500-598 (collectively, "Trade Control Laws"). Without limiting the foregoing, SELLER shall not transfer any export controlled item, technical data, technology, or service, including transfers affected contract subject to foreign persons employed by or associated with, or under contract to SELLER or SELLER's lower tier suppliers, unless authorized in advance by an export license (such as Technical Assistance Agreement (TAA) or Manufacturing License Agreement (MLA), license exception or license exemption, collectively, "Export Authorization"), as requiredthese GTC. (b) SELLER shall notify LOCKHEED XXXXXX if any deliverable under this Contract is restricted by applicable Trade Control Laws. Before providing LOCKHEED XXXXXX any item or data controlled under any of 16.3 If XXXX XXXXX owes the Trade Control Laws, SELLER shall provide in writing delivery to a destination outside the LOCKHEED XXXXXX Procurement Representative the export classification of any such item or controlled data (i.e. the export classification under the EAR, ITAR, EU List of Dual Use Items and Technology, Wassenaar Arrangement’s List of Dual-Use Goods and Technologies or other applicable export control list) and shall notify the LOCKHEED XXXXXX Procurement Representative in writing of any changes to the export classification information of the item or controlled data. SELLER represents that an official authorized to bind the SELLER has determined that the SELLER or the designer, manufacturer, supplier or other source of the Work has properly determined their export classification. (c) SELLER hereby represents that neither SELLER nor any parent, subsidiary or affiliate of SELLER is included on any of the restricted party lists maintained by the U.S. Government, including the Specially Designated Nationals List administered by the U.S. Treasury Department’s Office of Foreign Assets Control (“OFAC”), Denied Parties List, Unverified List or Entity List maintained by the U.S. Commerce Department’s Bureau of Industry and Security (“BIS”), or the List of Statutorily Debarred Parties maintained by the U.S. State Department’s Directorate of Defense Trade Controls, or the consolidated list of asset freeze targets designated by the United Nations, European Union, in deviation from clause 17.3, and United Kingdom (collectivelyif XXXX XXXXX has doubts regarding the applicability of export con- trol restrictions, “Restricted Party Lists”)it can obtain legally binding information from the competent authorities in order to dispel these doubts and is entitled to postpone the delivery date accordingly until the information has been provided. SELLER shall immediately notify If the LOCKHEED XXXXXX Procurement Representative if SELLERcontract subject to these GTC cannot be fulfilled due to applicable restrictions under export control law, or any parentin particular due to non-issuance of the required licences by the competent authorities, subsidiary or affiliate of SELLER becomes listed on any Restricted Party List or if SELLER's export privileges are otherwise denied, suspended or revoked either party may withdraw from the contract in whole or in part by any U.S. or non-U.S. government entity or agency. (d) If SELLER is engaged in the business of exporting manufacturing (whether exporting or not) or brokering defense articles or furnishing defense services, SELLER represents that it is and will continue to be registered with the Directorate of Defense Trade Controls, as required by the ITAR, and it maintains an effective export/import compliance program in accordance with § 16.4 by written declaration to the ITARother party without notice. XXXX XXXXX can also withdraw from the contract in whole or in part without notice by written declaration to the Customer if the Customer does not provide the necessary information and documents within six weeks of being requested to do so by XXXX XXXXX. (e) Where SELLER 16.4 In the event of withdrawal, XXXX XXXXX is a party entitled to re- imbursement of costs for work already carried out up to that point. 16.5 XXXX XXXXX is entitled but not obliged to take legal or signatory under a LOCKHEED XXXXXX Export Authorizationextra- legal action against negative decisions of the competent authorities or, SELLER shall provide prompt notification to the LOCKHEED XXXXXX Procurement Representative in the event of (1) changed circumstances including, but not limited to, ineligibility, a violation or potential violation an unreasonably long duration of the ITAR or other applicable governmental restrictionsofficial procedure, and to seek legal protection from the initiation or existence of a U.S. Government investigation, that could affect SELLER's performance under this Contract, or (2) any change by SELLER that might require LOCKHEED XXXXXX to submit an amendment to an existing Export Authorization or request a new or replacement Export Authorization. SELLER shall provide to LOCKHEED XXXXXX all information and documentation as may reasonably be required for LOCKHEED XXXXXX to prepare and submit any required export license applications. Delays on SELLER's part to submit the relevant information for export licenses shall not constitute an excusable delay under this Contractcourts. (f) SELLER shall include paragraphs (a) through (d) and 16.6 Claims against XXXX XXXXX for compensation for damages resulting from delayed delivery or non-performance due to export control restrictions or the clarification of doubts in this paragraph (f) of this clause respect are excluded, unless the delay or equivalent provisions in lower tier subcontracts for the delivery of items that will be included in impossibility is due to intentional or delivered as Work to LOCKHEED XXXXXX. SELLER shall immediately notify LOCKHEED XXXXXX upon learning that any lower tier subcontractor with which it engages has become listed grossly negligent behaviour on the Restricted Parties Listpart of XXXX XXXXX. (g) SELLER shall be responsible for all losses, costs, claims, causes of action, damages, liabilities and expense, including attorneys' fees, all expense of litigation and/or settlement, and court costs, arising from any act or omission of SELLER, its officers, employees, agents, suppliers, or subcontractors at any tier, in the performance of any of its obligations under this clause.

Export Control. (a) SELLER shall comply with all applicable U.S. and non-U.S. sanctions and export control laws and economic sanctions laws laws, rules and regulations, specifically including but not limited to to, the International Traffic in Arms Regulations Regulation (“ITAR”), 22 C.F.R. 120 et seq.; , the Export Control Reform Act of 2018, the Export Administration RegulationsRegulations (“EAR”), 15 C.F.R. 730-774; and , the Foreign Assets Control Regulations, 31 C.F.R. 500-598 and EU controls on exports of dual-use items and technology implemented pursuant to Council Regulation (EC) No. 428/2009 (collectively, "“Trade Control Laws"”). Without limiting the foregoing, SELLER shall not transfer any LOCKHEED XXXXXX provided export controlled item, technical item or data (or items and data developed from such items/data, technology, or service), including transfers to foreign persons dual/third country nationals employed by or associated with, or under contract to SELLER or SELLER's lower tier suppliers, unless authorized in advance by an export license authorization (such as e.g. Technical Assistance Agreement (TAA) or Manufacturing License Licensing Agreement (MLA), export license, license exception exception, or license exemption, exemption (collectively, "“Export Authorization"”), as required. (b) SELLER shall notify LOCKHEED XXXXXX if any deliverable under this Contract is restricted by applicable Trade Control Laws. Before providing LOCKHEED XXXXXX any item or data controlled under any of the Trade Control Laws, SELLER shall provide in writing to the LOCKHEED XXXXXX Procurement Representative the export classification of any such item or controlled data (i.e. the export classification under the EAR, ITAR, EU List of Dual Use Items and Technology, Wassenaar Arrangement’s List of Dual-Use Goods and Technologies or other applicable export control list) and ), and, shall notify the LOCKHEED XXXXXX Procurement Representative in writing of any changes to the export classification information of the item or controlled data. SELLER represents that an official authorized to bind the SELLER has determined that the SELLER or the designer, manufacturer, supplier or other source of the Work has properly determined their export classification. (c1) SELLER hereby represents that neither SELLER nor any parent, subsidiary subsidiary, affiliate, employee, or affiliate sublicensee or lower tier supplier of SELLER is (i) are located within an ITAR §126.1 listed country, (ii) nor included on any of the restricted party lists maintained by the U.S. Government, including the Specially Designated Nationals List administered by the U.S. Treasury Department’s Office of Foreign Assets Control (“"OFAC”"), Denied Parties List, Unverified List or Entity List maintained by the U.S. Commerce Department’s Bureau of Industry and Security (“"BIS”"), or the List of Statutorily Debarred Parties maintained by the U.S. State Department’s Directorate of Defense Trade Controls, Controls or the consolidated list of asset freeze targets designated by the United Nations, European Union, and United Kingdom (collectively, “"Restricted Party Lists”). . (2) SELLER further represents that it shall immediately notify the LOCKHEED XXXXXX Procurement Representative if SELLER, or ’s status changes with respect to any parent, subsidiary or affiliate of SELLER becomes listed on any Restricted Party List or if SELLER's export privileges are otherwise denied, suspended or revoked in whole or in part by any U.S. or non-U.S. government entity or agency.the foregoing (d) If In the event of an anticipated change in control of SELLER is engaged in the business of exporting manufacturing (whether exporting involving another person or not) or brokering defense articles or furnishing defense servicesentity, SELLER represents that it is shall provide LOCKHEED XXXXXX with notice at least 90 days prior to the effectiveness of such change of control consistent with applicable law and will continue to be registered with the Directorate of Defense Trade Controls, as required by the ITAR, and it maintains an effective export/import compliance program in accordance with the ITARconfidentiality restrictions. (e) LOCKHEED XXXXXX ITAR Controlled Technical Data can be provided only to SELLER’s same country national employees. Third country national employees and/or dual country national employees of SELLER are not authorized to receive LOCKHEED XXXXXX ITAR Controlled Technical Data without separate authorization and approval by LOCKHEED XXXXXX and the U.S. Government. (f) If ITAR Controlled technical data required to perform this Contract is exported pursuant to ITAR 124.13 to SELLER under a DSP-5, Offshore Procurement license, SELLER shall comply with the following: (1) ITAR Controlled technical data shall be used only to manufacture the Work required by this Contract; and (2) ITAR Controlled technical data shall not be disclosed to any other person except lower-tier subcontractors within the same country; and (3) Any rights in ITAR Controlled technical data may not be acquired by any foreign person; and (4) SELLER, including lower-tier subcontractors, shall return, or at LOCKHEED XXXXXX'x direction, destroy all of the ITAR Controlled technical data exported to SELLER pursuant to this Contract upon fulfillment of its terms; and (5) Unless otherwise directed by LOCKHEED XXXXXX, SELLER shall deliver the Work only to LOCKHEED XXXXXX in the United States or to an agency of the U.S. Government.; and (6) SELLER shall include the terms of this paragraph (f) in all lower-tier subcontracts issued when ITAR Controlled technical data is provided to the lower-tier subcontractor. (g) Where SELLER is a party to or signatory under a LOCKHEED XXXXXX Export Authorization, SELLER shall provide prompt notification to the LOCKHEED XXXXXX Procurement Representative in the event of (1) changed circumstances including, but not limited to, ineligibility, a violation or potential violation of the ITAR or other applicable governmental restrictions, and the initiation or existence of a U.S. Government government investigation, that could affect SELLER's performance under this Contract, Contract or (2) any change by SELLER that might require LOCKHEED XXXXXX to submit an amendment to an existing Export Authorization or request a new or replacement Export Authorization. SELLER shall provide to LOCKHEED XXXXXX all information and documentation as may reasonably be required for LOCKHEED XXXXXX to prepare and submit any required export license Export Authorization applications. Delays on SELLER's part to submit the relevant information for export licenses authorizations shall not constitute an excusable delay under this Contract. (fh) If sublicensing is authorized in writing by LOCKHEED XXXXXX and the U.S. Government under a current and applicable TAA (or other Export Authorization), SELLER shall comply with the following: (1) Obtain an ITAR Non-Disclosure Agreement (NDA) in the format approved by the U.S. State Department’s Directorate of Defense Trade Controls (“DDTC”) from each lower-tier Supplier subject to authorized in the applicable export authorization which SELLER will sublicense ITAR Controlled Technical Data to; and (2) Provide a copy of the fully executed ITAR NDA to the LOCKHEED XXXXXX Procurement Representative; and (3) Upon completion of (1) and (2) above, Lockheed Xxxxxx will acknowledge receipt of the NDA and provide authorization to SELLER to provide LOCKHEED XXXXXX ITAR Controlled Technical Data to its authorized lower-tier Suppliers; and (4) SELLER shall include paragraphs not provide LOCKHEED XXXXXX ITAR Controlled Technical Data to a lower-tier Supplier until after items (a) through (d1) and this paragraph (f2) of this clause or equivalent provisions in lower tier subcontracts for the delivery of items that will be included in or delivered as Work to LOCKHEED XXXXXX. SELLER shall immediately notify above have been completed; and (5) LOCKHEED XXXXXX upon learning that any lower ITAR Controlled Technical Data can be provided to SELLER's lower-tier subcontractor with which it engages has become listed on Supplier's employees within the Restricted Parties Listterritory of the authorized country(ies) only; and (6) Third country and dual country national employees of SELLER's authorized lower-tier Suppliers are not authorized to receive LOCKHEED XXXXXX ITAR Controlled Technical Data without separate authorization and approval by LOCKHEED XXXXXX and the U.S. Government. (gi) SELLER shall be responsible for all losses, costs, claims, causes of action, damages, liabilities and expense, including attorneys' attorney's fees, all expense of litigation and/or settlement, and court costs, arising from any act or omission of SELLER, its officers, directors, employees, consultants, agents, affiliates, successors permitted assigns, suppliers, or subcontractors at any tier, in the performance of any of its obligations under this clause.

Export Control. (a) SELLER a. Seller shall comply with all applicable U.S. export control laws and economic sanctions import controls laws and regulations, specifically including but not limited to (i) the International Traffic in Arms Regulations (“ITAR), ”) (22 C.F.R. CFR 120 et seq.); (ii) the Export Administration Regulations, Regulations (“EAR”) (15 C.F.R. CFR Part 730-774); and (iii) the Foreign Assets Control Regulations, 31 C.F.R. 500-598 (collectively, "Trade Control Laws"). Without limiting the foregoing, SELLER shall not transfer any export controlled item, technical data, technology, or service, including transfers to foreign persons employed by or associated with, or under contract to SELLER or SELLER's lower tier suppliers, unless authorized in advance by an export license (such as Technical Assistance Agreement (TAA) or Manufacturing License Agreement (MLA), license exception or license exemption, collectively, "Export Authorization"), as required. (b) SELLER shall notify LOCKHEED XXXXXX if any deliverable under this Contract is restricted by applicable Trade Control Laws. Before providing LOCKHEED XXXXXX any item or data controlled under any of the Trade Control Laws, SELLER shall provide in writing to the LOCKHEED XXXXXX Procurement Representative the export classification of any such item or controlled data (i.e. the export classification under the EAR, ITAR, EU List of Dual Use Items and Technology, Wassenaar Arrangement’s List of Dual-Use Goods and Technologies or other applicable export control list) and shall notify the LOCKHEED XXXXXX Procurement Representative in writing of any changes to the export classification information of the item or controlled data. SELLER represents that an official authorized to bind the SELLER has determined that the SELLER or the designer, manufacturer, supplier or other source of the Work has properly determined their export classification. (c) SELLER hereby represents that neither SELLER nor any parent, subsidiary or affiliate of SELLER is included on any of the restricted party lists maintained by the U.S. Government, including the Specially Designated Nationals List regulations administered by the U.S. Treasury Department’s Office of Foreign Assets Control (“OFAC”) (31 CFR Part 500-598), Denied Parties List, Unverified List or Entity List maintained ; (iv) the regulations administered by the U.S. Commerce Department’s Department of Justice, Bureau of Industry Alcohol, Tobacco, Firearms, and Security Explosives (“BISATF”) found in 27 CFR Chapter II; (v) all other applicable b. Seller shall control the disclosure, export, re-export, transfer and retransfer of, and access to, any hardware, software, controlled technical data, technology, and/or services (collectively referred to as “items”) received under this Purchase Order to ensure that any such disclosure, export, re- export, transfer or retransfer is undertaken in accordance with U.S. export control laws and regulations. Seller agrees that no controlled items provided by Xxxxx in connection with this Purchase Order shall be provided to any person or entity unless the transfer is expressly permitted by a c. Seller shall notify Buyer if any deliverable under this Purchase Order, for which the Seller is the design authority, is subject to U.S. export and import controls laws and regulations described in Paragraph 23(a), . Before providing Buyer any deliverable subject to the EAR or the ITAR, Seller shall provide in writing to the Buyer’s Procurement Representative the export classification of any such item or controlled data, including the export classification of any: (i) dual use goods and technology subject to the EAR, including any embedded ITAR-controlled or EAR 500 or 600 series’ item or technology; (ii) defense article, including any technical data, controlled by the ITAR; and (iii) item or technology controlled by the EU List of Statutorily Debarred Parties maintained Dual Use Items or by other applicable national export control lists. d. If Seller is or has been engaged in the U.S. State Department’s in the business of either exporting, manufacturing or brokering ITAR Items, Seller represents that it is registered and maintains its registration with the Directorate of Defense Trade Controls, or the consolidated list of asset freeze targets designated by the United Nations, European Union, and United Kingdom Controls (collectively, “Restricted Party ListsDDTC”). SELLER , as may be required by 22 C.F.R. 122.1 of the ITAR and that it maintains an effective export/import compliance program in accordance with DDTC guidelines. e. Seller shall immediately notify the LOCKHEED XXXXXX Procurement Representative Buyer if SELLERSeller is, or any parentbecomes, subsidiary listed in the Restricted or affiliate of SELLER becomes listed on any Restricted Party Denied Parties List or if SELLER's Seller’s export privileges are otherwise denied, suspended or revoked in whole or in part by any U.S. or non-U.S. government Government entity or agency. (d) If SELLER is engaged in the business of exporting manufacturing (whether exporting or not) or brokering defense articles or furnishing defense services, SELLER represents that it is and will continue to be registered with the Directorate of Defense Trade Controls, as required by the ITAR, and it maintains an effective export/import compliance program in accordance with the ITAR. (e) . Where SELLER Seller is a party to or signatory under a LOCKHEED XXXXXX Export AuthorizationCompany export license or export agreement (e.g., SELLER Technical Assistance Agreement, Manufacturing License Agreement), Seller shall provide prompt notification to the LOCKHEED XXXXXX Procurement Representative Buyer in the event of (1) changed circumstances including, but not limited to, ineligibility, a violation or potential violation of the ITAR any U.S. Export Control Law, or other applicable governmental restrictions, and the initiation or existence of a U.S. Government investigation, investigation that could affect SELLER's the Seller’s performance under this Contract, or (2) any change by SELLER that might require LOCKHEED XXXXXX to submit an amendment to an existing Export Authorization or request a new or replacement Export Authorization. SELLER shall provide to LOCKHEED XXXXXX all information and documentation as may reasonably be required for LOCKHEED XXXXXX to prepare and submit any required export license applications. Delays on SELLER's part to submit the relevant information for export licenses shall not constitute an excusable delay under this Contract. (f) SELLER shall include paragraphs (a) through (d) and this paragraph (f) of this clause or equivalent provisions in lower tier subcontracts for the delivery of items that will be included in or delivered as Work to LOCKHEED XXXXXX. SELLER shall immediately notify LOCKHEED XXXXXX upon learning that any lower tier subcontractor with which it engages has become listed on the Restricted Parties List. (g) SELLER shall be responsible for all losses, costs, claims, causes of action, damages, liabilities and expense, including attorneys' fees, all expense of litigation and/or settlement, and court costs, arising from any act or omission of SELLER, its officers, employees, agents, suppliers, or subcontractors at any tier, in the performance of any of its obligations under this clause.

Export Control. (ai) SELLER Customer hereby acknowledges that the products, services, and technical data, and the technology or direct products thereof supplied by ADTRAN under these Terms of Sale (“Products and Technology”) are subject to export controls under the laws and regulations of the United States of America (“U.S.”), including the Export Administration Regulations (“EAR”). Customer shall comply with all applicable U.S. export control such laws and economic sanctions laws regulations governing use, export, re-export, and regulationstransfer of ADTRAN Products and Technology and, specifically including but not limited to without limiting the International Traffic in Arms Regulations generality of this Section 11.A (ITARExport Control), 22 C.F.R. 120 et seq.; the Export Administration Regulationsagree to obtain all licenses, 15 C.F.R. 730-774; and the Foreign Assets Control Regulations, 31 C.F.R. 500-598 (collectively, "Trade Control Laws"). Without limiting the foregoing, SELLER shall not transfer any export controlled item, technical data, technology, permits or service, including transfers to foreign persons employed by or associated with, or under contract to SELLER or SELLER's lower tier suppliers, unless authorized in advance by an export license (such as Technical Assistance Agreement (TAA) or Manufacturing License Agreement (MLA), license exception or license exemption, collectively, "Export Authorization"), as required. (b) SELLER shall notify LOCKHEED XXXXXX if any deliverable under this Contract is restricted by applicable Trade Control Laws. Before providing LOCKHEED XXXXXX any item or data controlled under any of the Trade Control Laws, SELLER shall provide in writing to the LOCKHEED XXXXXX Procurement Representative the export classification of any such item or controlled data (i.e. the export classification under the EAR, ITAR, EU List of Dual Use Items and Technology, Wassenaar Arrangement’s List of Dual-Use Goods and Technologies or other applicable export control list) and shall notify the LOCKHEED XXXXXX Procurement Representative in writing of any changes to the export classification information of the item or controlled data. SELLER represents that an official authorized to bind the SELLER has determined that the SELLER or the designer, manufacturer, supplier or other source of the Work has properly determined their export classification. (c) SELLER hereby represents that neither SELLER nor any parent, subsidiary or affiliate of SELLER is included on any of the restricted party lists maintained by the U.S. Government, including the Specially Designated Nationals List administered by the U.S. Treasury Department’s Office of Foreign Assets Control (“OFAC”), Denied Parties List, Unverified List or Entity List maintained by the U.S. Commerce Department’s Bureau of Industry and Security (“BIS”), or the List of Statutorily Debarred Parties maintained by the U.S. State Department’s Directorate of Defense Trade Controls, or the consolidated list of asset freeze targets designated by the United Nations, European Union, and United Kingdom (collectively, “Restricted Party Lists”). SELLER shall immediately notify the LOCKHEED XXXXXX Procurement Representative if SELLER, or any parent, subsidiary or affiliate of SELLER becomes listed on any Restricted Party List or if SELLER's export privileges are otherwise denied, suspended or revoked in whole or in part approvals required by any U.S. or non-U.S. government entity or agency. (d) If SELLER is engaged in government. ADTRAN and Customer each agree to provide the business of exporting manufacturing (whether exporting or not) or brokering defense articles or furnishing defense services, SELLER represents that it is and will continue to be registered with the Directorate of Defense Trade Controls, as required by the ITAR, and it maintains an effective export/import compliance program in accordance with the ITAR. (e) Where SELLER is a party to or signatory under a LOCKHEED XXXXXX Export Authorization, SELLER shall provide prompt notification to the LOCKHEED XXXXXX Procurement Representative in the event of (1) changed circumstances including, but not limited to, ineligibility, a violation or potential violation of the ITAR or other applicable governmental restrictions, and the initiation or existence of a U.S. Government investigation, that could affect SELLER's performance under this Contract, or (2) any change by SELLER that might require LOCKHEED XXXXXX to submit an amendment to an existing Export Authorization or request a new or replacement Export Authorization. SELLER shall provide to LOCKHEED XXXXXX all such information and documentation assistance as may reasonably be required for LOCKHEED XXXXXX by the other in connection with securing such authorizations, licenses, approvals, and permits, and to prepare take timely action to obtain all required import and submit any required export license applications. Delays on SELLER's part to submit the relevant information for export licenses shall not constitute an excusable delay under this Contractdocuments. (fii) SELLER shall include paragraphs Customer will not use, distribute, transfer, or transmit any product, software, or technical information provided under these Terms of Sale (aeven if incorporated into other products) through except in compliance with U.S. Export Laws and U.S. Customs Regulations (d) and this paragraph (f) “Export Laws”). Customer will not, directly or indirectly, export or re- export items covered under these Terms of this clause Sale to any country which is in the current list of prohibited countries, or equivalent provisions to any prohibited “Specially Designated National” or “Blocked Persons” specified in lower tier subcontracts for the delivery of items that will applicable Export Laws. Information regarding such regulations may be included in or delivered as Work to LOCKHEED XXXXXX. SELLER shall immediately notify LOCKHEED XXXXXX upon learning that any lower tier subcontractor with which it engages has become listed on found at the Restricted Parties Listfollowing website: xxxx://xxx.xxx.xxx.xxx/index.php/regulati ons. (giii) SELLER Customer understands and agrees that ADTRAN has no control over, and shall not be responsible for all lossesfor, costs, claims, causes of action, damages, liabilities and expense, including attorneys' fees, all expense of litigation the time taken by the governmental agencies to process the licenses required to export and/or settlementre- export Products ordered or requested by Customer. ADTRAN agrees to promptly notify Customer, and court costsCustomer agrees to promptly notify ADTRAN, arising from in writing of any act written authorization issued by the Treasury Department, U.S. Department of Commerce Office of Export Licensing to export or omission re-export any such items referenced in these Terms of SELLERSale. The obligations stated in this Section 11.A (Export Control) will survive the expiration, its officers, employees, agents, supplierscancellation, or subcontractors at termination of these Terms of Sale or any tier, in the performance of any of its obligations under this clauseother related agreement.

Export Control. (a) SELLER shall comply with all applicable U.S. and non-U.S. sanctions and export control laws and economic sanctions laws laws, rules and regulations, specifically including but not limited to to, the International Traffic in Arms Regulations Regulation (“ITAR”), 22 C.F.R. 120 et seq.; , the Export Administration RegulationsRegulations (“EAR”), 15 C.F.R. 730-774; and , the Foreign Assets Control Regulations, 31 C.F.R. 500-598 and EU controls on exports of dual- use items and technology implemented pursuant to Council Regulation (EC) No. 428/2009, in addition to New Zealand specific laws and regulations including but not limited to the Customs and Excise Act 1996, Custom and Excise Regulation 1996, Customs Export Prohibition Order 2014, “Export Control Act “ and other relevant laws and regulations (collectively, "“Trade Control Laws"”). Without limiting the foregoing, SELLER shall not transfer any export controlled item, technical item or data, technology, or service, including transfers to foreign persons dual/third country nationals employed by or associated with, or under contract to SELLER or SELLER's lower tier suppliers, unless authorized in advance by an export license (such as Technical Assistance Agreement (TAA) or Manufacturing License Agreement (MLA), license exception or license exemption, collectively, "Export Authorization"), other appropriate authority as required. (b) SELLER shall notify LOCKHEED XXXXXX if any deliverable under this Contract is restricted by applicable Trade Control Laws. Before providing LOCKHEED XXXXXX any item or data controlled under any of the Trade Control Laws, SELLER shall provide in writing to the LOCKHEED XXXXXX Procurement Representative the export classification of any such item or controlled data (i.e. the export classification under the EAR, ITAR, EU List of Dual Use Items and Technology, Wassenaar Arrangement’s List of Dual-Use Goods and Technologies or other applicable export control list) and ), and, shall notify the LOCKHEED XXXXXX Procurement Representative in writing of any changes to the export classification information of the item or controlled data. SELLER represents that an official authorized to bind the SELLER has determined that the SELLER or the designer, manufacturer, supplier or other source of the Work has properly determined their export classification. (c) SELLER hereby represents that neither SELLER nor any parent, subsidiary or affiliate of SELLER is included on any of the restricted party lists maintained by the U.S. Government, including the Specially Designated Nationals List administered by the U.S. Treasury Department’s Office of Foreign Assets Control (“OFAC”), Denied Parties List, Unverified List or Entity List maintained by the U.S. Commerce Department’s Bureau of Industry and Security (“BIS”), ) or the List of Statutorily Debarred Parties maintained by the U.S. State Department’s Directorate of Defense Trade Controls, or the consolidated list of asset freeze targets designated by the United Nations, European Union, and United Kingdom (collectively, “Restricted Party Lists”). SELLER shall immediately notify the LOCKHEED XXXXXX Procurement Representative if SELLER, SELLER or any parent, subsidiary or affiliate of SELLER becomes is, or becomes, listed on any Restricted Party List or if SELLER's export privileges are otherwise denied, suspended or revoked in whole or in part by any U.S. or non-U.S. government entity or agency, or by any entity or agency of SELLER's own country. (d) If LOCKHEED XXXXXX ITAR Controlled Technical Data can be provided only to SELLER’s same country national employees. Third country national employees and/or dual country national employees of SELLER is engaged in are not authorized to receive LOCKHEED XXXXXX ITAR Controlled Technical Data without separate authorization and approval by LOCKHEED XXXXXX and the business of exporting manufacturing (whether exporting or not) or brokering defense articles or furnishing defense services, SELLER represents that it is and will continue to be registered with the Directorate of Defense Trade Controls, as required by the ITAR, and it maintains an effective export/import compliance program in accordance with the ITARU.S. Government. (e) Where SELLER is a party to or signatory under a LOCKHEED XXXXXX Export Authorization, SELLER shall provide prompt notification to the LOCKHEED XXXXXX Procurement Representative in the event of (1) changed circumstances including, but not limited to, ineligibility, a violation or potential violation of the ITAR or other applicable governmental restrictions, and the initiation or existence of a U.S. Government government investigation, that could affect SELLER's performance under this Contract, Contract or (2) any change by SELLER that might require LOCKHEED XXXXXX to submit an amendment to an existing Export Authorization or request a new or replacement Export Authorization. SELLER shall provide to LOCKHEED XXXXXX all information and documentation as may reasonably be required for LOCKHEED XXXXXX to prepare and submit any required export license Export Authorization applications. Delays on SELLER's part to submit the relevant information for export licenses shall not constitute an excusable delay under this Contract. (f) If sublicensing is authorized in writing by LOCKHEED XXXXXX and the U.S. Government under a current and applicable TAA (or other Export Authorization), SELLER shall include paragraphs comply with the following: (a1) through Obtain an ITAR Non-Disclosure Agreement (dNDA) in the format approved by the U.S. State Department’s Directorate of Defense Trade Controls (“DDTC”) from each authorized lower-tier Supplier which SELLER will sublicense ITAR Controlled Technical Data to; and (2) Provide a copy of the fully executed ITAR NDA to the LOCKHEED XXXXXX Procurement Representative; and (3) Upon completion of (1) and this paragraph (f2) above, Lockheed Xxxxxx will acknowledge receipt of this clause or equivalent provisions in the NDA and provide authorization to SELLER to provide LOCKHEED XXXXXX ITAR Controlled Technical Data to its authorized lower-tier Suppliers; and (4) SELLER shall not provide LOCKHEED XXXXXX ITAR Controlled Technical Data to a lower-tier Supplier until after items (1) and (2) above have been completed; and (5) LOCKHEED XXXXXX ITAR Controlled Technical Data can be provided to SELLER's lower-tier Supplier's employees within the territory of the authorized country(ies) only; and (6) Third country and dual country national employees of SELLER's authorized lower tier subcontracts for the delivery of items that will be included in or delivered as Work Suppliers are not authorized to LOCKHEED XXXXXX. SELLER shall immediately notify receive LOCKHEED XXXXXX upon learning that any lower tier subcontractor with which it engages has become listed on ITAR Controlled Technical Data without separate authorization and approval by LOCKHEED XXXXXX and the Restricted Parties ListU.S. Government. (g) SELLER shall be responsible for all losses, costs, claims, causes of action, damages, liabilities and expense, including attorneys' attorney’s fees, all expense of litigation and/or settlement, and court costs, arising from any act or omission of SELLER, its officers, employees, agents, suppliers, or subcontractors at any tier, in the performance of any of its obligations under this clause.

Export Control. (a) SELLER shall comply with all applicable U.S. export control laws and economic sanctions laws and regulations, specifically including but not limited to the International Traffic in Arms Regulations (ITAR), 22 C.F.R. 120 et seq.. the Export Control Reform Act; the Export Administration Regulations, 15 C.F.R. 730-774; and the Foreign Assets Control Regulations, 31 C.F.R. 500-598 (collectively, "Trade Control Laws"). Without limiting the foregoing, SELLER shall not transfer any export controlled item, technical data, technology, or service, including transfers to foreign persons employed by or associated with, or under contract to SELLER or SELLER's lower tier suppliers, unless authorized in advance by an export license (such as Technical Assistance Agreement (TAA) or Manufacturing License Agreement (MLA), license exception or license exemption, collectively, "Export Authorization"), as required. (b) SELLER shall notify LOCKHEED XXXXXX VETERANS TRADING COMPANY if any deliverable under this Contract is restricted by applicable Trade Control Laws. Before providing LOCKHEED XXXXXX VETERANS TRADING COMPANY any item or data controlled under any of the Trade Control Laws, SELLER shall provide in writing to the LOCKHEED XXXXXX VETERANS TRADING COMPANY Procurement Representative the export classification of any such item or controlled data (i.e. the export classification under the EAR, ITAR, EU List of Dual Use Items and Technology, Wassenaar Arrangement’s List of Dual-Use Goods and Technologies or other applicable export control list) and shall notify the LOCKHEED XXXXXX VETERANS TRADING COMPANY Procurement Representative in writing of any changes to the export classification information of the item or controlled data. SELLER represents that an official authorized to bind the SELLER has determined that the SELLER or the designer, manufacturer, supplier or other source of the Work has properly determined their export classification. (c) SELLER shall not export, re-export, transfer, disclose or otherwise provide or make accessible VETERANS TRADING COMPANY’s technical data and/or hardware controlled by Trade Control Laws ("Export Controlled Information") to any persons, or entities not authorized to receive or have access to the data, services and/or hardware, including third country/dual national employees, lower-tier subcontractors and sub-licensees, or modify or divert such Export Controlled Information to any military application unless SELLER receives advance, written authorization from VETERANS TRADING COMPANY and verification of any required export authorization is in place. SELLER shall not provide a defense service as defined by the Trade Control Laws using any or all of VETERANS TRADING COMPANY’s technical data and/or hardware. Upon VETERANS TRADING COMPANY’s request, SELLER shall demonstrate to VETERANS TRADING COMPANY 's reasonable satisfaction, SELLER’s and SELLER’s lower-tier subcontractors’ compliance with this clause and all Trade Control Laws. To the extent SELLER’s Work provided under this Contract include packing, labeling, processing, and/or handling exports for VETERANS TRADING COMPANY, SELLER shall maintain an auditable process that assures accurate packing, labeling, processing, and handling of such exports. SELLER shall also promptly notify VETERANS TRADING COMPANY if it becomes aware of any failure by SELLER or SELLER’s lower- tier subcontractors to comply with this clause and shall cooperate with VETERANS TRADING COMPANY in any investigation of such failure to comply. (d) SELLER hereby represents that neither SELLER nor any parent, subsidiary or affiliate of SELLER is included on any of the restricted party lists maintained by the U.S. Government, including the Specially Designated Nationals List administered by the U.S. Treasury Department’s Office of Foreign Assets Control (“OFAC”), Denied Parties List, Unverified List or Entity List maintained by the U.S. Commerce Department’s Bureau of Industry and Security (“BIS”), or the List of Statutorily Debarred Parties maintained by the U.S. State Department’s Directorate of Defense Trade Controls, or the consolidated list of asset freeze targets designated by the United Nations, European Union, and United Kingdom (collectively, “Restricted Party Lists”). SELLER shall immediately notify the LOCKHEED XXXXXX VETERANS TRADING COMPANY Procurement Representative if SELLER, or any parent, subsidiary or affiliate of SELLER becomes listed on any Restricted Party List or if SELLER's export privileges are otherwise denied, suspended or revoked in whole or in part by any U.S. or non-U.S. government entity or agency. (de) If SELLER is engaged in the business of exporting manufacturing (whether exporting or not) or brokering defense articles or furnishing defense services, SELLER represents that it is and will continue to be registered with the Directorate of Defense Trade Controls, as required by the ITAR, and it maintains an effective export/import compliance program in accordance with the ITAR. (ef) Where SELLER is a party to or signatory under a LOCKHEED XXXXXX VETERANS TRADING COMPANY Technical Assistance Agreement (TAA) or Manufacturing License Agreement (MLA), license exception or license exemption, collectively, “Export Authorization, ,” SELLER shall provide prompt notification to the LOCKHEED XXXXXX VETERANS TRADING COMPANY Procurement Representative in the event of (1) changed circumstances including, but not limited to, ineligibility, a violation or potential violation of the ITAR or other applicable governmental restrictions, and the initiation or existence of a U.S. Government investigation, that could affect SELLER's performance under this Contract, or (2) any change by SELLER that might require LOCKHEED XXXXXX VETERANS TRADING COMPANY to submit an amendment to an existing Export Authorization or request a new or replacement Export Authorization. SELLER shall provide to LOCKHEED XXXXXX VETERANS TRADING COMPANY all information and documentation as may reasonably be required for LOCKHEED XXXXXX VETERANS TRADING COMPANY to prepare and submit any required export license applications. Delays on SELLER's part to submit the relevant information for export licenses shall not constitute an excusable delay under this Contract. (fg) Upon completion of performance of this Contract, SELLER and its lower-tier subcontractors shall as directed by VETRANS TRADING COMPANY, return or destroy all export controlled technical data, technology, hardware or other items. SELLER shall provide a certificate of destruction for all destroyed items. (h) SELLER shall include paragraphs (a) through (dg) and this paragraph (fh) of this clause or equivalent provisions in lower lower-tier subcontracts for the delivery of items that will be included in or delivered as Work to LOCKHEED XXXXXXVETERANS TRADING COMPANY. SELLER shall immediately notify LOCKHEED XXXXXX VETERANS TRADING COMPANY upon learning that any lower lower-tier subcontractor with which it engages has become listed on the Restricted Parties List. (gi) SELLER shall be responsible for all losses, costs, claims, causes of action, damages, liabilities and expense, including attorneys' attorney's fees, all expense of litigation and/or settlement, and court costs, arising from any act or omission of SELLER, its officers, employees, agents, suppliers, or subcontractors at any tier, in the performance of any of its obligations under this clause.

Export Control. (a) SELLER shall comply with all applicable U.S. and non-U.S. sanctions and export control laws and economic sanctions laws laws, rules and regulations, specifically including but not limited to to, the International Traffic in Arms Regulations Regulation (“ITAR”), 22 C.F.R. 120 et seq.; , the Export Administration RegulationsRegulations (“EAR”), 15 C.F.R. 730-774; and , the Foreign Assets Control Regulations, 31 C.F.R. 500-598 598, EU controls on exports of dual-use items and technology implemented pursuant to Regulation (EU) 2021/821 (as amended), and the U.K. controls on exports in the Export Control Xxx 0000, Export Control Order 2008 (as amended) and the Retained Dual-Use Regulation, in addition to New Zealand specific laws and regulations including but not limited to the Customs and Excise Xxx 0000, Custom and Excise Regulation 1996, Customs Export Prohibition Order 2014, “Export Control Act “ and other relevant laws and regulations (collectively, "“Trade Control Laws"”). Without limiting the foregoing, SELLER shall not transfer any export controlled item, technical item or data, technology, or service, including transfers to foreign persons dual/third country nationals employed by or associated with, or under contract to SELLER or SELLER's lower tier suppliers, unless authorized in advance by an export license (such as Technical Assistance Agreement (TAA) or Manufacturing License Agreement (MLA), license exception or license exemption, collectively, "Export Authorization"), other appropriate authority as required. (b) SELLER shall notify LOCKHEED XXXXXX if any deliverable under this Contract is restricted by applicable Trade Control Laws. Before providing LOCKHEED XXXXXX any item or data controlled under any of the Trade Control Laws, SELLER shall provide in writing to the LOCKHEED XXXXXX Procurement Representative the export classification of any such item or controlled data (i.e. the export classification under the EAR, ITAR, EU List of Dual Use Items and Technology, Wassenaar Arrangement’s List of Dual-Use Goods and Technologies or other applicable export control list) and ), and, shall notify the LOCKHEED XXXXXX Procurement Representative in writing of any changes to the export classification information of the item or controlled data. SELLER represents that an official authorized to bind the SELLER has determined that the SELLER or the designer, manufacturer, supplier or other source of the Work has properly determined their export classification. (c) SELLER hereby represents that neither SELLER nor any parent, subsidiary or affiliate of SELLER is included on any of the restricted party lists maintained by the U.S. Government, including the Specially Designated Nationals List administered by the U.S. Treasury Department’s Office of Foreign Assets Control (“OFAC”), Denied Parties List, Unverified List or Entity List maintained by the U.S. Commerce Department’s Bureau of Industry and Security (“BIS”), ) or the List of Statutorily Debarred Parties maintained by the U.S. State Department’s Directorate of Defense Trade Controls, or the consolidated list of asset freeze targets designated by the United Nations, European Union, and United Kingdom (collectively, “Restricted Party Lists”). SELLER shall immediately notify the LOCKHEED XXXXXX Procurement Representative if SELLER, SELLER or any parent, subsidiary or affiliate of SELLER becomes is, or becomes, listed on any Restricted Party List or if SELLER's export privileges are otherwise denied, suspended or revoked in whole or in part by any U.S. or non-U.S. government entity or agency, or by any entity or agency of SELLER's own country. (d) If LOCKHEED XXXXXX ITAR Controlled Technical Data can be provided only to SELLER’s same country national employees. Third country national employees and/or dual country national employees of SELLER is engaged in are not authorized to receive LOCKHEED XXXXXX ITAR Controlled Technical Data without separate authorization and approval by LOCKHEED XXXXXX and the business of exporting manufacturing (whether exporting or not) or brokering defense articles or furnishing defense services, SELLER represents that it is and will continue to be registered with the Directorate of Defense Trade Controls, as required by the ITAR, and it maintains an effective export/import compliance program in accordance with the ITARU.S. Government. (e) Where SELLER is a party to or signatory under a LOCKHEED XXXXXX Export Authorization, SELLER shall provide prompt notification to the LOCKHEED XXXXXX Procurement Representative in the event of (1) changed circumstances including, but not limited to, ineligibility, a violation or potential violation of the ITAR or other applicable governmental restrictions, and the initiation or existence of a U.S. Government government investigation, that could affect SELLER's performance under this Contract, Contract or (2) any change by SELLER that might require LOCKHEED XXXXXX to submit an amendment to an existing Export Authorization or request a new or replacement Export Authorization. SELLER shall provide to LOCKHEED XXXXXX all information and documentation as may reasonably be required for LOCKHEED XXXXXX to prepare and submit any required export license Export Authorization applications. Delays on SELLER's part to submit the relevant information for export licenses shall not constitute an excusable delay under this Contract. (f) If sublicensing is authorized in writing by LOCKHEED XXXXXX and the U.S. Government under a current and applicable TAA (or other Export Authorization), SELLER shall include paragraphs comply with the following: (a1) through Obtain an ITAR Non-Disclosure Agreement (dNDA) in the format approved by the U.S. State Department’s Directorate of Defense Trade Controls (“DDTC”) from each authorized lower-tier Supplier which SELLER will sublicense ITAR Controlled Technical Data to; and (2) Provide a copy of the fully executed ITAR NDA to the LOCKHEED XXXXXX Procurement Representative; and (3) Upon completion of (1) and this paragraph (f2) above, Lockheed Xxxxxx will acknowledge receipt of this clause or equivalent provisions in the NDA and provide authorization to SELLER to provide LOCKHEED XXXXXX ITAR Controlled Technical Data to its authorized lower-tier Suppliers; and (4) SELLER shall not provide LOCKHEED XXXXXX ITAR Controlled Technical Data to a lower-tier Supplier until after items (1) and (2) above have been completed; and (5) LOCKHEED XXXXXX ITAR Controlled Technical Data can be provided to SELLER's lower-tier Supplier's employees within the territory of the authorized country(ies) only; and (6) Third country and dual country national employees of SELLER's authorized lower tier subcontracts for the delivery of items that will be included in or delivered as Work Suppliers are not authorized to LOCKHEED XXXXXX. SELLER shall immediately notify receive LOCKHEED XXXXXX upon learning that any lower tier subcontractor with which it engages has become listed on ITAR Controlled Technical Data without separate authorization and approval by LOCKHEED XXXXXX and the Restricted Parties ListU.S. Government. (g) SELLER shall be responsible for all losses, costs, claims, causes of action, damages, liabilities and expense, including attorneys' attorney’s fees, all expense of litigation and/or settlement, and court costs, arising from any act or omission of SELLER, its officers, employees, agents, suppliers, or subcontractors at any tier, in the performance of any of its obligations under this clause.

Export Control. (a) SELLER shall comply with all applicable U.S. and non-U.S. sanctions and export control laws and economic sanctions laws laws, rules and regulations, specifically including but not limited to to, the International Traffic in Arms Regulations Regulation (“ITAR”), 22 C.F.R. 120 et seq.; , the Export Control Reform Act of 2018, the Export Administration RegulationsRegulations (“EAR”), 15 C.F.R. 730-774; and , the Foreign Assets Control Regulations, 31 C.F.R. 500-598 and EU controls on exports of dual-use items and technology implemented pursuant to Council Regulation (EC) No. 428/2009 (collectively, "“Trade Control Laws"”). Without limiting the foregoing, SELLER shall not transfer any export controlled item, technical item or data, technology, or service, including transfers to foreign persons dual/third country nationals employed by or associated with, or under contract to SELLER or SELLER's lower tier suppliers, unless authorized in advance by an export license agreement (such as e.g. Technical Assistance Agreement (TAA) or Manufacturing License Licensing Agreement (MLA)), license exception or license exemption, exemption (collectively, "“Export Authorization"”), as required. (b) SELLER shall notify LOCKHEED XXXXXX if any deliverable under this Contract is restricted by applicable Trade Control Laws. Before providing LOCKHEED XXXXXX any item or data controlled under any of the Trade Control Laws, SELLER shall provide in writing to the LOCKHEED XXXXXX Procurement Representative the export classification of any such item or controlled data (i.e. the export classification under the EAR, ITAR, EU List of Dual Use Items and Technology, Wassenaar Arrangement’s List of Dual-Use Goods and Technologies or other applicable export control list) and ), and, shall notify the LOCKHEED XXXXXX Procurement Representative in writing of any changes to the export classification information of the item or controlled data. SELLER represents that an official authorized to bind the SELLER has determined that the SELLER or the designer, manufacturer, supplier or other source of the Work has properly determined their export classification. (c) SELLER hereby represents that neither SELLER nor any parent, subsidiary or affiliate of SELLER is included on any of the restricted party lists maintained by the U.S. Government, including the Specially Designated Nationals List administered by the U.S. Treasury Department’s Office of Foreign Assets Control (“OFAC”), Denied Parties List, Unverified List or Entity List maintained by the U.S. Commerce Department’s Bureau of Industry and Security (“BIS”), ) or the List of Statutorily Debarred Parties maintained by the U.S. State Department’s Directorate of Defense Trade Controls, or the consolidated list of asset freeze targets designated by the United Nations, European Union, and United Kingdom (collectively, “Restricted Party Lists”). SELLER shall immediately notify the LOCKHEED XXXXXX Procurement Representative if SELLER, SELLER or any parent, subsidiary or affiliate of SELLER becomes is, or becomes, listed on any Restricted Party List or if SELLER's export privileges are otherwise denied, suspended or revoked in whole or in part by any U.S. or non-U.S. government entity or agency, or by any entity or agency of SELLER's own country. (d) If LOCKHEED XXXXXX ITAR Controlled Technical Data can be provided only to SELLER’s same country national employees. Third country national employees and/or dual country national employees of SELLER is engaged in are not authorized to receive LOCKHEED XXXXXX ITAR Controlled Technical Data without separate authorization and approval by LOCKHEED XXXXXX and the business of exporting manufacturing (whether exporting or not) or brokering defense articles or furnishing defense services, SELLER represents that it is and will continue to be registered with the Directorate of Defense Trade Controls, as required by the ITAR, and it maintains an effective export/import compliance program in accordance with the ITARU.S. Government. (e) If ITAR Controlled technical data required to perform this Contract is exported pursuant to ITAR 124.13 to SELLER under a DSP-5, Offshore Procurement license, SELLER shall comply with the following: (1) ITAR Controlled technical data shall be used only to manufacture the Work required by this Contract; and (2) ITAR Controlled technical data shall not be disclosed to any other person except lower-tier subcontractors within the same country; and (3) Any rights in ITAR Controlled technical data may not be acquired by any foreign person; and (4) SELLER, including lower-tier subcontractors, shall return, or at LOCKHEED XXXXXX'x direction, destroy all of the ITAR Controlled technical data exported to SELLER pursuant to this Contract upon fulfillment of its terms; and (5) Unless otherwise directed by LOCKHEED XXXXXX, SELLER shall deliver the Work only to LOCKHEED XXXXXX in the United States or to an agency of the U.S. Government.; and (6) SELLER shall include the terms of this paragraph (e) in all lower-tier subcontracts issued when ITAR Controlled technical data is provided to the lower-tier subcontractor. (f) Where SELLER is a party to or signatory under a LOCKHEED XXXXXX Export Authorization, SELLER shall provide prompt notification to the LOCKHEED XXXXXX Procurement Representative in the event of (1) changed circumstances including, but not limited to, ineligibility, a violation or potential violation of the ITAR or other applicable governmental restrictions, and the initiation or existence of a U.S. Government government investigation, that could affect SELLER's performance under this Contract, Contract or (2) any change by SELLER that might require LOCKHEED XXXXXX to submit an amendment to an existing Export Authorization or request a new or replacement Export Authorization. SELLER shall provide to LOCKHEED XXXXXX all information and documentation as may reasonably be required for LOCKHEED XXXXXX to prepare and submit any required export license Export Authorization applications. Delays on SELLER's part to submit the relevant information for export licenses shall not constitute an excusable delay under this Contract. (fg) If sublicensing is authorized in writing by LOCKHEED XXXXXX and the U.S. Government under a current and applicable TAA (or other Export Authorization), SELLER shall comply with the following: (1) Obtain an ITAR Non-Disclosure Agreement (NDA) in the format approved by the U.S. State Department’s Directorate of Defense Trade Controls (“DDTC”) from each authorized lower-tier Supplier which SELLER will sublicense ITAR Controlled Technical Data to; and (2) Provide a copy of the fully executed ITAR NDA to the LOCKHEED XXXXXX Procurement Representative; and (3) Upon completion of (1) and (2) above, Lockheed Xxxxxx will acknowledge receipt of the NDA and provide authorization to SELLER to provide LOCKHEED XXXXXX ITAR Controlled Technical Data to its authorized lower-tier Suppliers; and (4) SELLER shall include paragraphs not provide LOCKHEED XXXXXX ITAR Controlled Technical Data to a lower-tier Supplier until after items (a) through (d1) and this paragraph (f2) of this clause or equivalent provisions in lower tier subcontracts for the delivery of items that will be included in or delivered as Work to LOCKHEED XXXXXX. SELLER shall immediately notify above have been completed; and (5) LOCKHEED XXXXXX upon learning that any lower ITAR Controlled Technical Data can be provided to SELLER's lower-tier subcontractor with which it engages has become listed on Supplier's employees within the Restricted Parties Listterritory of the authorized country(ies) only; and (6) Third country and dual country national employees of SELLER's authorized lower-tier Suppliers are not authorized to receive LOCKHEED XXXXXX ITAR Controlled Technical Data without separate authorization and approval by LOCKHEED XXXXXX and the U.S. Government. (gh) SELLER shall be responsible for all losses, costs, claims, causes of action, damages, liabilities and expense, including attorneys' attorney's fees, all expense of litigation and/or settlement, and court costs, arising from any act or omission of SELLER, its officers, employees, agents, suppliers, or subcontractors at any tier, in the performance of any of its obligations under this clause.

Export Control. (a) SELLER shall comply with all applicable U.S. export control laws and economic sanctions laws and regulations, specifically including but not limited to the International Traffic in Arms Regulations (ITAR), 22 C.F.R. 120 et seq.; the Export Administration Regulations, 15 C.F.R. 730-774; and the Foreign Assets Control Regulations, 31 C.F.R. 500-598 (collectively, "Trade Control Laws"). Without limiting the foregoing, SELLER shall not transfer any export controlled item, technical data, technology, or service, including transfers to foreign persons employed by or associated with, or under contract to SELLER or SELLER's lower tier suppliers, unless authorized in advance by an export license (such as Technical Assistance Agreement (TAA) or Manufacturing License Agreement (MLA), license exception or license exemption, collectively, "Export Authorization"), as required. (b) SELLER shall notify LOCKHEED XXXXXX if any deliverable under this Contract is restricted by applicable Trade Control Laws. Before providing LOCKHEED XXXXXX any item or data controlled under any of the Trade Control Laws, SELLER shall provide in writing to the LOCKHEED XXXXXX Procurement Representative the export classification of any such item or controlled data (i.e. the export classification under the EAR, ITAR, EU List of Dual Use Items and Technology, Wassenaar ArrangementAgreement’s List of Dual-Use Goods and Technologies or other applicable export control list) and shall notify the LOCKHEED XXXXXX Procurement Representative in writing of any changes to the export classification information of the item or controlled data. SELLER represents that an official authorized to bind the SELLER has determined that the SELLER or the designer, manufacturer, supplier or other source of the Work has properly determined their export classification. (c) SELLER hereby represents that neither SELLER nor any parent, subsidiary or affiliate of SELLER is included on any of the restricted party lists maintained by the U.S. Government, including the Specially Designated Nationals List administered by the U.S. Treasury Department’s Office of Foreign Assets Control (“OFAC”), Denied Parties List, Unverified List or Entity List maintained by the U.S. Commerce Department’s Bureau of Industry and Security (“BIS”), or the List of Statutorily Debarred Parties maintained by the U.S. State Department’s Directorate of Defense Trade Controls, or the consolidated list of asset freeze targets designated by the United Nations, European Union, and United Kingdom (collectively, “Restricted Party Lists”). SELLER shall immediately notify the LOCKHEED XXXXXX Procurement Representative if SELLER, or any parent, subsidiary or affiliate of SELLER becomes listed on any Restricted Party List or if SELLER's export privileges are otherwise denied, suspended or revoked in whole or in part by any U.S. or non-U.S. government entity or agency. (d) If SELLER is engaged in the business of exporting manufacturing (whether exporting or not) or brokering defense articles or furnishing defense services, SELLER represents that it is and will continue to be registered with the Directorate of Defense Trade Controls, as required by the ITAR, and it maintains an effective export/import compliance program in accordance with the ITAR. (e) Where SELLER is a party to or signatory under a LOCKHEED XXXXXX Export Authorization, SELLER shall provide prompt notification to the LOCKHEED XXXXXX Procurement Representative in the event of (1) changed circumstances including, but not limited to, ineligibility, a violation or potential violation of the ITAR or other applicable governmental restrictions, and the initiation or existence of a U.S. Government investigation, that could affect SELLER's performance under this Contract, or (2) any change by SELLER that might require LOCKHEED XXXXXX to submit an amendment to an existing Export Authorization or request a new or replacement Export Authorization. SELLER shall provide to LOCKHEED XXXXXX all information and documentation as may reasonably be required for LOCKHEED XXXXXX to prepare and submit any required export license applications. Delays on SELLER's part to submit the relevant information for export licenses shall not constitute an excusable delay under this Contract. (f) SELLER shall include paragraphs (a) through (d) and this paragraph (f) of this clause or equivalent provisions in lower tier subcontracts for the delivery of items that will be included in or delivered as Work to LOCKHEED XXXXXX. SELLER shall immediately notify LOCKHEED XXXXXX upon learning that any lower tier subcontractor with which it engages has become listed on the Restricted Parties List. (g) SELLER shall be responsible for all losses, costs, claims, causes of action, damages, liabilities and expense, including attorneys' attorney's fees, all expense of litigation and/or settlement, and court costs, arising from any act or omission of SELLER, its officers, employees, agents, suppliers, or subcontractors at any tier, in the performance of any of its obligations under this clause.

Export Control. (a) SELLER shall comply with all applicable U.S. and non-U.S. sanctions and export control laws and economic sanctions laws laws, rules and regulations, specifically including but not limited to to, the International Traffic in Arms Regulations Regulation (“ITAR”), 22 C.F.R. 120 et seq.; , the Export Administration RegulationsRegulations (“EAR”), 15 C.F.R. 730-774; and , the Foreign Assets Control Regulations, 31 C.F.R. 500-598 and EU controls on exports of dual-use items and technology implemented pursuant to Council Regulation (EC) No. 428/2009, in addition to New Zealand specific laws and regulations including but not limited to the Customs and Excise Xxx 0000, Custom and Excise Regulation 1996, Customs Export Prohibition Order 2014, “Export Control Act “ and other relevant laws and regulations (collectively, "“Trade Control Laws"”). Without limiting the foregoing, SELLER shall not transfer any export controlled item, technical item or data, technology, or service, including transfers to foreign persons dual/third country nationals employed by or associated with, or under contract to SELLER or SELLER's lower tier suppliers, unless authorized in advance by an export license (such as Technical Assistance Agreement (TAA) or Manufacturing License Agreement (MLA), license exception or license exemption, collectively, "Export Authorization"), other appropriate authority as required. (b) SELLER shall notify LOCKHEED XXXXXX if any deliverable under this Contract is restricted by applicable Trade Control Laws. Before providing LOCKHEED XXXXXX any item or data controlled under any of the Trade Control Laws, SELLER shall provide in writing to the LOCKHEED XXXXXX Procurement Representative the export classification of any such item or controlled data (i.e. the export classification under the EAR, ITAR, EU List of Dual Use Items and Technology, Wassenaar Arrangement’s List of Dual-Use Goods and Technologies or other applicable export control list) and ), and, shall notify the LOCKHEED XXXXXX Procurement Representative in writing of any changes to the export classification information of the item or controlled data. SELLER represents that an official authorized to bind the SELLER has determined that the SELLER or the designer, manufacturer, supplier or other source of the Work has properly determined their export classification. (c) SELLER hereby represents that neither SELLER nor any parent, subsidiary or affiliate of SELLER is included on any of the restricted party lists maintained by the U.S. Government, including the Specially Designated Nationals List administered by the U.S. Treasury Department’s Office of Foreign Assets Control (“OFAC”), Denied Parties List, Unverified List or Entity List maintained by the U.S. Commerce Department’s Bureau of Industry and Security (“BIS”), ) or the List of Statutorily Debarred Parties maintained by the U.S. State Department’s Directorate of Defense Trade Controls, or the consolidated list of asset freeze targets designated by the United Nations, European Union, and United Kingdom (collectively, “Restricted Party Lists”). SELLER shall immediately notify the LOCKHEED XXXXXX Procurement Representative if SELLER, SELLER or any parent, subsidiary or affiliate of SELLER becomes is, or becomes, listed on any Restricted Party List or if SELLER's export privileges are otherwise denied, suspended or revoked in whole or in part by any U.S. or non-U.S. government entity or agency, or by any entity or agency of SELLER's own country. (d) If LOCKHEED XXXXXX ITAR Controlled Technical Data can be provided only to SELLER’s same country national employees. Third country national employees and/or dual country national employees of SELLER is engaged in are not authorized to receive LOCKHEED XXXXXX ITAR Controlled Technical Data without separate authorization and approval by LOCKHEED XXXXXX and the business of exporting manufacturing (whether exporting or not) or brokering defense articles or furnishing defense services, SELLER represents that it is and will continue to be registered with the Directorate of Defense Trade Controls, as required by the ITAR, and it maintains an effective export/import compliance program in accordance with the ITARU.S. Government. (e) Where SELLER is a party to or signatory under a LOCKHEED XXXXXX Export Authorization, SELLER shall provide prompt notification to the LOCKHEED XXXXXX Procurement Representative in the event of (1) changed circumstances including, but not limited to, ineligibility, a violation or potential violation of the ITAR or other applicable governmental restrictions, and the initiation or existence of a U.S. Government government investigation, that could affect SELLER's performance under this Contract, Contract or (2) any change by SELLER that might require LOCKHEED XXXXXX to submit an amendment to an existing Export Authorization or request a new or replacement Export Authorization. SELLER shall provide to LOCKHEED XXXXXX all information and documentation as may reasonably be required for LOCKHEED XXXXXX to prepare and submit any required export license Export Authorization applications. Delays on SELLER's part to submit the relevant information for export licenses shall not constitute an excusable delay under this Contract. (f) If sublicensing is authorized in writing by LOCKHEED XXXXXX and the U.S. Government under a current and applicable TAA (or other Export Authorization), SELLER shall include paragraphs comply with the following: (a1) through Obtain an ITAR Non-Disclosure Agreement (dNDA) in the format approved by the U.S. State Department’s Directorate of Defense Trade Controls (“DDTC”) from each authorized lower-tier Supplier which SELLER will sublicense ITAR Controlled Technical Data to; and (2) Provide a copy of the fully executed ITAR NDA to the LOCKHEED XXXXXX Procurement Representative; and (3) Upon completion of (1) and this paragraph (f2) above, Lockheed Xxxxxx will acknowledge receipt of this clause or equivalent provisions in the NDA and provide authorization to SELLER to provide LOCKHEED XXXXXX ITAR Controlled Technical Data to its authorized lower-tier Suppliers; and (4) SELLER shall not provide LOCKHEED XXXXXX ITAR Controlled Technical Data to a lower-tier Supplier until after items (1) and (2) above have been completed; and (5) LOCKHEED XXXXXX ITAR Controlled Technical Data can be provided to SELLER's lower-tier Supplier's employees within the territory of the authorized country(ies) only; and (6) Third country and dual country national employees of SELLER's authorized lower tier subcontracts for the delivery of items that will be included in or delivered as Work Suppliers are not authorized to LOCKHEED XXXXXX. SELLER shall immediately notify receive LOCKHEED XXXXXX upon learning that any lower tier subcontractor with which it engages has become listed on ITAR Controlled Technical Data without separate authorization and approval by LOCKHEED XXXXXX and the Restricted Parties ListU.S. Government. (g) SELLER shall be responsible for all losses, costs, claims, causes of action, damages, liabilities and expense, including attorneys' attorney’s fees, all expense of litigation and/or settlement, and court costs, arising from any act or omission of SELLER, its officers, employees, agents, suppliers, or subcontractors at any tier, in the performance of any of its obligations under this clause.

Export Control. (a) SELLER shall Seller agrees to comply with all applicable U.S. export control laws and economic sanctions laws and regulations, specifically including but not limited to the requirements of the Arms Export Control Act, 22 U.S.C. 2751-2794, the International Traffic in Arms Regulations (ITAR), 22 C.F.R. 120 et seq.; , and the Export Administration RegulationsRegulations (EAR), 15 C.F.R. 730-774; and including the Foreign Assets Control Regulationsrequirement for obtaining any export license or agreement, 31 C.F.R. 500-598 (collectively, "Trade Control Laws")if applicable. Without limiting the foregoing, SELLER shall Seller agrees that it will not transfer any export controlled item, technical data, technologyor services, or service, including transfers to include transfer to foreign persons employed by or associated with, or under contract Contract to SELLER Seller or SELLER's lower Seller’s lower-tier suppliers, unless authorized in advance by without the authority of an export license (such as Technical Assistance Agreement (TAA) license, agreement, or Manufacturing License Agreement (MLA), license exception applicable exemption or license exemption, collectively, "Export Authorization"), as requiredexception. (b) SELLER shall Information furnished to Seller under this Purchase Order may contain Technical data as defined in ITAR at 22 (c) Seller agrees to notify LOCKHEED XXXXXX Buyer if any deliverable under this Contract Purchase Order is restricted by applicable Trade Control Lawsexport control laws or regulations, particularly if those items are controlled by the ITAR. Before providing LOCKHEED XXXXXX any item or data Seller shall inform Buyer of each part number which is controlled under any of the Trade Control Laws, SELLER shall provide in writing to the LOCKHEED XXXXXX Procurement Representative the export classification of upon delivery. Supplier shall inform Buyer in writing if Seller becomes listed on any such item Excluded or controlled data (i.e. the export classification under the EAR, ITAR, EU Denied Party List of Dual Use Items and Technology, Wassenaar Arrangement’s List an agency of Dual-Use Goods and Technologies or other applicable export control list) and shall notify the LOCKHEED XXXXXX Procurement Representative in writing of any changes to the export classification information of the item or controlled data. SELLER represents that an official authorized to bind the SELLER has determined that the SELLER or the designer, manufacturer, supplier or other source of the Work has properly determined their export classification. (c) SELLER hereby represents that neither SELLER nor any parent, subsidiary or affiliate of SELLER is included on any of the restricted party lists maintained by the U.S. Government, including the Specially Designated Nationals List administered by the U.S. Treasury Department’s Office of Foreign Assets Control (“OFAC”), Denied Parties List, Unverified List or Entity List maintained by the U.S. Commerce Department’s Bureau of Industry and Security (“BIS”), or the List of Statutorily Debarred Parties maintained by the U.S. State Department’s Directorate of Defense Trade Controls, or the consolidated list of asset freeze targets designated by the United Nations, European Union, and United Kingdom (collectively, “Restricted Party Lists”). SELLER shall immediately notify the LOCKHEED XXXXXX Procurement Representative if SELLER, or any parent, subsidiary or affiliate of SELLER becomes listed on any Restricted Party List or if SELLER's Seller’s export privileges are otherwise denied, suspended or revoked in whole or in part by any U.S. or non-U.S. government entity or agencyrevoked. (d) If SELLER is engaged in the business of exporting manufacturing (whether exporting or not) or brokering defense articles or furnishing defense services, SELLER represents that it is and will continue to be registered with the Directorate of Defense Trade Controls, as required by the ITAR, and it maintains an effective export/import compliance program in accordance with the ITAR. (e) Where SELLER is a party to or signatory under a LOCKHEED XXXXXX Export Authorization, SELLER shall provide prompt notification to the LOCKHEED XXXXXX Procurement Representative in the event of (1) changed circumstances including, but not limited to, ineligibility, a violation or potential violation of the ITAR or other applicable governmental restrictions, and the initiation or existence of a U.S. Government investigation, that could affect SELLER's performance under this Contract, or (2) any change by SELLER that might require LOCKHEED XXXXXX to submit an amendment to an existing Export Authorization or request a new or replacement Export Authorization. SELLER shall provide to LOCKHEED XXXXXX all information and documentation as may reasonably be required for LOCKHEED XXXXXX to prepare and submit any required export license applications. Delays on SELLER's part to submit the relevant information for export licenses shall not constitute an excusable delay under this Contract. (f) SELLER shall include paragraphs (a) through (d) and this paragraph (f) of this clause or equivalent provisions in lower tier subcontracts for the delivery of items that will be included in or delivered as Work to LOCKHEED XXXXXX. SELLER shall immediately notify LOCKHEED XXXXXX upon learning that any lower tier subcontractor with which it engages has become listed on the Restricted Parties List. (g) SELLER Seller shall be responsible for all losses, costs, claims, causes of actionactions, damages, liabilities and expense, including attorneys' attorney’s fees, all expense expenses of litigation and/or settlement, and court costs, arising from any act or omission of SELLERSeller, its officers, employees, agentsargents, suppliers, or subcontractors at any tier, in the performance of any of its obligations under this clause. (e) Buyer may be required to obtain information concerning citizenship or export status of Seller’s personnel. Seller agrees to provide such information as necessary and certify the information to be true and correct.

Export Control. (a) SELLER shall comply with all applicable U.S. 14.1 Customer acknowledges that the supply of the Equipment or performance of the Services may be subject to domestic and/or foreign statutory provisions and regulations regarding export control laws and including economic sanctions laws and regulations, specifically including but not limited embargos (hereinafter collectively referred to as “Export Control Regulations”). These Export Control Regulations may change from time to time and are applicable according to the International Traffic wording valid at the relevant time. Both parties will adhere to all such Export Control Regulations and cooperate with the competent authorities accordingly. The parties shall not take any action which would be in Arms Regulations (ITAR), 22 C.F.R. 120 et seq.; breach of the Export Administration Regulations, 15 C.F.R. 730-774; and the Foreign Assets Control Regulations. 14.2 KTi’s Quotation is non-binding and subject to an assessment of the final configuration of the Equipment to be delivered/Services to be rendered with respect to the applicable Export Control Regulations as well as the feasibility of the related banking and financial services. 14.3 If applicable, 31 C.F.R. 500-598 (collectivelythe Services may not be performed or the Equipment may not be sold, "Trade Control Laws")supplied, leased or otherwise transferred nor may the Equipment be used for a purpose other than that agreed upon without a necessary export or re- export permit from the competent authorities. Without KTi will use its best efforts to receive the required export permits and provide Customer with a copy of the export permit for Customer’s information on request. Furthermore, and without limiting the foregoing, SELLER shall not transfer any export controlled item, technical data, technology, or service, including transfers re-exportation to foreign persons employed by or associated with, or under contract to SELLER or SELLER's lower tier suppliersRussia and any re-exportation for use in Russia of the Equipment is prohibited, unless authorized explicitly allowed by KTi in advance by an export license (in writing. In case of violation of this prohibition, KTi is obliged to report such as Technical Assistance Agreement (TAA) or Manufacturing License Agreement (MLA)incident to the competent authorities, license exception or license exemption, collectively, "Export Authorization"), as requiredin addition to any further rights KTi may have under Clause 14.4. (b) SELLER shall notify LOCKHEED XXXXXX 14.4 KTi has the right at any time to revoke its Quotation or to withdraw from the Agreement, exempt from any charges and without incurring any liability, if 14.4.1 the required export permits or re-export permits cannot be obtained or cannot be obtained within a reasonable time or, if any deliverable under this Contract once granted, are/is restricted thereafter revoked or modified by applicable Trade Control Laws. Before providing LOCKHEED XXXXXX any item the competent authorities; 14.4.2 Customer, despite a request, provides either none or data controlled under any insufficient information about the final destination or the end use of the Trade Control Laws, SELLER shall provide in writing Equipment to the LOCKHEED XXXXXX Procurement Representative the export classification be delivered; 14.4.3 KTi obtains knowledge of an unintended end use or of any such item or controlled data (i.e. the export classification under the EAR, ITAR, EU List of Dual Use Items and Technology, Wassenaar Arrangement’s List of Dual-Use Goods and Technologies or other applicable export control list) and shall notify the LOCKHEED XXXXXX Procurement Representative in writing of any changes to the export classification information of the item or controlled data. SELLER represents that an official authorized to bind the SELLER has determined that the SELLER or the designer, manufacturer, supplier or other source of the Work has properly determined their export classification. (c) SELLER hereby represents that neither SELLER nor any parent, subsidiary or affiliate of SELLER is included on any of the restricted party lists maintained by the U.S. Government, including the Specially Designated Nationals List administered by the U.S. Treasury Department’s Office of Foreign Assets Control (“OFAC”), Denied Parties List, Unverified List or Entity List maintained by the U.S. Commerce Department’s Bureau of Industry and Security (“BIS”), or the List of Statutorily Debarred Parties maintained by the U.S. State Department’s Directorate of Defense Trade Controls, or the consolidated list of asset freeze targets designated by the United Nations, European Union, and United Kingdom (collectively, “Restricted Party Lists”). SELLER shall immediately notify the LOCKHEED XXXXXX Procurement Representative if SELLER, or any parent, subsidiary or affiliate of SELLER becomes listed on any Restricted Party List or if SELLER's export privileges are otherwise denied, suspended or revoked in whole or in part by any U.S. or non-U.S. government entity or agency. (d) If SELLER is engaged previously unknown person involved in the business and thereafter cannot perform the Agreement due to any Export Control Regulations; 14.4.4 a prohibited or possibly illegal or unlicensed export, re-export or infringement of exporting manufacturing (whether exporting applicable Export Control Regulations occurred or not) cannot be fully ruled out; or 14.4.5 a fundamental change in the appraisal of the commercial risks attached to the business occurs due to any listing of Customer, Customer’s affiliates, Customer’s owners or brokering defense articles other persons involved on Customer’s part in the business on either the consolidated EU or furnishing defense servicesUS screening list. If KTi revokes its Quotation and/or terminates the Agreement on the basis of the above KTi may also re-evaluate its entire business relationship towards the Customer, SELLER represents that it is and will continue which shall include KTi’s right to be registered revoke any other Quotation and/or terminate any other Agreement with the Directorate of Defense Trade Controls, as required by Customer where the ITAR, and it maintains an effective export/import compliance program in accordance with the ITAR. (e) Where SELLER is a party to or signatory under a LOCKHEED XXXXXX Export Authorization, SELLER shall provide prompt notification to the LOCKHEED XXXXXX Procurement Representative in the event of (1) changed circumstances including, but not limited to, ineligibility, a violation or potential violation of the ITAR or other applicable governmental restrictions, and the initiation or existence of a U.S. Government investigation, that could affect SELLER's performance under this Contract, or (2) any change by SELLER that might require LOCKHEED XXXXXX to submit an amendment to an existing Export Authorization or request a new or replacement Export Authorization. SELLER shall provide to LOCKHEED XXXXXX all information and documentation as may reasonably be required for LOCKHEED XXXXXX to prepare and submit any required export license applications. Delays on SELLER's part to submit the relevant information for export licenses shall not constitute an excusable delay under this Contract. (f) SELLER shall include paragraphs (a) through (d) and this paragraph (f) of this clause or equivalent provisions in lower tier subcontracts underlying cause for the delivery of items that will present termination might also be included in or delivered as Work to LOCKHEED XXXXXX. SELLER shall immediately notify LOCKHEED XXXXXX upon learning that any lower tier subcontractor with which it engages has become listed on the Restricted Parties Listpresent. (g) SELLER shall be responsible for all losses, costs, claims, causes of action, damages, liabilities and expense, including attorneys' fees, all expense of litigation and/or settlement, and court costs, arising from any act or omission of SELLER, its officers, employees, agents, suppliers, or subcontractors at any tier, in the performance of any of its obligations under this clause.

Export Control. (a) SELLER shall Seller agrees to comply with all applicable U.S. export control laws and economic sanctions laws and regulations, specifically including but not limited to the requirements of the Arms Export Control Act, 22 U.S.C. 2751-2794, the International Traffic in Arms Regulations (ITAR), 22 C.F.R. 120 et seq.; , and the Export Administration RegulationsRegulations (EAR), 15 C.F.R. 730-774; and including the Foreign Assets Control Regulationsrequirement for obtaining any export license or agreement, 31 C.F.R. 500-598 (collectively, "Trade Control Laws")if applicable. Without limiting the foregoing, SELLER shall Seller agrees that it will not transfer any export controlled item, technical data, technologyor services, or service, including transfers to include transfer to foreign persons employed by or associated with, or under contract Contract to SELLER Seller or SELLER's lower Seller’s lower-tier suppliers, unless authorized in advance by without the authority of an export license (such as Technical Assistance Agreement (TAA) license, agreement, or Manufacturing License Agreement (MLA), license exception applicable exemption or license exemption, collectively, "Export Authorization"), as requiredexception. (b) SELLER shall Information furnished to Seller under this Purchase Order may contain Technical data as defined in ITAR at 22 (c) Seller agrees to notify LOCKHEED XXXXXX Buyer if any deliverable under this Contract Purchase Order is restricted by applicable Trade Control Lawsexport control laws or regulations, particularly if those items are controlled by the ITAR. Before providing LOCKHEED XXXXXX any item or data Seller shall inform Xxxxx of each part number which is controlled under any of the Trade Control Laws, SELLER shall provide in writing to the LOCKHEED XXXXXX Procurement Representative the export classification of upon delivery. Supplier shall inform Xxxxx in writing if Seller becomes listed on any such item Excluded or controlled data (i.e. the export classification under the EAR, ITAR, EU Denied Party List of Dual Use Items and Technology, Wassenaar Arrangement’s List an agency of Dual-Use Goods and Technologies or other applicable export control list) and shall notify the LOCKHEED XXXXXX Procurement Representative in writing of any changes to the export classification information of the item or controlled data. SELLER represents that an official authorized to bind the SELLER has determined that the SELLER or the designer, manufacturer, supplier or other source of the Work has properly determined their export classification. (c) SELLER hereby represents that neither SELLER nor any parent, subsidiary or affiliate of SELLER is included on any of the restricted party lists maintained by the U.S. Government, including the Specially Designated Nationals List administered by the U.S. Treasury Department’s Office of Foreign Assets Control (“OFAC”), Denied Parties List, Unverified List or Entity List maintained by the U.S. Commerce Department’s Bureau of Industry and Security (“BIS”), or the List of Statutorily Debarred Parties maintained by the U.S. State Department’s Directorate of Defense Trade Controls, or the consolidated list of asset freeze targets designated by the United Nations, European Union, and United Kingdom (collectively, “Restricted Party Lists”). SELLER shall immediately notify the LOCKHEED XXXXXX Procurement Representative if SELLER, or any parent, subsidiary or affiliate of SELLER becomes listed on any Restricted Party List or if SELLER's Seller’s export privileges are otherwise denied, suspended or revoked in whole or in part by any U.S. or non-U.S. government entity or agencyrevoked. (d) If SELLER is engaged in the business of exporting manufacturing (whether exporting or not) or brokering defense articles or furnishing defense services, SELLER represents that it is and will continue to be registered with the Directorate of Defense Trade Controls, as required by the ITAR, and it maintains an effective export/import compliance program in accordance with the ITAR. (e) Where SELLER is a party to or signatory under a LOCKHEED XXXXXX Export Authorization, SELLER shall provide prompt notification to the LOCKHEED XXXXXX Procurement Representative in the event of (1) changed circumstances including, but not limited to, ineligibility, a violation or potential violation of the ITAR or other applicable governmental restrictions, and the initiation or existence of a U.S. Government investigation, that could affect SELLER's performance under this Contract, or (2) any change by SELLER that might require LOCKHEED XXXXXX to submit an amendment to an existing Export Authorization or request a new or replacement Export Authorization. SELLER shall provide to LOCKHEED XXXXXX all information and documentation as may reasonably be required for LOCKHEED XXXXXX to prepare and submit any required export license applications. Delays on SELLER's part to submit the relevant information for export licenses shall not constitute an excusable delay under this Contract. (f) SELLER shall include paragraphs (a) through (d) and this paragraph (f) of this clause or equivalent provisions in lower tier subcontracts for the delivery of items that will be included in or delivered as Work to LOCKHEED XXXXXX. SELLER shall immediately notify LOCKHEED XXXXXX upon learning that any lower tier subcontractor with which it engages has become listed on the Restricted Parties List. (g) SELLER Seller shall be responsible for all losses, costs, claims, causes of actionactions, damages, liabilities and expense, including attorneys' attorney’s fees, all expense expenses of litigation and/or settlement, and court costs, arising from any act or omission of SELLERSeller, its officers, employees, agentsargents, suppliers, or subcontractors at any tier, in the performance of any of its obligations under this clause. (e) Buyer may be required to obtain information concerning citizenship or export status of Seller’s personnel. Seller agrees to provide such information as necessary and certify the information to be true and correct.

Export Control. (ai) SELLER Customer hereby acknowledges that the products, services, and technical data, and the technology or direct products thereof supplied by Adtran under these Terms of Sale (“Products and Technology”) are subject to export controls under the laws and regulations of the United States of America (“U.S.”), including the Export Administration Regulations (“EAR”). Customer shall comply with all applicable U.S. export control such laws and economic sanctions laws regulations governing use, export, re-export, and regulationstransfer of Adtran Products and Technology and, specifically including but not limited to without limiting the International Traffic in Arms Regulations generality of this Section 11.A (ITARExport Control), 22 C.F.R. 120 et seq.; the Export Administration Regulationsagree to obtain all licenses, 15 C.F.R. 730-774; and the Foreign Assets Control Regulations, 31 C.F.R. 500-598 (collectively, "Trade Control Laws"). Without limiting the foregoing, SELLER shall not transfer any export controlled item, technical data, technology, permits or service, including transfers to foreign persons employed by or associated with, or under contract to SELLER or SELLER's lower tier suppliers, unless authorized in advance by an export license (such as Technical Assistance Agreement (TAA) or Manufacturing License Agreement (MLA), license exception or license exemption, collectively, "Export Authorization"), as required. (b) SELLER shall notify LOCKHEED XXXXXX if any deliverable under this Contract is restricted by applicable Trade Control Laws. Before providing LOCKHEED XXXXXX any item or data controlled under any of the Trade Control Laws, SELLER shall provide in writing to the LOCKHEED XXXXXX Procurement Representative the export classification of any such item or controlled data (i.e. the export classification under the EAR, ITAR, EU List of Dual Use Items and Technology, Wassenaar Arrangement’s List of Dual-Use Goods and Technologies or other applicable export control list) and shall notify the LOCKHEED XXXXXX Procurement Representative in writing of any changes to the export classification information of the item or controlled data. SELLER represents that an official authorized to bind the SELLER has determined that the SELLER or the designer, manufacturer, supplier or other source of the Work has properly determined their export classification. (c) SELLER hereby represents that neither SELLER nor any parent, subsidiary or affiliate of SELLER is included on any of the restricted party lists maintained by the U.S. Government, including the Specially Designated Nationals List administered by the U.S. Treasury Department’s Office of Foreign Assets Control (“OFAC”), Denied Parties List, Unverified List or Entity List maintained by the U.S. Commerce Department’s Bureau of Industry and Security (“BIS”), or the List of Statutorily Debarred Parties maintained by the U.S. State Department’s Directorate of Defense Trade Controls, or the consolidated list of asset freeze targets designated by the United Nations, European Union, and United Kingdom (collectively, “Restricted Party Lists”). SELLER shall immediately notify the LOCKHEED XXXXXX Procurement Representative if SELLER, or any parent, subsidiary or affiliate of SELLER becomes listed on any Restricted Party List or if SELLER's export privileges are otherwise denied, suspended or revoked in whole or in part approvals required by any U.S. or non-U.S. government entity or agency. (d) If SELLER is engaged in government. Adtran and Customer each agree to provide the business of exporting manufacturing (whether exporting or not) or brokering defense articles or furnishing defense services, SELLER represents that it is and will continue to be registered with the Directorate of Defense Trade Controls, as required by the ITAR, and it maintains an effective export/import compliance program in accordance with the ITAR. (e) Where SELLER is a party to or signatory under a LOCKHEED XXXXXX Export Authorization, SELLER shall provide prompt notification to the LOCKHEED XXXXXX Procurement Representative in the event of (1) changed circumstances including, but not limited to, ineligibility, a violation or potential violation of the ITAR or other applicable governmental restrictions, and the initiation or existence of a U.S. Government investigation, that could affect SELLER's performance under this Contract, or (2) any change by SELLER that might require LOCKHEED XXXXXX to submit an amendment to an existing Export Authorization or request a new or replacement Export Authorization. SELLER shall provide to LOCKHEED XXXXXX all such information and documentation assistance as may reasonably be required for LOCKHEED XXXXXX by the other in connection with securing such authorizations, licenses, approvals, and permits, and to prepare take timely action to obtain all required import and submit any required export license applications. Delays on SELLER's part to submit the relevant information for export licenses shall not constitute an excusable delay under this Contractdocuments. (fii) SELLER shall include paragraphs Customer will not use, distribute, transfer, or transmit any product, software, or technical information provided under these Terms of Sale (aeven if incorporated into other products) through except in compliance with U.S. Export Laws and U.S. Customs Regulations (d) and this paragraph (f) “Export Laws”). Customer will not, directly or indirectly, export or re-export items covered under these Terms of this clause Sale to any country which is in the current list of prohibited countries, or equivalent provisions to any prohibited “Specially Designated National” or “Blocked Persons” specified in lower tier subcontracts for the delivery of items that will applicable Export Laws. Information regarding such regulations may be included in or delivered as Work to LOCKHEED XXXXXX. SELLER shall immediately notify LOCKHEED XXXXXX upon learning that any lower tier subcontractor with which it engages has become listed on found at the Restricted Parties Listfollowing website: xxxx://xxx.xxx.xxx.xxx/index.php/regulat ions. (giii) SELLER Customer understands and agrees that Adtran has no control over, and shall not be responsible for all lossesfor, costs, claims, causes of action, damages, liabilities and expense, including attorneys' fees, all expense of litigation the time taken by the governmental agencies to process the licenses required to export and/or settlementre- export Products ordered or requested by Customer. Adtran agrees to promptly notify Customer, and court costsXxxxxxxx agrees to promptly notify Adtran, arising from in writing of any act written authorization issued by the Treasury Department, U.S. Department of Commerce Office of Export Licensing to export or omission re-export any such items referenced in these Terms of SELLERSale. The obligations stated in this Section 11.A (Export Control) will survive the expiration, its officers, employees, agents, supplierscancellation, or subcontractors at termination of these Terms of Sale or any tier, in the performance of any of its obligations under this clauseother related agreement.

Export Control. (a) SELLER shall comply with all applicable U.S. and non-U.S. sanctions and export control laws and economic sanctions laws laws, rules and regulations, specifically including but not limited to to, the International Traffic in Arms Regulations Regulation (“ITAR”), 22 C.F.R. 120 et seq.; , the Export Control Reform Act of 2018, the Export Administration RegulationsRegulations (“EAR”), 15 C.F.R. 730-774; and , the Foreign Assets Control Regulations, 31 C.F.R. 500-598 and EU controls on exports of dual-use items and technology implemented pursuant to Council Regulation (EC) No. 428/2009 (collectively, "“Trade Control Laws"”). Without limiting the foregoing, SELLER shall not transfer any export controlled item, technical item or data, technology, or service, including transfers to foreign persons dual/third country nationals employed by or associated with, or under contract to SELLER or SELLER's lower tier suppliers, unless authorized in advance by an export license agreement (such as e.g. Technical Assistance Agreement (TAA) or Manufacturing License Licensing Agreement (MLA)), license exception or license exemption, exemption (collectively, "“Export Authorization"”), as required. (b) SELLER shall notify LOCKHEED XXXXXX if any deliverable under this Contract is restricted by applicable Trade Control Laws. Before providing LOCKHEED XXXXXX any item or data controlled under any of the Trade Control Laws, SELLER shall provide in writing to the LOCKHEED XXXXXX Procurement Representative the export classification of any such item or controlled data (i.e. the export classification under the EAR, ITAR, EU List of Dual Use Items and Technology, Wassenaar Arrangement’s List of Dual-Use Goods and Technologies or other applicable export control list) and ), and, shall notify the LOCKHEED XXXXXX Procurement Representative in writing of any changes to the export classification information of the item or controlled data. SELLER represents that an official authorized to bind the SELLER has determined that the SELLER or the designer, manufacturer, supplier or other source of the Work has properly determined their export classification. (c) SELLER hereby represents that neither SELLER nor any parent, subsidiary subsidiary, affiliate or affiliate sublicensee or sub-tier supplier of SELLER is included on any of the restricted party lists maintained by the U.S. Government, including the Specially Designated Nationals List administered by the U.S. Treasury Department’s Office of Foreign Assets Control (“"OFAC”"), Denied Parties List, Unverified List or Entity List maintained by the U.S. Commerce Department’s Bureau of Industry and Security (“"BIS”"), or the List of Statutorily Debarred Parties maintained by the U.S. State Department’s Directorate of Defense Trade Controls, listed, the ITAR §126.1 Restricted Parties List, or the consolidated list of asset freeze targets designated by the United Nations, European Union, and United Kingdom (collectively, “"Restricted Party Lists”"). SELLER shall immediately notify the LOCKHEED XXXXXX Procurement Representative if SELLER, SELLER or any parent, subsidiary or affiliate of SELLER becomes is, or becomes, listed on any Restricted Party List or if SELLER's export privileges are otherwise denied, suspended or revoked in whole or in part by any U.S. or non-U.S. government entity or agency, or by any entity or agency of SELLER's own country. SELLER will provide prompt notice to LOCKHEED XXXXXX, in adherence with applicable laws, the confidentiality restriction of the change of control agreement from the acquiring party of a change of control of SELLER, or any parent, subsidiary or affiliate of SELLER, or any sublicensee or sub-tier supplier of SELLER, which becomes listed or their ownership is listed on any Restricted Party List, within or by an ITAR § 126.1 listed country, or if SELLER's export privileges are otherwise denied, suspended or revoked in whole or in part by any U.S. or non-U.S. government entity or agency. To ensure compliance with the requirements of the applicable agency’s regulations, if the intended sale or transfer of ownership is to a non-U.S. person or entity, SELLER shall provide LOCKHEED XXXXXX with notice at least 90 days prior to the effectiveness of such change of control. (d) If LOCKHEED XXXXXX ITAR Controlled Technical Data can be provided only to SELLER’s same country national employees. Third country national employees and/or dual country national employees of SELLER is engaged in are not authorized to receive LOCKHEED XXXXXX ITAR Controlled Technical Data without separate authorization and approval by LOCKHEED XXXXXX and the business of exporting manufacturing (whether exporting or not) or brokering defense articles or furnishing defense services, SELLER represents that it is and will continue to be registered with the Directorate of Defense Trade Controls, as required by the ITAR, and it maintains an effective export/import compliance program in accordance with the ITARU.S. Government. (e) If ITAR Controlled technical data required to perform this Contract is exported pursuant to ITAR 124.13 to SELLER under a DSP-5, Offshore Procurement license, SELLER shall comply with the following: (1) ITAR Controlled technical data shall be used only to manufacture the Work required by this Contract; and (2) ITAR Controlled technical data shall not be disclosed to any other person except lower-tier subcontractors within the same country; and (3) Any rights in ITAR Controlled technical data may not be acquired by any foreign person; and (4) SELLER, including lower-tier subcontractors, shall return, or at LOCKHEED XXXXXX'x direction, destroy all of the ITAR Controlled technical data exported to SELLER pursuant to this Contract upon fulfillment of its terms; and (5) Unless otherwise directed by LOCKHEED XXXXXX, SELLER shall deliver the Work only to LOCKHEED XXXXXX in the United States or to an agency of the U.S. Government.; and (6) SELLER shall include the terms of this paragraph (e) in all lower-tier subcontracts issued when ITAR Controlled technical data is provided to the lower-tier subcontractor. (f) Where SELLER is a party to or signatory under a LOCKHEED XXXXXX Export Authorization, SELLER shall provide prompt notification to the LOCKHEED XXXXXX Procurement Representative in the event of (1) changed circumstances including, but not limited to, ineligibility, a violation or potential violation of the ITAR or other applicable governmental restrictions, and the initiation or existence of a U.S. Government government investigation, that could affect SELLER's performance under this Contract, Contract or (2) any change by SELLER that might require LOCKHEED XXXXXX to submit an amendment to an existing Export Authorization or request a new or replacement Export Authorization. SELLER shall provide to LOCKHEED XXXXXX all information and documentation as may reasonably be required for LOCKHEED XXXXXX to prepare and submit any required export license Export Authorization applications. Delays on SELLER's part to submit the relevant information for export licenses shall not constitute an excusable delay under this Contract. (fg) If sublicensing is authorized in writing by LOCKHEED XXXXXX and the U.S. Government under a current and applicable TAA (or other Export Authorization), SELLER shall comply with the following: (1) Obtain an ITAR Non-Disclosure Agreement (NDA) in the format approved by the U.S. State Department’s Directorate of Defense Trade Controls (“DDTC”) from each authorized lower-tier Supplier which SELLER will sublicense ITAR Controlled Technical Data to; and (2) Provide a copy of the fully executed ITAR NDA to the LOCKHEED XXXXXX Procurement Representative; and (3) Upon completion of (1) and (2) above, Lockheed Xxxxxx will acknowledge receipt of the NDA and provide authorization to SELLER to provide LOCKHEED XXXXXX ITAR Controlled Technical Data to its authorized lower-tier Suppliers; and (4) SELLER shall include paragraphs not provide LOCKHEED XXXXXX ITAR Controlled Technical Data to a lower-tier Supplier until after items (a) through (d1) and this paragraph (f2) of this clause or equivalent provisions in lower tier subcontracts for the delivery of items that will be included in or delivered as Work to LOCKHEED XXXXXX. SELLER shall immediately notify above have been completed; and (5) LOCKHEED XXXXXX upon learning that any lower ITAR Controlled Technical Data can be provided to SELLER's lower-tier subcontractor with which it engages has become listed on Supplier's employees within the Restricted Parties Listterritory of the authorized country(ies) only; and (6) Third country and dual country national employees of SELLER's authorized lower-tier Suppliers are not authorized to receive LOCKHEED XXXXXX ITAR Controlled Technical Data without separate authorization and approval by LOCKHEED XXXXXX and the U.S. Government. (gh) SELLER shall be responsible for all losses, costs, claims, causes of action, damages, liabilities and expense, including attorneys' attorney's fees, all expense of litigation and/or settlement, and court costs, arising from any act or omission of SELLER, its officers, employees, agents, suppliers, or subcontractors at any tier, in the performance of any of its obligations under this clause.

Export Control. (a) SELLER shall agrees to comply with all applicable in country and U.S. export control laws and economic sanctions laws and regulations, specifically including for the U.S., but not limited to to, the requirements of the Arms Export Control Act, 22 U.S.C. 2751‐2794, including the International Traffic in Arms Regulations Regulation (ITAR), 22 C.F.R. 120 et seq.; and the Export Administration Regulations, 15 C.F.R. 730-774730‐774; and including the Foreign Assets Control Regulations, 31 C.F.R. 500-598 (collectively, "Trade Control Laws"). Without limiting the foregoing, SELLER shall not transfer requirement for obtaining any export controlled itemlicense or agreement, technical data, technology, or service, including transfers to foreign persons employed by or associated with, or under contract to SELLER or SELLER's lower tier suppliers, unless authorized in advance by an export license (such as Technical Assistance Agreement (TAA) or Manufacturing License Agreement (MLA), license exception or license exemption, collectively, "Export Authorization"), as requiredif applicable. (b) SELLER shall agrees to notify LOCKHEED XXXXXX if any deliverable under this Contract is restricted by applicable Trade Control Laws. Before providing LOCKHEED XXXXXX any item or data controlled under any of the Trade Control Laws, SELLER shall provide in writing to the LOCKHEED XXXXXX Procurement Representative the export classification of any such item or controlled data (i.e. the export classification under the EAR, ITAR, EU List of Dual Use Items and Technology, Wassenaar Arrangement’s List of Dual-Use Goods and Technologies or other applicable export control list) and shall notify the LOCKHEED XXXXXX Procurement Representative in writing of any changes to the export classification information of the item laws or controlled data. SELLER represents that an official authorized to bind the SELLER has determined that the SELLER or the designer, manufacturer, supplier or other source of the Work has properly determined their export classificationregulations. (c) SELLER hereby represents that neither SELLER nor any parent, subsidiary or affiliate of SELLER is included on any of the restricted party lists maintained by the U.S. Government, including the Specially Designated Nationals List administered by the U.S. Treasury Department’s Office of Foreign Assets Control (“OFAC”), Denied Parties List, Unverified List or Entity List maintained by the U.S. Commerce Department’s Bureau of Industry and Security (“BIS”), or the List of Statutorily Debarred Parties maintained by the U.S. State Department’s Directorate of Defense Trade Controls, or the consolidated list of asset freeze targets designated by the United Nations, European Union, and United Kingdom (collectively, “Restricted Party Lists”). SELLER shall immediately notify the LOCKHEED XXXXXX Procurement Representative if SELLERSELLER is, or becomes, listed in any parent, subsidiary or affiliate of SELLER becomes listed on any Restricted Party Denied Parties List or if SELLER's export privileges are otherwise denied, suspended or revoked in whole or in part by any U.S. or non-U.S. government Government entity or agency, or by any entity or agency of SELLER's own country. (d) If LOCKHEED XXXXXX ITAR Controlled Technical Data can be provided to SELLER's same country national employees ONLY. Third Country national employees and/or dual country national employees of SELLER is engaged in are not authorized to receive LOCKHEED XXXXXX ITAR Controlled Technical Data without separate authorization and approval by LOCKHEED XXXXXX and the business of exporting manufacturing (whether exporting or not) or brokering defense articles or furnishing defense services, SELLER represents that it is and will continue to be registered with the Directorate of Defense Trade Controls, as required by the ITAR, and it maintains an effective export/import compliance program in accordance with the ITARU.S. Government. (e) If ITAR Controlled technical data required to perform this Contract is exported pursuant to ITAR 124.13 to SELLER under a DSP‐5, Offshore Procurement license, SELLER shall comply with the following: (1) ITAR Controlled technical data shall be used only to manufacture the Work required by this Contract; and (2) ITAR Controlled technical data shall not be disclosed to any other person except lower‐tier subcontractors within the same country; and (3) Any rights in ITAR Controlled technical data may not be acquired by any foreign person; and (4) SELLER, including lower‐tier subcontractors, shall return, or at LOCKHEED XXXXXX'x direction, destroy all of the ITAR Controlled technical data exported to SELLER pursuant to this Contract upon fulfillment of its terms; and (5) Unless otherwise directed by LOCKHEED XXXXXX, SELLER shall deliver the Work only to LOCKHEED XXXXXX in the United States or to an agency of the U.S. Government. (6) SELLER shall include the terms of this paragraph (e) in all lower‐tier subcontracts issued when ITAR Controlled technical data is provided to the lower‐tier subcontractor. (f) Where SELLER is a party to or signatory under a LOCKHEED XXXXXX Export Authorizationexport license or export agreement (e.g., TAA, MLA), SELLER shall provide prompt notification to the LOCKHEED XXXXXX Procurement Representative in the event of (1) changed circumstances including, but not limited to, ineligibility, a violation or potential violation of the ITAR or other applicable governmental restrictionsITAR, and the initiation or existence of a U.S. Government investigation, that could affect SELLER's performance under this Contract, or (2) any change by SELLER that might require LOCKHEED XXXXXX to submit an amendment to an existing Export Authorization or request a new or replacement Export Authorization. SELLER shall provide to LOCKHEED XXXXXX all information and documentation as may reasonably be required for LOCKHEED XXXXXX to prepare and submit any required export license applications. Delays on SELLER's part to submit the relevant information for export licenses shall not constitute an excusable delay under this Contract. (f) SELLER shall include paragraphs (a) through (d) and this paragraph (f) of this clause or equivalent provisions in lower tier subcontracts for the delivery of items that will be included in or delivered as Work to LOCKHEED XXXXXX. SELLER shall immediately notify LOCKHEED XXXXXX upon learning that any lower tier subcontractor with which it engages has become listed on the Restricted Parties List. (g) If sublicensing in authorized in writing by LOCKHEED XXXXXX and the U.S. Government under the export agreement, SELLER shall comply with the following: (1) Obtain an ITAR Non‐Disclosure Agreement (NDA) from each authorized lower‐tier subcontractor which SELLER will sublicense ITAR controlled technical data to; and (2) Provide a copy of the fully executed ITAR NDA to the LOCKHEED XXXXXX Procurement Representative; and then (3) Upon completion of (1) and (2) above, Lockheed Xxxxxx will acknowledge receipt of the NDA and provide authorization to SELLER to provide LOCKHEED XXXXXX ITAR Controlled Technical Data to its authorized lower‐tier subcontractors; (4) LOCKHEED XXXXXX ITAR Controlled Technical Data can be provided to SELLER's lower‐tier subcontractor's national employees within the authorized country(ies) only; (5) Third Country and dual country national employees of SELLER's authorized lower‐tier subcontractors are not authorized to receive LOCKHEED XXXXXX ITAR Controlled Technical Data without separate authorization and approval by LOCKHEED XXXXXX and the U.S. Government. (h) SELLER shall be responsible for all losses, costs, claims, causes of action, damages, liabilities and expense, including attorneys' fees, all expense of litigation and/or settlement, and court costs, arising from any act or omission of SELLER, its officers, employees, agents, suppliers, or subcontractors at any tier, in the performance of any of its obligations under this clause.

Export Control. (a) SELLER shall comply with all applicable U.S. export control laws and economic sanctions laws and regulations, specifically including but not limited to the International Traffic in Arms Regulations (ITAR), 22 C.F.R. 120 et seq.; the Export Control Reform Act of 2018; the Export Administration Regulations, 15 C.F.R. 730-774; and the Foreign Assets Control Regulations, 31 C.F.R. 500-598 (collectively, "Trade Control Laws"). Without limiting the foregoing, SELLER shall not transfer any export controlled item, technical data, technology, or service, including transfers to foreign persons employed by or associated with, or under contract to SELLER or SELLER's lower tier suppliers, unless authorized in advance by an export license (such as Technical Assistance Agreement (TAA) or Manufacturing License Agreement (MLA), license exception or license exemption, collectively, "Export Authorization"), as required. (b) SELLER shall notify LOCKHEED XXXXXX BUYER if any deliverable under this Contract Order is restricted by applicable Trade Control Laws. Before providing LOCKHEED XXXXXX BUYER any item or data controlled under any of the Trade Control Laws, SELLER shall provide in writing to the LOCKHEED XXXXXX Procurement BUYER Representative the export classification of any such item or controlled data (i.e. the export classification under the EAR, ITAR, EU List of Dual Use Items and Technology, Wassenaar Arrangement’s 's List of Dual-Use Goods and Technologies or other applicable export control list) and shall notify the LOCKHEED XXXXXX Procurement BUYER Representative in writing of any changes to the export classification information of the item or controlled data. SELLER represents that an official authorized to bind the SELLER has determined that the SELLER or the designer, manufacturer, supplier SELLER or other source of the Work Products has properly determined their export classification. SELLER shall also identify on the face of its shipping documentation the Country of Origin and for international shipments, the applicable Harmonized Tariff Schedule number. (c) SELLER shall not export, re-export, transfer, disclose or otherwise provide or make accessible BUYER’s technical data and/or hardware controlled by Trade Control Laws ("Export Controlled Information") to any persons, or entities not authorized to receive or have access to the data, services and/or hardware, including third country/dual national employees, lower-tier subcontractors and sub-licensees, or modify or divert such Export Controlled Information to any military application unless SELLER receives advance, written authorization from BUYER and verification of any required export authorization is in place. SELLER shall not provide a defense service as defined by the Trade Control Laws using any or all of BUYER’s technical data and/or hardware. Upon BUYER’s request, SELLER shall demonstrate to BUYER's reasonable satisfaction, SELLER’s and SELLER’s lower-tier subcontractors’ compliance with this clause and all Trade Control Laws. To the extent SELLER’s Products provided under this Order include packing, labeling, processing, and/or handling exports for BUYER, SELLER shall maintain an auditable process that assures accurate packing, labeling, processing, and handling of such exports. SELLER shall also promptly notify BUYER if it becomes aware of any failure by SELLER or SELLER’s lower-tier subcontractors to comply with this clause and shall cooperate with BUYER in any investigation of such failure to comply. (d) SELLER hereby represents that neither SELLER nor any parent, subsidiary or affiliate of SELLER is included on any of the restricted party lists maintained by the U.S. Government, including the Specially Designated Nationals List administered by the U.S. Treasury Department’s Office of Foreign Assets Control (“"OFAC”"), Denied Parties List, Unverified List or Entity List maintained by the U.S. Commerce Department’s Bureau of Industry and Security (“"BIS”"), or the List of Statutorily Debarred Parties maintained by the U.S. State Department’s Directorate of Defense Trade Controls, or the consolidated list of asset freeze targets designated by the United Nations, European Union, and United Kingdom (collectively, “"Restricted Party Lists”"). SELLER shall immediately notify the LOCKHEED XXXXXX Procurement BUYER Representative if SELLER, or any parent, subsidiary or affiliate of SELLER becomes listed on any Restricted Party List or if SELLER's export privileges are otherwise denied, suspended or revoked in whole or in part by any U.S. or non-U.S. government entity or agency. (de) If SELLER is engaged in the business of exporting manufacturing (whether exporting or not) or brokering defense articles or furnishing defense services, SELLER represents that it is and will continue to be registered with the Directorate of Defense Trade Controls, as required by the ITAR, and it maintains an effective export/import compliance program in accordance with the ITAR. (ef) Where SELLER is a party to or signatory under a LOCKHEED XXXXXX BUYER Technical Assistance Agreement (TAA) or Manufacturing License Agreement (MLA), license exception or license exemption, collectively, "Export Authorization, ," SELLER shall provide prompt notification to the LOCKHEED XXXXXX Procurement BUYER’s Purchasing Representative in the event of (1) changed circumstances including, but not limited to, ineligibility, a violation or potential violation of the ITAR or other applicable governmental restrictions, and the initiation or existence of a U.S. Government investigation, that could affect SELLER's performance under this ContractOrder, or (2) any change by SELLER that might require LOCKHEED XXXXXX BUYER to submit an amendment to an existing Export Authorization or request a new or replacement Export Authorization. SELLER shall provide to LOCKHEED XXXXXX BUYER all information and documentation as may reasonably be required for LOCKHEED XXXXXX BUYER to prepare and submit any required export license applications. Delays on SELLER's part to submit the relevant information for export licenses shall not constitute an excusable delay under this ContractOrder. (fg) SELLER shall include paragraphs (a) through (dg) and this paragraph (fh) of this clause or equivalent provisions in lower lower-tier subcontracts Subcontractors for the delivery of items that will be included in or delivered as Work Products or Services to LOCKHEED XXXXXXBUYER. SELLER shall immediately notify LOCKHEED XXXXXX BUYER upon learning that any lower lower-tier subcontractor with which it engages has become listed on the Restricted Parties List. (gh) SELLER shall be responsible for all losses, costs, claims, causes of action, damages, liabilities and expense, including attorneys' fees, all expense of litigation and/or settlement, and court costs, arising from any act or omission of SELLER, its officers, employees, agents, suppliers, or subcontractors at any tier, in the performance of any of its obligations under this clause.

Export Control. (a) SELLER 20.1 The Supplier shall comply with all the applicable U.S. export and import control laws and economic as well as sanctions laws and regulations, specifically including but not limited to the International Traffic in Arms Regulations (ITAR), 22 C.F.R. 120 et seq.; the Export Administration Regulations, 15 C.F.R. 730-774; and the Foreign Assets Control Regulations, 31 C.F.R. 500-598 (collectively, "Trade Control Laws"). Without limiting the foregoing, SELLER shall not transfer any export controlled item, technical data, technology, or service, including transfers to foreign persons employed by or associated with, or under contract to SELLER or SELLER's lower tier suppliers, unless authorized in advance by an export license (such as Technical Assistance Agreement (TAA) or Manufacturing License Agreement (MLA), license exception or license exemption, collectively, "Export Authorization"), as required. (b) SELLER shall notify LOCKHEED XXXXXX if any deliverable under this Contract is restricted by applicable Trade Control Laws. Before providing LOCKHEED XXXXXX any item or data controlled under any regulations of the Trade Control LawsFederal Republic of Germany, SELLER shall provide in writing to the LOCKHEED XXXXXX Procurement Representative the export classification of any such item or controlled data (i.e. the export classification under the EAR, ITAR, EU List of Dual Use Items and Technology, Wassenaar Arrangement’s List of Dual-Use Goods and Technologies or other applicable export control list) and shall notify the LOCKHEED XXXXXX Procurement Representative in writing of any changes to the export classification information of the item or controlled data. SELLER represents that an official authorized to bind the SELLER has determined that the SELLER or the designer, manufacturer, supplier or other source of the Work has properly determined their export classification. (c) SELLER hereby represents that neither SELLER nor any parent, subsidiary or affiliate of SELLER is included on any of the restricted party lists maintained by the U.S. Government, including the Specially Designated Nationals List administered by the U.S. Treasury Department’s Office of Foreign Assets Control (“OFAC”), Denied Parties List, Unverified List or Entity List maintained by the U.S. Commerce Department’s Bureau of Industry and Security (“BIS”), or the List of Statutorily Debarred Parties maintained by the U.S. State Department’s Directorate of Defense Trade Controls, or the consolidated list of asset freeze targets designated by the United Nations, European Union, and the United Kingdom States of America, as well as all other relevant regulations. Xxxxxxxx’s performance of the contract is subject to there being no obsta- cles to its performance due to national and international export and import provisions or other legal provisions. 20.2 In particular, the Supplier complies with the Council Regulation (collectivelyEU) no 833/2014 of 31 July 2014 concerning restrictive measures in view of Russia's actions destabilising the situation in Ukraine, “Restricted Party Lists”as amended, Council Regulation (EC) no 765/2006 of 18 May 2006 concerning restrictive measures against presi- dent Xxxxxxxxxx and certain officials of Belarus, as amended, and the council regulation (EU) no 269/2014 of 17 March 2014 concerning restrictive measures in respect of actions undermin- ing or threatening the territorial integrity, sovereignty and inde- pendence of Ukraine, as amended. 20.3 In view of the foregoing, the Supplier hereby represents and warrants that the products and/or parts thereof to be transported under this contract shall not and will not be transported through the territory of Russia and/or other embargoed countries, unless the Supplier has obtained from the competent authorities of the relevant country the export licenses for the transit of the prod- ucts through the territory of Russia. 20.4 Before the delivery date of the products and/or parts thereof (in case of partial delivery) the Supplier shall provide Zeppelin with transport documents confirming the transportation route of the products and the absence of Russia and other embargoed (for transit of the products) countries in this route. Such documents may include the description of transportation route certified by the Supplier, the application for transport and its confirmation by the Supplier indicating the route (confirmed transport order). SELLER shall immediately notify , and other transport documents. 20.5 Should the LOCKHEED XXXXXX Procurement Representative if SELLER, Supplier obtain a license from the relevant export control authority for transit of the products through Russia or any parentother embargoed (for transit of the products) country, subsidiary the Sup- plier shall provide Zeppelin with a copy of such license within the same period of time. In case a valid transit license is provided, the provision of transport documents is unnecessary. 20.6 The Supplier shall indemnify, defend and hold harmless Zeppe- lin and/or the manufacturer of the products, as the case may be, against any claims, fines, penalties, damages, losses, liabilities incurred by any of these as a result of the Supplier’s failure to comply with the clauses 20.1 -20.5. 20.7 Failure to comply with any part of clauses 20.1 -20.5 shall con- stitute a material breach of this contract. 20.8 The Supplier shall be liable for violation of any of the above representations and/or warranties. The Supplier shall uncondi- tionally compensate Zeppelin for any and all losses, damages, fines and expenses, suffered by Zeppelin and/or any company of Zeppelin`s Group in connection with the inculpation to Zeppelin and/ or affiliate any company of SELLER becomes listed on the Zeppelin´s Group of a violation that is wholly or in part attributable to the Supplier´s violation of any Restricted Party List rep- resentation or if SELLER's export privileges warranty. 20.9 If before the actual handover of the products and/or their parts to the Supplier Zeppelin finds out that any of the above mentioned representations and/or warranties is not in accordance with the actual facts, and/or the Supplier has not provided an acceptable written confirmation that the said representations and warranties are otherwise deniedbeing complied with within 5 (five) business days upon re- ceipt of the Zeppelin’s request, suspended or revoked Xxxxxxxx shall have the right to unilaterally terminate this contract in whole or in part by any U.S. or non-U.S. government entity or agency. (d) If SELLER is engaged in written notice to the business of exporting manufacturing (whether exporting or not) or brokering defense articles or furnishing defense services, SELLER represents that it is and will continue Supplier. Such repudiation shall be deemed to be registered legitimate and shall not give rise to any liability of Zeppelin. In addition, Xxxxxxxx shall have the right to claim damages suffered in connection with the Directorate of Defense Trade Controls, as required by the ITAR, and it maintains an effective export/import compliance program in accordance with the ITAR. (e) Where SELLER is a party to or signatory under a LOCKHEED XXXXXX Export Authorization, SELLER shall provide prompt notification to the LOCKHEED XXXXXX Procurement Representative in the event of (1) changed circumstances including, but not limited to, ineligibility, a violation or potential violation of the ITAR or other applicable governmental restrictions, and the initiation or existence of a U.S. Government investigation, that could affect SELLER's performance under this Contract, or (2) any change by SELLER that might require LOCKHEED XXXXXX to submit an amendment to an existing Export Authorization or request a new or replacement Export Authorization. SELLER shall provide to LOCKHEED XXXXXX all information and documentation as may reasonably be required for LOCKHEED XXXXXX to prepare and submit any required export license applications. Delays on SELLER's part to submit the relevant information for export licenses shall not constitute an excusable delay under this Contract. (f) SELLER shall include paragraphs (a) through (d) and this paragraph (f) termination of this clause or equivalent provisions in lower tier subcontracts for the delivery of items that will be included in or delivered as Work to LOCKHEED XXXXXX. SELLER shall immediately notify LOCKHEED XXXXXX upon learning that any lower tier subcontractor with which it engages has become listed on the Restricted Parties Listcontract. (g) SELLER shall be responsible for all losses, costs, claims, causes of action, damages, liabilities and expense, including attorneys' fees, all expense of litigation and/or settlement, and court costs, arising from any act or omission of SELLER, its officers, employees, agents, suppliers, or subcontractors at any tier, in the performance of any of its obligations under this clause.

Export Control. 15.1 You shall before, and at all times in connection with, the use of the PLCnext Store, the Services and related services, review and guarantee by appropriate measures that: (ai) SELLER shall you comply with any appli- cable national, supranational and international export and (re-)export control law, including any pro- visions on technical assistance and technology transfers, in particular of the European Union and of the United States of America; (ii) you will not violate against an embargo/a sanctions program im- posed by the European Union, the United Nations or the United States of America; (iii) you will not use the PLCnext Store or Services or related services in connection with armaments, nuclear tech- nology or weapons, if and to the extent such use is subject to prohibition or authorization, unless required authorization is provided; and (iv) during the term of the Agreement, you are: (i) not subject to national, supranational or international sanctions, in particular of the European Union and the United States of America, and (ii) neither directly or indirectly owned (50% or more in the aggregate) nor controlled in any way, whether directly or indirectly, by a legal or natural person subject to afore- mentioned sanctions, nor are you acting on behalf or on account of such person. 15.2 If you transfer items (hardware and/or software and/or technology as well as corresponding docu- mentation, regardless of the mode of provision) by using the Services and other services adminis- tered by us, you will comply with all applicable U.S. export national and international (re-)export control laws and economic sanctions laws and regulations, specifically including but not limited to the International Traffic in Arms Regulations (ITAR), 22 C.F.R. 120 et seq.; the Export Administration Regulations, 15 C.F.R. 730-774; and the Foreign Assets Control Regulations, 31 C.F.R. 500-598 (collectively, "Trade Control Laws"). Without limiting the foregoing, SELLER shall not transfer any export controlled item, technical data, technology, or service, including transfers to foreign persons employed by or associated with, or under contract to SELLER or SELLER's lower tier suppliers, unless authorized in advance by an export license (such as Technical Assistance Agreement (TAA) or Manufacturing License Agreement (MLA), license exception or license exemption, collectively, "Export Authorization"), as required. (b) SELLER shall notify LOCKHEED XXXXXX if any deliverable under this Contract is restricted by applicable Trade Control Laws. Before providing LOCKHEED XXXXXX any item or data controlled under any of the Trade Control Laws, SELLER shall provide in writing to the LOCKHEED XXXXXX Procurement Representative the export classification of any such item or controlled data (i.e. the export classification under the EAR, ITAR, EU List of Dual Use Items and Technology, Wassenaar Arrangement’s List of Dual-Use Goods and Technologies or other applicable export control list) and shall notify the LOCKHEED XXXXXX Procurement Representative in writing of any changes to the export classification information of the item or controlled data. SELLER represents that an official authorized to bind the SELLER has determined that the SELLER or the designer, manufacturer, supplier or other source of the Work has properly determined their export classification. (c) SELLER hereby represents that neither SELLER nor any parent, subsidiary or affiliate of SELLER is included on any of the restricted party lists maintained by the U.S. Government, including the Specially Designated Nationals List administered by the U.S. Treasury Department’s Office of Foreign Assets Control (“OFAC”), Denied Parties List, Unverified List or Entity List maintained by the U.S. Commerce Department’s Bureau of Industry and Security (“BIS”), or the List of Statutorily Debarred Parties maintained by the U.S. State Department’s Directorate of Defense Trade Controls, or the consolidated list of asset freeze targets designated by the United Nations, European Union, and United Kingdom (collectively, “Restricted Party Lists”). SELLER shall immediately notify the LOCKHEED XXXXXX Procurement Representative if SELLER, or any parent, subsidiary or affiliate of SELLER becomes listed on any Restricted Party List or if SELLER's export privileges are otherwise denied, suspended or revoked in whole or in part by any U.S. or non-U.S. government entity or agency. (d) If SELLER is engaged in the business of exporting manufacturing (whether exporting or not) or brokering defense articles or furnishing defense services, SELLER represents that it is and will continue to be registered with the Directorate of Defense Trade Controls, as required by the ITAR, and it maintains an effective export/import compliance program in accordance with the ITAR. (e) Where SELLER is a party to or signatory under a LOCKHEED XXXXXX Export Authorization, SELLER shall provide prompt notification to the LOCKHEED XXXXXX Procurement Representative in the event of (1) changed circumstances regula- tions including, but not limited to, ineligibility, a violation or potential violation the regulations of the ITAR European Union and of the United States of America. You will notify us in writing prior to any transfer of goods which are subject to restrictions and export control classifications arising from aforementioned regulations by indicating the appropri- ate export control list number, e.g. an ECCN (Export Control Classification Number). 15.3 Upon request by us, you shall promptly provide us with all necessary information to perform investi- gations relating to (re-)export control regulations. 15.4 We shall not be obligated to fulfil the PLCnext Store Agreement if such fulfilment is prevented by any impediments arising out of national or international foreign trade requirements, including any embar- goes or other applicable governmental restrictions, and the initiation or existence of a U.S. Government investigation, that could affect SELLER's performance under this Contract, or (2) any change by SELLER that might require LOCKHEED XXXXXX to submit an amendment to an existing Export Authorization or request a new or replacement Export Authorization. SELLER shall provide to LOCKHEED XXXXXX all information and documentation as may reasonably be required for LOCKHEED XXXXXX to prepare and submit any required export license applications. Delays on SELLER's part to submit the relevant information for export licenses shall not constitute an excusable delay under this Contractsanctions. (f) SELLER shall include paragraphs (a) through (d) and this paragraph (f) of this clause or equivalent provisions in lower tier subcontracts for the delivery of items that will be included in or delivered as Work to LOCKHEED XXXXXX. SELLER shall immediately notify LOCKHEED XXXXXX upon learning that any lower tier subcontractor with which it engages has become listed on the Restricted Parties List. (g) SELLER shall be responsible for all losses, costs, claims, causes of action, damages, liabilities and expense, including attorneys' fees, all expense of litigation and/or settlement, and court costs, arising from any act or omission of SELLER, its officers, employees, agents, suppliers, or subcontractors at any tier, in the performance of any of its obligations under this clause.

Export Control. (a) SELLER a. Seller shall comply with all applicable U.S. export control laws and economic sanctions import controls laws and regulations, specifically including but not limited to (i) the International Traffic in Arms Regulations (“ITAR), ”) (22 C.F.R. CFR 120 et seq.); (ii) the Export Administration Regulations, Regulations (“EAR”) (15 C.F.R. CFR Part 730-774); and (iii) the Foreign Assets Control Regulations, 31 C.F.R. 500-598 (collectively, "Trade Control Laws"). Without limiting the foregoing, SELLER shall not transfer any export controlled item, technical data, technology, or service, including transfers to foreign persons employed by or associated with, or under contract to SELLER or SELLER's lower tier suppliers, unless authorized in advance by an export license (such as Technical Assistance Agreement (TAA) or Manufacturing License Agreement (MLA), license exception or license exemption, collectively, "Export Authorization"), as required. (b) SELLER shall notify LOCKHEED XXXXXX if any deliverable under this Contract is restricted by applicable Trade Control Laws. Before providing LOCKHEED XXXXXX any item or data controlled under any of the Trade Control Laws, SELLER shall provide in writing to the LOCKHEED XXXXXX Procurement Representative the export classification of any such item or controlled data (i.e. the export classification under the EAR, ITAR, EU List of Dual Use Items and Technology, Wassenaar Arrangement’s List of Dual-Use Goods and Technologies or other applicable export control list) and shall notify the LOCKHEED XXXXXX Procurement Representative in writing of any changes to the export classification information of the item or controlled data. SELLER represents that an official authorized to bind the SELLER has determined that the SELLER or the designer, manufacturer, supplier or other source of the Work has properly determined their export classification. (c) SELLER hereby represents that neither SELLER nor any parent, subsidiary or affiliate of SELLER is included on any of the restricted party lists maintained by the U.S. Government, including the Specially Designated Nationals List regulations administered by the U.S. Treasury Department’s Office of Foreign Assets Control (“OFAC”) (31 CFR Part 500-598), Denied Parties List, Unverified List or Entity List maintained ; (iv) the regulations administered by the U.S. Commerce Department’s Department of Justice, Bureau of Industry Alcohol, Tobacco, Firearms, and Security Explosives (“BISATF”) found in 27 CFR Chapter II; (v) all other applicable b. Seller shall control the disclosure, export, re-export, transfer and retransfer of, and access to, any hardware, software, controlled technical data, technology, and/or services (collectively referred to as “items”) received under this Purchase Order to ensure that any such disclosure, export, re- export, transfer or retransfer is undertaken in accordance with U.S. export control laws and regulations. Seller agrees that no controlled items provided by Buyer in connection with this Purchase Order shall be provided to any person or entity unless the transfer is expressly permitted by a c. Seller shall notify Buyer if any deliverable under this Purchase Order, for which the Seller is the design authority, is subject to U.S. export and import controls laws and regulations described in Paragraph 23(a), . Before providing Buyer any deliverable subject to the EAR or the ITAR, Seller shall provide in writing to the Buyer’s Procurement Representative the export classification of any such item or controlled data, including the export classification of any: (i) dual use goods and technology subject to the EAR, including any embedded ITAR-controlled or EAR 500 or 600 series’ item or technology; (ii) defense article, including any technical data, controlled by the ITAR; and (iii) item or technology controlled by the EU List of Statutorily Debarred Parties maintained Dual Use Items or by other applicable national export control lists. d. If Seller is or has been engaged in the U.S. State Department’s in the business of either exporting, manufacturing or brokering ITAR Items, Seller represents that it is registered and maintains its registration with the Directorate of Defense Trade Controls, or the consolidated list of asset freeze targets designated by the United Nations, European Union, and United Kingdom Controls (collectively, “Restricted Party ListsDDTC”). SELLER , as may be required by 22 C.F.R. 122.1 of the ITAR and that it maintains an effective export/import compliance program in accordance with DDTC guidelines. e. Seller shall immediately notify the LOCKHEED XXXXXX Procurement Representative Buyer if SELLERSeller is, or any parentbecomes, subsidiary listed in the Restricted or affiliate of SELLER becomes listed on any Restricted Party Denied Parties List or if SELLER's Seller’s export privileges are otherwise denied, suspended or revoked in whole or in part by any U.S. or non-U.S. government Government entity or agency. (d) If SELLER is engaged in the business of exporting manufacturing (whether exporting or not) or brokering defense articles or furnishing defense services, SELLER represents that it is and will continue to be registered with the Directorate of Defense Trade Controls, as required by the ITAR, and it maintains an effective export/import compliance program in accordance with the ITAR. (e) . Where SELLER Seller is a party to or signatory under a LOCKHEED XXXXXX Export Authorization, SELLER shall provide prompt notification to the LOCKHEED XXXXXX Procurement Representative in the event of (1) changed circumstances including, but not limited to, ineligibility, a violation or potential violation of the ITAR or other applicable governmental restrictions, and the initiation or existence of a U.S. Government investigation, that could affect SELLER's performance under this Contract, or (2) any change by SELLER that might require LOCKHEED XXXXXX to submit an amendment to an existing Export Authorization or request a new or replacement Export Authorization. SELLER shall provide to LOCKHEED XXXXXX all information and documentation as may reasonably be required for LOCKHEED XXXXXX to prepare and submit any required export license applications. Delays on SELLER's part to submit the relevant information for export licenses shall not constitute an excusable delay under this Contract. (f) SELLER shall include paragraphs (a) through (d) and this paragraph (f) of this clause or equivalent provisions in lower tier subcontracts for the delivery of items that will be included in or delivered as Work to LOCKHEED XXXXXX. SELLER shall immediately notify LOCKHEED XXXXXX upon learning that any lower tier subcontractor with which it engages has become listed on the Restricted Parties List. (g) SELLER shall be responsible for all losses, costs, claims, causes of action, damages, liabilities and expense, including attorneys' fees, all expense of litigation and/or settlement, and court costs, arising from any act or omission of SELLER, its officers, employees, agents, suppliers, or subcontractors at any tier, in the performance of any of its obligations under this clause.