Common use of Export Law Compliance Clause in Contracts

Export Law Compliance. Seller shall fully and unconditionally comply with all applicable export laws in the performance of this Agreement. The Seller shall notify NETAPP if the delivery of any supplied Goods or Services to NETAPP is subject to US International Traffic in Arms Regulations (“ITAR”), US Export Administration Regulations (“EAR”), EU Export Controls Regulations (including Regulation EC (No) 1334/2000) and/or any other national and/or international Export Controls regulations (hereafter “Export Control Regulations”). Neither Seller nor NETAPP shall export or import directly or indirectly, any information acquired under this Agreement or any Goods utilizing any such information to any country or entity for which any export or import authority, or any agency thereof, at the time of export or import either prohibits or requires a license or other government authorization without first obtaining such license or approval. The Seller is responsible for obtaining all necessary licenses, agreements or approvals needed for the delivery of Goods and Services pursuant to the NETAPP purchase order to NETAPP from the appropriate authorities. If the Seller fails to obtain or to retain such license, agreement or approval, the delivery of the Goods or Services shall be cancelled and NETAPP is entitled to terminate the Agreement without incurring any liability versus Seller and the Seller must compensate NETAPP for all direct and indirect damages consequential to the Seller’s failure to deliver the Goods or Services. Seller must inform NETAPP promptly if the necessary license, agreements or approvals are not issued, delayed or withdrawn as well as of any circumstances which may give cause for such non- issuance, delay or withdrawal. Seller shall notify NETAPP if the supply to and/or use by NETAPP of any Goods or Services is covered by an appropriate U.S. or other governmental license, agreement or approval, and provide date, reference and full details of the issuing governmental authority of such license, agreement or approval. Seller shall indemnify NETAPP for any claims, costs, penalties and/or damages (including reasonable attorney’s fees) incurred by NETAPP consequential to Seller’s failure to comply with applicable Import or Export Controls Regulations and/or required license, agreement or approval. Without prejudice to Seller’s responsibility to obtain and retain licenses, agreements or approvals as set out above, NETAPP will, upon request, at the Seller’s expense endeavour to assist the Seller in obtaining licenses, agreements or approvals from the governmental authorities, but NETAPP will not be liable in the event of non-issuance, withdrawal or non-renewal of any licenses, agreements or approvals. If applicable, the Seller shall adequately mark all Goods and Services supplied to NETAPP pursuant to the purchase order and Agreement (if applicable) as “ITAR-controlled”, “EAR- Controlled” or “EU- controlled” by specifying (if applicable) the Technical Assistance Agreement reference number and Export Controls Classification Number and include these with the relevant Harmonized System number in the shipping documentation. The Seller is responsible for complying with any legislation governing the import of Goods and Services including but not limited to payment of customs duties, unless parties have agreed otherwise in writing. The Seller must provide assistance to NETAPP for the use of supplied Goods and Services by NETAPP which may include export, re-export, or transfer of Goods or Services by NETAPP. This assistance shall include: providing all information necessary to obtain any relevant export or import license, authorization or approvals; providing all information related to export or import license, authorizations or approvals including copies of license, approvals, classification numbers, copies of draft license applications, statements related to the country of origin of the Goods; and providing any other reasonable assistance that NETAPP reasonably requires from the Seller.

Export Law Compliance. Seller shall fully and unconditionally comply with all applicable export laws in the performance of this Agreement. The Seller shall notify NETAPP if the delivery of any supplied Goods or Services to NETAPP is subject to US International Traffic in Arms Regulations (“ITAR”), US Export Administration Regulations (“EAR”), EU Export Controls Regulations (including Regulation EC (No) 1334/2000) and/or any other national and/or international Export Controls regulations (hereafter “Export Control Regulations”). Neither Seller nor NETAPP shall export or import directly or indirectly, any information acquired under this Agreement or any Goods utilizing any such information to any country or entity for which any export or import authority, or any agency thereof, at the time of export or import either prohibits or requires a license or other government authorization without first obtaining such license or approval. The Seller is responsible for obtaining all necessary licenses, agreements or approvals needed for the delivery of Goods and Services pursuant to the NETAPP purchase order to NETAPP from the appropriate authorities. If the Seller fails to obtain or to retain such license, agreement or approval, the delivery of the Goods or Services shall be cancelled and NETAPP is entitled to terminate the Agreement without incurring any liability versus Seller and the Seller must compensate NETAPP for all direct and indirect damages consequential to the Seller’s failure to deliver the Goods or Services. Seller must inform NETAPP promptly if the necessary license, agreements or approvals are not issued, delayed or withdrawn as well as of any circumstances which may give cause for such non- issuance, delay or withdrawal. Seller shall notify NETAPP if the supply to and/or use by NETAPP of any Goods or Services is covered by an appropriate U.S. or other governmental license, agreement or approval, and provide date, reference and full details of the issuing governmental authority of such license, agreement or approval. Seller shall indemnify NETAPP for any claims, costs, penalties and/or damages (including reasonable attorney’s fees) incurred by NETAPP consequential to Seller’s failure to comply with applicable Import or Export Controls Regulations and/or required license, agreement or approval. Without prejudice to Seller’s responsibility to obtain and retain licenses, agreements or approvals as set out above, NETAPP will, upon request, at the Seller’s expense endeavour to assist the Seller in obtaining licenses, agreements or approvals from the governmental authorities, but NETAPP will not be liable in the event of non-issuance, withdrawal or non-renewal of any licenses, agreements or approvals. If applicable, the Seller shall adequately mark all Goods and Services supplied to NETAPP pursuant to the purchase order and Agreement (if applicable) as “ITAR-controlled”, “EAR- EAR-Controlled” or “EU- controlled” by specifying (if applicable) the Technical Assistance Agreement reference number and Export Controls Classification Number and include these with the relevant Harmonized System number in the shipping documentation. The Seller is responsible for complying with any legislation governing the import of Goods and Services including but not limited to payment of customs duties, unless parties have agreed otherwise in writing. The Seller must provide assistance to NETAPP for the use of supplied Goods and Services by NETAPP which may include export, re-re- export, or transfer of Goods or Services by NETAPP. This assistance shall include: providing all information necessary to obtain any relevant export or import license, authorization or approvals; providing all information related to export or import license, authorizations or approvals including copies of license, approvals, classification numbers, copies of draft license applications, statements related to the country of origin of the Goods; and providing any other reasonable assistance that NETAPP reasonably requires from the Seller.

Export Law Compliance. Seller shall fully and unconditionally comply with all applicable export laws in the performance of this Agreement. The Seller shall notify NETAPP if the delivery of any supplied Goods or Services to NETAPP is subject to US International Traffic in Arms Regulations (“ITAR”), US Export Administration Regulations (“EAR”), EU Export Controls Regulations (including Regulation EC (No) 1334/2000) and/or any other national and/or international Export Controls regulations (hereafter “Export Control Regulations”). Neither Seller nor NETAPP shall export or import directly or indirectly, any information acquired under this Agreement or any Goods utilizing any such information to any country or entity for which any export or import authority, or any agency thereof, at the time of export or import either prohibits or requires a license or other government authorization without first obtaining such license or approval. The Seller is responsible for obtaining all necessary licenses, agreements or approvals needed for the delivery of Goods and Services pursuant to the NETAPP purchase order to NETAPP from the appropriate authorities. If the Seller fails to obtain or to retain such license, agreement or approval, the delivery of the Goods or Services shall be cancelled and NETAPP is entitled to terminate the Agreement without incurring any liability versus Seller and the Seller must compensate NETAPP for all direct and indirect damages consequential to the Seller’s failure to deliver the Goods or Services. Seller must inform NETAPP promptly if the necessary license, agreements or approvals are not issued, delayed or withdrawn as well as of any circumstances which may give cause for such non- issuance, delay or withdrawal. Seller shall notify NETAPP if the supply to and/or use by NETAPP of any Goods or Services is covered by an appropriate U.S. or other governmental license, agreement or approval, and provide date, reference and full details of the issuing governmental authority of such license, agreement or approval. Seller shall indemnify NETAPP for any claims, costs, penalties and/or damages (including reasonable attorney’s fees) incurred by NETAPP consequential to Seller’s failure to comply with applicable Import or Export Controls Regulations and/or required license, agreement or approval. Without prejudice to Seller’s responsibility to obtain and retain licenses, agreements or approvals as set out above, NETAPP will, upon request, at the Seller’s expense endeavour to assist the Seller in obtaining licenses, agreements or approvals from the governmental authorities, but NETAPP will not be liable in the event of non-issuance, withdrawal or non-renewal of any licenses, agreements or approvals. If applicable, the Seller shall adequately mark all Goods and Services supplied to NETAPP pursuant to the purchase order and Agreement (if applicable) as “ITAR-controlled”, “EAR- Controlled” or “EU- controlled” by specifying (if applicable) the Technical Assistance Agreement reference number and Export Controls Classification Number and include these with the relevant Harmonized System number in the shipping documentation. The Seller is responsible for complying with any legislation governing the import of Goods and Services including but not limited to payment of customs duties, unless parties have agreed otherwise in writing. The Seller must provide assistance to NETAPP for the use of supplied Goods and Services by NETAPP which may include export, re-export, or transfer of Goods or Services by NETAPP. This assistance shall include: providing all information necessary to obtain any relevant export or import license, authorization or approvals; providing all information related to export or import license, authorizations or approvals including copies of license, approvals, classification numbers, copies of draft license applications, statements related to the country of origin of the Goods; and providing any other reasonable assistance that NETAPP reasonably requires from the Seller. Seller shall comply fully with all applicable federal, state and local laws in the performance of this Agreement including, but not limited to, all applicable employment, data protection, tax, import, export control and environmental laws.

Export Law Compliance. Seller shall fully and unconditionally comply with all applicable export laws in the performance of this Agreement. The Seller shall notify NETAPP if the delivery of any supplied Goods or Services to NETAPP is subject to US International Traffic in Arms Regulations (“ITAR”), US Export Administration Regulations (“EAR”), EU Export Controls Regulations (including Regulation EC (No) 1334/2000) and/or any other national and/or international Export Controls regulations (hereafter “Export Control Regulations”). Neither Seller nor NETAPP shall export or import directly or indirectly, any information acquired under this Agreement or any Goods utilizing any such information to any country or entity for which any export or import authority, or any agency thereof, at the time of export or import either prohibits or requires a license or other government authorization without first obtaining such license or approval. The Seller is responsible for obtaining all necessary licenses, agreements or approvals needed for the delivery of Goods and Services pursuant to the NETAPP purchase order to NETAPP from the appropriate authorities. If the Seller fails to obtain or to retain such license, agreement or approval, the delivery of the Goods or Services shall be cancelled and NETAPP is entitled to terminate the Agreement without incurring any liability versus Seller and the Seller must compensate NETAPP for all direct and indirect damages consequential to the Seller’s failure to deliver the Goods or Services. Seller must inform NETAPP promptly if the necessary license, agreements or approvals are not issued, delayed or withdrawn as well as of any circumstances which may give cause for such non- issuance, delay or withdrawal. Seller shall notify NETAPP if the supply to and/or use by NETAPP of any Goods or Services is covered by an appropriate U.S. or other governmental license, agreement or approval, and provide date, reference and full details of the issuing governmental authority of such license, agreement or approval. Seller shall indemnify NETAPP for any claims, costs, penalties and/or damages (including reasonable attorney’s fees) incurred by NETAPP consequential to Seller’s failure to comply with applicable Import or Export Controls Regulations and/or required license, agreement or approval. Without prejudice to Seller’s responsibility to obtain and retain licenses, agreements or approvals as set out above, NETAPP will, upon request, at the Seller’s expense endeavour to assist the Seller in obtaining licenses, agreements or approvals from the governmental authorities, but NETAPP will not be liable in the event of non-non- issuance, withdrawal or non-renewal of any licenses, agreements or approvals. If applicable, the Seller shall adequately mark all Goods and Services supplied to NETAPP pursuant to the purchase order and Agreement (if applicable) as “ITAR-ITAR- controlled”, “EAR- EAR-Controlled” or “EU- controlled” by specifying (if applicable) the Technical Assistance Agreement reference number and Export Controls Classification Number and include these with the relevant Harmonized System number in the shipping documentation. The Seller is responsible for complying with any legislation governing the import of Goods and Services including but not limited to payment of customs duties, unless parties have agreed otherwise in writing. The Seller must provide assistance to NETAPP for the use of supplied Goods and Services by NETAPP which may include export, re-export, or transfer of Goods or Services by NETAPP. This assistance shall include: providing all information necessary to obtain any relevant export or import license, authorization or approvals; providing all information related to export or import license, authorizations or approvals including copies of license, approvals, classification numbers, copies of draft license applications, statements related to the country of origin of the Goods; and providing any other reasonable assistance that NETAPP reasonably requires from the Seller.

Export Law Compliance. Seller shall fully and unconditionally comply with all applicable export laws in the performance of this Agreement. The Seller shall notify NETAPP if the delivery of any supplied Goods or Services to NETAPP is subject to US International Traffic in Arms Regulations (“ITAR”), US Export Administration Regulations (“EAR”), EU Export Controls Regulations (including Regulation EC (No) 1334/2000) and/or any other national and/or international Export Controls regulations (hereafter “Export Control Regulations”). Neither Seller nor NETAPP shall export or import directly or indirectly, any information acquired under this Agreement or any Goods utilizing any such information to any country or entity for which any export or import authority, or any agency thereof, at the time of export or import either prohibits or requires a license or other government authorization without first obtaining such license or approval. The Seller is responsible for obtaining all necessary licenses, agreements or approvals needed for the delivery of Goods and Services pursuant to the NETAPP purchase order to NETAPP from the appropriate authorities. If the Seller fails to obtain or to retain such license, agreement or approval, the delivery of the Goods or Services shall be cancelled and NETAPP is entitled to terminate the Agreement without incurring any liability versus Seller and the Seller must compensate NETAPP for all direct and indirect damages consequential to the Seller’s failure to deliver the Goods or Services. Seller must inform NETAPP promptly if the necessary license, agreements or approvals are not issued, delayed or withdrawn as well as of any circumstances which may give cause for such non- issuance, delay or withdrawal. Seller shall notify NETAPP if the supply to and/or use by NETAPP of any Goods or Services is covered by an appropriate U.S. or other governmental license, agreement or approval, and provide date, reference and full details of the issuing governmental authority of such license, agreement or approval. Seller shall indemnify NETAPP for any claims, costs, penalties and/or damages (including reasonable attorney’s fees) incurred by NETAPP consequential to Seller’s failure to comply with applicable Import or Export Controls Regulations and/or required license, agreement or approval. Without prejudice to Seller’s responsibility to obtain and retain licenses, agreements or approvals as set out above, NETAPP will, upon request, at the Seller’s expense endeavour to assist the Seller in obtaining licenses, agreements or approvals from the governmental authorities, but NETAPP will not be liable in the event of non-issuance, withdrawal or non-renewal of any licenses, agreements or approvals. If applicable, the Seller shall adequately mark all Goods and Services supplied to NETAPP pursuant to the purchase order and Agreement (if applicable) as “ITAR-controlled”, “EAR- Controlled” or “EU- controlled” by specifying (if applicable) the Technical Assistance Agreement reference number and Export Controls Classification Number and include these with the relevant Harmonized System number in the shipping documentation. The Seller is responsible for complying with any legislation governing the import of Goods and Services including but not limited to payment of customs duties, unless parties have agreed otherwise in writing. The Seller must provide assistance to NETAPP for the use of supplied Goods and Services by NETAPP which may include export, re-export, or transfer of Goods or Services by NETAPP. This assistance shall include: providing all information necessary to obtain any relevant export or import license, authorization or approvals; providing all information related to export or import license, authorizations or approvals including copies of license, approvals, classification numbers, copies of draft license applications, statements related to the country of origin of the Goods; and providing any other reasonable assistance that NETAPP reasonably requires from the Seller.agreements

Export Law Compliance. Seller shall fully and unconditionally comply with all applicable export laws in the performance of this Agreement. The Seller shall notify NETAPP if the delivery of any supplied Goods or Services to NETAPP is subject to US International Traffic in Arms Regulations (“ITAR”), US Export Administration Regulations (“EAR”), EU Export Controls Regulations (including Regulation EC (No) 1334/2000) and/or any other national and/or international Export Controls regulations (hereafter “Export Control Regulations”). Neither Seller nor NETAPP shall export or import directly or indirectly, any information acquired under this Agreement or any Goods utilizing any such information to any country or entity for which any export or import authority, or any agency thereof, at the time of export or import either prohibits or requires a license or other government authorization without first obtaining such license or approval. The Seller is responsible for obtaining all necessary licenses, agreements or approvals needed for the delivery of Goods and Services pursuant to the NETAPP purchase order to NETAPP from the appropriate authorities. If the Seller fails to obtain or to retain such license, agreement or approval, the delivery of the Goods or Services shall be cancelled and NETAPP is entitled to terminate the Agreement without incurring any liability versus Seller and the Seller must compensate NETAPP for all direct and indirect damages consequential to the Seller’s failure to deliver the Goods or Services. Seller must inform NETAPP promptly if the necessary license, agreements or approvals are not issued, delayed or withdrawn as well as of any circumstances which may give cause for such non- issuance, delay or withdrawal. Seller shall notify NETAPP if the supply to and/or use by NETAPP of any Goods or Services is covered by an appropriate U.S. or other governmental license, agreement or approval, and provide date, reference and full details of the issuing governmental authority of such license, agreement or approval. Seller shall indemnify NETAPP for any claims, costs, penalties and/or damages (including reasonable attorney’s fees) incurred by NETAPP consequential to Seller’s failure to comply with applicable Import or Export Controls Regulations and/or required license, agreement or approval. Without prejudice to Seller’s responsibility to obtain and retain licenses, agreements or approvals as set out above, NETAPP will, upon request, at the Seller’s expense endeavour to assist the Seller in obtaining licenses, agreements or approvals from the governmental authorities, but NETAPP will not be liable in the event of non-issuance, withdrawal or non-renewal of any licenses, agreements or approvals. If applicable, the Seller shall adequately mark all Goods and Services supplied to NETAPP pursuant to the purchase order and Agreement (if applicable) as “ITAR-controlled”, “EAR- Controlled” or “EU- controlled” by specifying (if applicable) the Technical Assistance Agreement reference number and Export Controls Classification Number and include these with the relevant Harmonized System number in the shipping documentation. The Seller is responsible for complying with any legislation governing the import of Goods and Services including but not limited to payment of customs duties, unless parties have agreed otherwise in writing. The Seller must provide assistance to NETAPP for the use of supplied Goods and Services by NETAPP which may include export, re-export, or transfer of Goods or Services by NETAPP. This assistance shall include: providing all information necessary to obtain any relevant export or import license, authorization or approvals; providing all information related to export or import license, authorizations or approvals including copies of license, approvals, classification numbers, copies of draft license applications, statements related to the country of origin of the Goods; and providing any other reasonable assistance that NETAPP reasonably requires from the Seller.

Export Law Compliance. Seller shall fully and unconditionally comply with all applicable export laws in the performance of this Agreement. The Seller shall notify NETAPP if the delivery of any supplied Goods or Services to NETAPP is subject to US International Traffic in Arms Regulations (“ITAR”), US Export Administration Regulations (“EAR”), EU Export Controls Regulations (including Regulation EC (No) 1334/2000) and/or any other national and/or international Export Controls regulations (hereafter “Export Control Regulations”). Neither Seller nor NETAPP shall export or import directly or indirectly, any information acquired under this Agreement or any Goods utilizing any such information to any country or entity for which any export or import authority, or any agency thereof, at the time of export or import either prohibits or requires a license or other government authorization without first obtaining such license or approval. The Seller is responsible for obtaining all necessary licenses, agreements or approvals needed for the delivery of Goods and Services pursuant to the NETAPP purchase order to NETAPP from the appropriate authorities. If the Seller fails to obtain or to retain such license, agreement or approval, the delivery of the Goods or Services shall be cancelled and NETAPP is entitled to terminate the Agreement without incurring any liability versus Seller and the Seller must compensate NETAPP for all direct and indirect damages consequential to the Seller’s failure to deliver the Goods or Services. Seller must inform NETAPP promptly if the necessary license, agreements or approvals are not issued, delayed or withdrawn as well as of any circumstances which may give cause for such non- issuance, delay or withdrawal. Seller shall notify NETAPP if the supply to and/or use by NETAPP of any Goods or Services is covered by an appropriate U.S. or other governmental license, agreement or approval, and provide date, reference and full details of the issuing governmental authority of such license, agreement or approval. Seller shall indemnify NETAPP for any claims, costs, penalties and/or damages (including reasonable attorney’s fees) incurred by NETAPP consequential to Seller’s failure to comply with applicable Import or Export Controls Regulations and/or required license, agreement or approval. Without prejudice to Seller’s responsibility to obtain and retain licenses, agreements or approvals as set out above, NETAPP will, upon request, at the Seller’s expense endeavour to assist the Seller in obtaining licenses, agreements or approvals from the governmental authorities, but NETAPP will not be liable in the event of non-issuance, withdrawal or non-renewal of any licenses, agreements or approvals. If applicableUpon NETAPP's request, the Seller shall adequately mark will promptly provide NETAPP with a statement of origin for all Goods and Services supplied to NETAPP pursuant to the purchase order and Agreement (if applicable) as “ITAR-controlled”, “EAR- Controlled” Canadian Customs documentation for Goods wholly or “EU- controlled” by specifying (if applicable) the Technical Assistance Agreement reference number and Export Controls Classification Number and include these with the relevant Harmonized System number in the shipping documentation. The Seller is responsible for complying with any legislation governing the import partially manufactured outside of Goods and Services including but not limited to payment of customs duties, unless parties have agreed otherwise in writing. The Seller must provide assistance to NETAPP for the use of supplied Goods and Services by NETAPP which may include export, re-export, or transfer of Goods or Services by NETAPP. This assistance shall include: providing all information necessary to obtain any relevant export or import license, authorization or approvals; providing all information related to export or import license, authorizations or approvals including copies of license, approvals, classification numbers, copies of draft license applications, statements related to the country of origin of the Goods; and providing any other reasonable assistance that NETAPP reasonably requires from the SellerCanada.

Export Law Compliance. Seller shall fully and unconditionally comply with all applicable export laws in the performance of this Agreement. The Seller shall notify NETAPP if the delivery of any supplied Goods or Services to NETAPP is subject to US International Traffic in Arms Regulations (“ITAR”), US Export Administration Regulations (“EAR”), EU Export Controls Regulations (including Regulation EC (No) 1334/2000) and/or any other national and/or international Export Controls regulations (hereafter “Export Control Regulations”). Neither Seller nor NETAPP shall export or import directly or indirectly, any information acquired under this Agreement or any Goods utilizing any such information to any country or entity for which any export or import authority, or any agency thereof, at the time of export or import either prohibits or requires a license or other government authorization without first obtaining such license or approval. The Seller is responsible for obtaining all necessary licenses, agreements or approvals needed for the delivery of Goods and Services pursuant to the NETAPP purchase order to NETAPP from the appropriate authorities. If the Seller fails to obtain or to retain such license, agreement or approval, the delivery of the Goods or Services shall be cancelled and NETAPP is entitled to terminate the Agreement without incurring any liability versus Seller and the Seller must compensate NETAPP for all direct and indirect damages consequential to the Seller’s failure to deliver the Goods or Services. Seller must inform NETAPP promptly if the necessary license, agreements or approvals are not issued, delayed or withdrawn as well as of any circumstances which may give cause for such non- issuance, delay or withdrawal. Seller shall notify NETAPP if the supply to and/or use by NETAPP of any Goods or Services is covered by an appropriate U.S. or other governmental license, agreement or approval, and provide date, reference and full details of the issuing governmental authority of such license, agreement or approval. Seller shall indemnify NETAPP for any claims, costs, penalties and/or damages (including reasonable attorney’s fees) incurred by NETAPP consequential to Seller’s failure to comply with applicable Import or Export Controls Regulations and/or required license, agreement or approval. Without prejudice to Seller’s responsibility to obtain and retain licenses, agreements or approvals as set out above, NETAPP will, upon request, at the Seller’s expense endeavour to assist the Seller in obtaining licenses, agreements or approvals from the governmental authorities, but NETAPP will not be liable in the event of non-non- issuance, withdrawal or non-renewal of any licenses, agreements or approvals. If applicable, the Seller shall adequately mark all Goods and Services supplied to NETAPP pursuant to the purchase order and Agreement (if applicable) as “ITAR-controlled”, “EAR- EAR-Controlled” or “EU- controlled” by specifying (if applicable) the Technical Assistance Agreement reference number and Export Controls Classification Number and include these with the relevant Harmonized System number in the shipping documentation. The Seller is responsible for complying with any legislation governing the import of Goods and Services including but not limited to payment of customs duties, unless parties have agreed otherwise in writing. The Seller must provide assistance to NETAPP for the use of supplied Goods and Services by NETAPP which may include export, re-export, or transfer of Goods or Services by NETAPP. This assistance shall include: providing all information necessary to obtain any relevant export or import license, authorization or approvals; providing all information related to export or import license, authorizations or approvals including copies of license, approvals, classification numbers, copies of draft license applications, statements related to the country of origin of the Goods; and providing any other reasonable assistance that NETAPP reasonably requires from the Seller.

Export Law Compliance. Seller shall fully and unconditionally comply with all applicable export laws in the performance of this Agreement. The Seller shall notify NETAPP COGNIGO if the delivery of any supplied Goods or Services to NETAPP COGNIGO is subject to US International Traffic in Arms Regulations (“ITAR”), US Export Administration Regulations (“EAR”), EU Export Controls Regulations (including Regulation EC (No) 1334/2000) and/or any other national and/or international Export Controls regulations (hereafter “Export Control Regulations”). Neither Seller nor NETAPP shall export or import import, directly or indirectly, any information acquired under this Agreement or any Goods utilizing any such information to any country or entity for which any export or import authority, or any agency thereof, at the time of export or import either prohibits or requires a license or other government authorization without first obtaining such license or approval. The Seller is responsible for obtaining all necessary licenses, agreements or approvals needed for the delivery of Goods and Services pursuant to the NETAPP COGNIGO purchase order to NETAPP COGNIGO from the appropriate authorities. If the Seller fails to obtain or to retain such license, agreement or approval, the delivery of the Goods or Services shall be cancelled and NETAPP COGNIGO is entitled to terminate the Agreement without incurring any liability versus Seller Seller, and the Seller must compensate NETAPP COGNIGO for all direct and indirect damages consequential to the Seller’s failure to deliver the Goods or Services. The Seller must inform NETAPP informs COGNIGO promptly if the necessary licenselicenses, agreements or approvals are not issued, delayed or withdrawn as well as of any circumstances which may give cause for such non- non-issuance, delay or withdrawal. Seller shall notify NETAPP if the supply to and/or use by NETAPP of any Goods or Services is covered by an appropriate U.S. or other governmental license, agreement or approval, and provide date, reference and full details of the issuing governmental authority of such license, agreement or approval. Seller shall indemnify NETAPP for any claims, costs, penalties and/or damages (including reasonable attorney’s fees) incurred by NETAPP consequential to Seller’s failure to comply with applicable Import or Export Controls Regulations and/or required license, agreement or approval. Without prejudice to Seller’s responsibility to obtain and retain licenses, agreements or approvals as set out above, NETAPP will, upon request, at the Seller’s expense endeavour to assist the Seller in obtaining licenses, agreements or approvals from the governmental authorities, but NETAPP will not be liable in the event of non-issuance, withdrawal or non-renewal of any licenses, agreements or approvals. If applicable, the Seller shall adequately mark all Goods and Services supplied to NETAPP pursuant to the purchase order and Agreement (if applicable) as “ITAR-controlled”, “EAR- Controlled” or “EU- controlled” by specifying (if applicable) the Technical Assistance Agreement reference number and Export Controls Classification Number and include these with the relevant Harmonized System number in the shipping documentation. The Seller is responsible for complying with any legislation governing the import of Goods and Services including but not limited to payment of customs duties, unless parties have agreed otherwise in writing. The Seller must provide assistance to NETAPP for the use of supplied Goods and Services by NETAPP which may include export, re-export, or transfer of Goods or Services by NETAPP. This assistance shall include: providing all information necessary to obtain any relevant export or import license, authorization or approvals; providing all information related to export or import license, authorizations or approvals including copies of license, approvals, classification numbers, copies of draft license applications, statements related to the country of origin of the Goods; and providing any other reasonable assistance that NETAPP reasonably requires from the Seller.The

Export Law Compliance. Seller shall fully and unconditionally comply with all applicable export laws in the performance of this Agreement. The Seller shall notify NETAPP if the delivery of any supplied Goods or Services to NETAPP is subject to US International Traffic in Arms Regulations (“ITAR”), US Export Administration Regulations (“EAR”), EU Export Controls Regulations (including Regulation EC (No) 1334/2000) and/or any other national and/or international Export Controls regulations (hereafter “Export Control Regulations”). Neither Seller nor NETAPP shall export or import directly or indirectly, any information acquired under this Agreement or any Goods utilizing any such information to any country or entity for which any export or import authority, or any agency thereof, at the time of export or import either prohibits or requires a license or other government authorization without first obtaining such license or approval. The Seller is responsible for obtaining all necessary licenses, agreements or approvals needed for the delivery of Goods and Services pursuant to the NETAPP purchase order to NETAPP from the appropriate authorities. If the Seller fails to obtain or to retain such license, agreement or approval, the delivery of the Goods or Services shall be cancelled and NETAPP is entitled to terminate the Agreement without incurring any liability versus Seller and the Seller must compensate NETAPP for all direct and indirect damages consequential to the Seller’s failure to deliver the Goods or Services. Seller must inform NETAPP promptly if the necessary license, agreements or approvals are not issued, delayed or withdrawn as well as of any circumstances which may give cause for such non- issuance, delay or withdrawal. Seller shall notify NETAPP if the supply to and/or use by NETAPP of any Goods or Services is covered by an appropriate U.S. or other governmental license, agreement or approval, and provide date, reference and full details of the issuing governmental authority of such license, agreement or approval. Seller shall indemnify NETAPP for any claims, costs, penalties and/or damages (including reasonable attorney’s fees) incurred by NETAPP consequential to Seller’s failure to comply with applicable Import or Export Controls Regulations and/or required license, agreement or approval. Without prejudice to Seller’s responsibility to obtain and retain licenses, agreements or approvals as set out above, NETAPP will, upon request, at the Seller’s expense endeavour to assist the Seller in obtaining licenses, agreements or approvals from the governmental authorities, but NETAPP will not be liable in the event of non-issuance, withdrawal or non-renewal of any licenses, agreements or approvals. If applicable, the Seller shall adequately mark all Goods and Services supplied to NETAPP pursuant to the purchase order and Agreement (if applicable) as “ITAR-controlled”, “EAR- Controlled” or “EU- controlled” by specifying (if applicable) the Technical Assistance Agreement reference number and Export Controls Classification Number and include these with the relevant Harmonized System number in the shipping documentation. The Seller is responsible for complying with any legislation governing the import of Goods and Services including but not limited to payment of customs duties, unless parties have agreed otherwise in writing. The Seller must provide assistance to NETAPP for the use of supplied Goods and Services by NETAPP which may include export, re-export, or transfer of Goods or Services by NETAPP. This assistance shall include: providing all information necessary to obtain any relevant export or import license, authorization or approvals; providing all information related to export or import license, authorizations or approvals including copies of license, approvals, classification numbers, copies of draft license applications, statements related to the country of origin of the Goods; and providing any other reasonable assistance that NETAPP reasonably requires from the Seller.appropriate

Export Law Compliance. Seller shall fully and unconditionally comply with all applicable export laws in the performance of this Agreement. The Seller shall notify NETAPP if the delivery of any supplied Goods or Services to NETAPP is subject to US International Traffic in Arms Regulations (“ITAR”), US Export Administration Regulations (“EAR”), EU Export Controls Regulations (including Regulation EC (No) 1334/2000) and/or any other national and/or international Export Controls regulations (hereafter “Export Control Regulations”). Neither Seller nor NETAPP shall export or import directly or indirectly, any information acquired under this Agreement or any Goods utilizing any such information to any country or entity for which any export or import authority, or any agency thereof, at the time of export or import either prohibits or requires a license or other government authorization without first obtaining such license or approval. The Seller is responsible for obtaining all necessary licenses, agreements or approvals needed for the delivery of Goods and Services pursuant to the NETAPP purchase order to NETAPP from the appropriate authorities. If the Seller fails to obtain or to retain such license, agreement or approval, the delivery of the Goods or Services shall be cancelled and NETAPP is entitled to terminate the Agreement without incurring any liability versus Seller and the Seller must compensate NETAPP for all direct and indirect damages consequential to the Seller’s failure to deliver the Goods or Services. Seller must inform NETAPP promptly if the necessary license, agreements or approvals are not issued, delayed or withdrawn as well as of any circumstances which may give cause for such non- issuance, delay or withdrawal. Seller shall notify NETAPP if the supply to and/or use by NETAPP of any Goods or Services is covered by an appropriate U.S. or other governmental license, agreement or approval, and provide date, reference and full details of the issuing governmental authority of such license, agreement or approval. Seller shall indemnify NETAPP for any claims, costs, penalties and/or damages (including reasonable attorney’s fees) incurred by NETAPP consequential to Seller’s failure to comply with applicable Import or Export Controls Regulations and/or required license, agreement or approval. Without prejudice to Seller’s responsibility to obtain and retain licenses, agreements or approvals as set out above, NETAPP will, upon request, at the Seller’s expense endeavour to assist the Seller in obtaining licenses, agreements or approvals from the governmental authorities, but NETAPP will not be liable in the event of non-issuance, withdrawal or non-renewal of any licenses, agreements or approvals. If applicable, the Seller shall adequately mark all Goods and Services supplied to NETAPP pursuant to the purchase order and Agreement (if applicable) as “ITAR-controlled”, “EAR- Controlled” or “EU- controlled” by specifying (if applicable) the Technical Assistance Agreement reference number and Export Controls Classification Number and include these with the relevant Harmonized System number in the shipping documentation. The Seller is responsible for complying with any legislation governing the import of Goods and Services including but not limited to payment of customs duties, unless parties have agreed otherwise in writing. The Seller must provide assistance to NETAPP for the use of supplied Goods and Services by NETAPP which may include export, re-export, or transfer of Goods or Services by NETAPP. This assistance shall include: providing all information necessary to obtain any relevant export or import license, authorization or approvals; providing all information related to export or import license, authorizations or approvals including copies of license, approvals, classification numbers, copies of draft license applications, statements related to the country of origin of the Goods; and providing any other reasonable assistance that NETAPP reasonably requires from the Seller.

Export Law Compliance. Seller shall fully and unconditionally comply with all applicable export laws in the performance of this Agreement. The Seller shall notify NETAPP if the delivery of any supplied Goods or Services to NETAPP is subject to US International Traffic in Arms Regulations (“ITAR”), US Export Administration Regulations (“EAR”), EU Export Controls Regulations (including Regulation EC (No) 1334/2000) and/or any other national and/or international Export Controls regulations (hereafter “Export Control Regulations”). Neither Seller nor NETAPP shall export or import directly or indirectly, any information acquired under this Agreement or any Goods utilizing any such information to any country or entity for which any export or import authority, or any agency thereof, at the time of export or import either prohibits or requires a license or other government authorization without first obtaining such license or approval. The Seller is responsible for obtaining all necessary licenses, agreements or approvals needed for the delivery of Goods and Services pursuant to the NETAPP purchase order to NETAPP from the appropriate authorities. If the Seller fails to obtain or to retain such license, agreement or approval, the delivery of the Goods or Services shall be cancelled and NETAPP is entitled to terminate the Agreement without incurring any liability versus Seller and the Seller must compensate NETAPP for all direct and indirect damages consequential to the Seller’s failure to deliver the Goods or Services. Seller must inform NETAPP promptly if the necessary license, agreements or approvals are not issued, delayed or withdrawn as well as of any circumstances which may give cause for such non- issuance, delay or withdrawal. Seller shall notify NETAPP if the supply to and/or use by NETAPP of any Goods or Services is covered by an appropriate U.S. or other governmental license, agreement or approval, and provide date, reference and full details of the issuing governmental authority of such license, agreement or approval. Seller shall indemnify NETAPP for any claims, costs, penalties and/or damages (including reasonable attorney’s fees) incurred by NETAPP consequential to Seller’s failure to comply with applicable Import or Export Controls Regulations and/or required license, agreement or approval. Without prejudice to Seller’s responsibility to obtain and retain licenses, agreements or approvals as set out above, NETAPP will, upon request, at the Seller’s expense endeavour to assist the Seller in obtaining licenses, agreements or approvals from the governmental authorities, but NETAPP will not be liable in the event of non-issuance, withdrawal or non-renewal of any licenses, agreements or approvals. If applicable, the Seller shall adequately mark all Goods and Services supplied to NETAPP pursuant to the purchase order and Agreement (if applicable) as “ITAR-controlled”, “EAR- Controlled” or “EU- controlled” by specifying (if applicable) the Technical Assistance Agreement reference number and Export Controls Classification Number and include these with the relevant Harmonized System number in the shipping documentation. The Seller is responsible for complying with any legislation governing the import of Goods and Services including but not limited to payment of customs duties, unless parties have agreed otherwise in writing. The Seller must provide assistance to NETAPP for the use of supplied Goods and Services by NETAPP which may include export, re-export, or transfer of Goods or Services by NETAPP. This assistance shall include: providing all information necessary to obtain any relevant export or import license, authorization or approvals; providing all information related to export or import license, authorizations or approvals including copies of license, approvals, classification numbers, copies of draft license applications, statements related to the country of origin of the Goods; and providing any other reasonable assistance that NETAPP reasonably requires from the Seller.non-

Export Law Compliance. Seller shall fully and unconditionally comply with all applicable export laws in the performance of this Agreement. The Seller shall notify NETAPP if the delivery of any supplied Goods or Services to NETAPP is subject to US International Traffic in Arms Regulations (“ITAR”), US Export Administration Regulations (“EAR”), EU Export Controls Regulations (including Regulation EC (No) 1334/2000) and/or any other national and/or international Export Controls regulations (hereafter “Export Control Regulations”). Neither Seller nor NETAPP shall export or import directly or indirectly, any information acquired under this Agreement or any Goods utilizing any such information to any country or entity for which any export or import authority, or any agency thereof, at the time of export or import either prohibits or requires a license or other government authorization without first obtaining such license or approval. The Seller is responsible for obtaining all necessary licenses, agreements or approvals needed for the delivery of Goods and Services pursuant to the NETAPP purchase order to NETAPP from the appropriate authorities. If the Seller fails to obtain or to retain such license, agreement or approval, the delivery of the Goods or Services shall be cancelled and NETAPP is entitled to terminate the Agreement without incurring any liability versus Seller and the Seller must compensate NETAPP for all direct and indirect damages consequential to the Seller’s failure to deliver the Goods or Services. Seller must inform NETAPP promptly if the necessary license, agreements or approvals are not issued, delayed or withdrawn as well as of any circumstances which may give cause for such non- issuance, delay or withdrawal. Seller shall notify NETAPP if the supply to and/or use by NETAPP of any Goods or Services is covered by an appropriate U.S. or other governmental license, agreement or approval, and provide date, reference and full details of the issuing governmental authority of such license, agreement or approval. Seller shall indemnify NETAPP for any claims, costs, penalties and/or damages (including reasonable attorney’s fees) incurred by NETAPP consequential to Seller’s failure to comply with applicable Import or Export Controls Regulations and/or required license, agreement or approval. Without prejudice to Seller’s responsibility to obtain and retain licenses, agreements or approvals as set out above, NETAPP will, upon request, at the Seller’s expense endeavour to assist the Seller in obtaining licenses, agreements or approvals from the governmental authorities, but NETAPP will not be liable in the event of non-issuance, withdrawal or non-non- renewal of any licenses, agreements or approvals. If applicable, the Seller shall adequately mark all Goods and Services supplied to NETAPP pursuant to the purchase order and Agreement (if applicable) as “ITAR-controlled”, “EAR- Controlled” or “EU- controlled” by specifying (if applicable) the Technical Assistance Agreement reference number and Export Controls Classification Number and include these with the relevant Harmonized System number in the shipping documentation. The Seller is responsible for complying with any legislation governing the import of Goods and Services including but not limited to payment of customs duties, unless parties have agreed otherwise in writing. The Seller must provide assistance to NETAPP for the use of supplied Goods and Services by NETAPP which may include export, re-export, or transfer of Goods or Services by NETAPP. This assistance shall include: providing all information necessary to obtain any relevant export or import license, authorization or approvals; providing all information related to export or import license, authorizations or approvals including copies of license, approvals, classification numbers, copies of draft license applications, statements related to the country of origin of the Goods; and providing any other reasonable assistance that NETAPP reasonably requires from the Seller.

Export Law Compliance. Seller shall fully and unconditionally comply with all applicable export laws in the performance of this Agreement. The Seller shall notify NETAPP if the delivery of any supplied Goods or Services to NETAPP is subject to US International Traffic in Arms Regulations (“ITAR”), US Export Administration Regulations (“EAR”), EU Export Controls Regulations (including Regulation EC (No) 1334/2000) and/or any other national and/or international Export Controls regulations (hereafter “Export Control Regulations”). Neither Seller nor NETAPP shall export or import directly or indirectly, any information acquired under this Agreement or any Goods utilizing any such information to any country or entity for which any export or import authority, or any agency thereof, at the time of export or import either prohibits or requires a license or other government authorization without first obtaining such license or approval. The Seller is responsible for obtaining all necessary licenses, agreements or approvals needed for the delivery of Goods and Services pursuant to the NETAPP purchase order to NETAPP from the appropriate authorities. If the Seller fails to obtain or to retain such license, agreement or approval, the delivery of the Goods or Services shall be cancelled and NETAPP is entitled to terminate the Agreement without incurring any liability versus Seller and the Seller must compensate NETAPP for all direct and indirect damages consequential to the Seller’s failure to deliver the Goods or Services. Seller must inform NETAPP promptly if the necessary license, agreements or approvals are not issued, delayed or withdrawn as well as of any circumstances which may give cause for such non- issuance, delay or withdrawal. Seller shall notify NETAPP if the supply to and/or use by NETAPP of any Goods or Services is covered by an appropriate U.S. or other governmental license, agreement or approval, and provide date, reference and full details of the issuing governmental authority of such license, agreement or approval. Seller shall indemnify NETAPP for any claims, costs, penalties and/or damages (including reasonable attorney’s fees) incurred by NETAPP consequential to Seller’s failure to comply with applicable Import or Export Controls Regulations and/or required license, agreement or approval. Without prejudice to Seller’s responsibility to obtain and retain licenses, agreements or approvals as set out above, NETAPP will, upon request, at the Seller’s expense endeavour to assist the Seller in obtaining licenses, agreements or approvals from the governmental authorities, but NETAPP will not be liable in the event of non-non- issuance, withdrawal or non-renewal of any licenses, agreements or approvals. If applicable, the Seller shall adequately mark all Goods and Services supplied to NETAPP pursuant to the purchase order and Agreement (if applicable) as “ITAR-controlled”, “EAR- EAR-Controlled” or “EU- controlled” by specifying (if applicable) the Technical Assistance Agreement reference number and Export Controls Classification Number and include these with the relevant Harmonized System number in the shipping documentation. The Seller is responsible for complying with any legislation governing the import of Goods and Services including but not limited to payment of customs duties, unless parties have agreed otherwise in writing. The Seller must provide assistance to NETAPP for the use of supplied Goods and Services by NETAPP which may include export, re-export, or transfer of Goods or Services by NETAPP. This assistance shall include: providing all information necessary to obtain any relevant export or import license, authorization or approvals; providing all information related to export or import license, authorizations or approvals including copies of license, approvals, classification numbers, copies of draft license applications, statements related to the country of origin of the Goods; and providing any other reasonable assistance that NETAPP reasonably requires from the Seller.,

Export Law Compliance. Seller shall fully and unconditionally comply with all applicable export laws in the performance of this Agreement. The Seller shall notify NETAPP if the delivery of any supplied Goods or Services to NETAPP is subject to US International Traffic in Arms Regulations (“ITAR”), US Export Administration Regulations (“EAR”), EU Export Controls Regulations (including Regulation EC (No) 1334/2000) and/or any other national and/or international Export Controls regulations (hereafter “Export Control Regulations”). Neither Seller nor NETAPP shall export or import directly or indirectly, any information acquired under this Agreement or any Goods utilizing any such information to any country or entity for which any export or import authority, or any agency thereof, at the time of export or import either prohibits or requires a license or other government authorization without first obtaining such license or approval. The Seller is responsible for obtaining all necessary licenses, agreements or approvals needed for the delivery of Goods and Services pursuant to the NETAPP purchase order to NETAPP from the appropriate authorities. If the Seller fails to obtain or to retain such license, agreement or approval, the delivery of the Goods or Services shall be cancelled and NETAPP is entitled to terminate the Agreement without incurring any liability versus Seller and the Seller must compensate NETAPP for all direct and indirect damages consequential to the Seller’s failure to deliver the Goods or Services. Seller must inform NETAPP promptly if the necessary license, agreements or approvals are not issued, delayed or withdrawn as well as of any circumstances which may give cause for such non- issuance, delay or withdrawal. Seller shall notify NETAPP if the supply to and/or use by NETAPP of any Goods or Services is covered by an appropriate U.S. or other governmental license, agreement or approval, and provide date, reference and full details of the issuing governmental authority of such license, agreement or approval. Seller shall indemnify NETAPP for any claims, costs, penalties and/or damages (including reasonable attorney’s fees) incurred by NETAPP consequential to Seller’s failure to comply with applicable Import or Export Controls Regulations and/or required license, agreement or approval. Without prejudice to Seller’s responsibility to obtain and retain licenses, agreements or approvals as set out above, NETAPP will, upon request, at the Seller’s expense endeavour to assist the Seller in obtaining licenses, agreements or approvals from the governmental authorities, but NETAPP will not be liable in the event of non-issuance, withdrawal or non-non- renewal of any licenses, agreements or approvals. If applicable, the Seller shall adequately mark all Goods and Services supplied to NETAPP pursuant to the purchase order and Agreement (if applicable) as “ITAR-controlled”, “EAR- EAR-Controlled” or “EU- controlled” by specifying (if applicable) the Technical Assistance Agreement reference number and Export Controls Classification Number and include these with the relevant Harmonized System number in the shipping documentation. The Seller is responsible for complying with any legislation governing the import of Goods and Services including but not limited to payment of customs duties, unless parties have agreed otherwise in writing. The Seller must provide assistance to NETAPP for the use of supplied Goods and Services by NETAPP which may include export, re-export, or transfer of Goods or Services by NETAPP. This assistance shall include: providing all information necessary to obtain any relevant export or import license, authorization or approvals; providing all information related to export or import license, authorizations or approvals including copies of license, approvals, classification numbers, copies of draft license applications, statements related to the country of origin of the Goods; and providing any other reasonable assistance that NETAPP reasonably requires from the Seller.

Export Law Compliance. Seller shall fully and unconditionally comply with all applicable export laws in the performance of this Agreement. The Seller shall notify NETAPP if the delivery of any supplied Goods or Services to NETAPP is subject to US International Traffic in Arms Regulations (“ITAR”), US Export Administration Regulations (“EAR”), EU Export Controls Regulations (including Regulation EC (No) 1334/2000) and/or any other national and/or international Export Controls regulations (hereafter “Export Control Regulations”). Neither Seller nor NETAPP shall export or import directly or indirectly, any information acquired under this Agreement or any Goods utilizing any such information to any country or entity for which any export or import authority, or any agency thereof, at the time of export or import either prohibits or requires a license or other government authorization without first obtaining such license or approval. The Seller is responsible for obtaining all necessary licenses, agreements or approvals needed for the delivery of Goods and Services pursuant to the NETAPP purchase order to NETAPP from the appropriate authorities. If the Seller fails to obtain or to retain such license, agreement or approval, the delivery of the Goods or Services shall be cancelled and NETAPP is entitled to terminate the Agreement without incurring any liability versus Seller and the Seller must compensate NETAPP for all direct and indirect damages consequential to the Seller’s failure to deliver the Goods or Services. Seller must inform NETAPP promptly if the necessary license, agreements or approvals are not issued, delayed or withdrawn as well as of any circumstances which may give cause for such non- issuance, delay or withdrawal. Seller shall notify NETAPP if the supply to and/or use by NETAPP of any Goods or Services is covered by an appropriate U.S. or other governmental license, agreement or approval, and provide date, reference and full details of the issuing governmental authority of such license, agreement or approval. Seller shall indemnify NETAPP for any claims, costs, penalties and/or damages (including reasonable attorney’s fees) incurred by NETAPP consequential to Seller’s failure to comply with applicable Import or Export Controls Regulations and/or required license, agreement or approval. Without prejudice to Seller’s responsibility to obtain and retain licenses, agreements or approvals as set out above, NETAPP will, upon request, at the Seller’s expense endeavour to assist the Seller in obtaining licenses, agreements or approvals from the governmental authorities, but NETAPP will not be liable in the event of non-issuance, withdrawal or non-renewal of any licenses, agreements or approvals. If applicable, the Seller shall adequately mark all Goods and Services supplied to NETAPP pursuant to the purchase order and Agreement (if applicable) as “ITAR-controlled”, “EAR- Controlled” or “EU- controlled” by specifying (if applicable) the Technical Assistance Agreement reference number and Export Controls Classification Number and include these with the relevant Harmonized System number in the shipping documentation. The Seller is responsible for complying with any legislation governing the import of Goods and Services including but not limited to payment of customs duties, unless parties have agreed otherwise in writing. The Seller must provide assistance to NETAPP for the use of supplied Goods and Services by NETAPP which may include export, re-export, or transfer of Goods or Services by NETAPP. This assistance shall include: providing all information necessary to obtain any relevant export or import license, authorization or approvals; providing all information related to export or import license, authorizations or approvals including copies of license, approvals, classification numbers, copies of draft license applications, statements related to the country of origin of the Goods; and providing any other reasonable assistance that NETAPP reasonably requires from the Seller.which

Export Law Compliance. Seller shall fully and unconditionally comply with all applicable export laws in the performance of this Agreement. The Seller shall notify NETAPP if the delivery of any supplied Goods or Services to NETAPP is subject to US International Traffic in Arms Regulations (“ITAR”), US Export Administration Regulations (“EAR”), EU Export Controls Regulations (including Regulation EC (No) 1334/2000) and/or any other national and/or international Export Controls regulations (hereafter “Export Control Regulations”). Neither Seller nor NETAPP shall export or import directly or indirectly, any information acquired under this Agreement or any Goods utilizing any such information to any country or entity for which any export or import authority, or any agency thereof, at the time of export or import either prohibits or requires a license or other government authorization without first obtaining such license or approval. The Seller is responsible for obtaining all necessary licenses, agreements or approvals needed for the delivery of Goods and Services pursuant to the NETAPP purchase order to NETAPP from the appropriate authorities. If the Seller fails to obtain or to retain such license, agreement or approval, the delivery of the Goods or Services shall be cancelled and NETAPP is entitled to terminate the Agreement without incurring any liability versus Seller and the Seller must compensate NETAPP for all direct and indirect damages consequential to the Seller’s failure to deliver the Goods or Services. Seller must inform NETAPP promptly if the necessary license, agreements or approvals are not issued, delayed or withdrawn as well as of any circumstances which may give cause for such non- issuance, delay or withdrawal. Seller shall notify NETAPP if the supply to and/or use by NETAPP of any Goods or Services is covered by an appropriate U.S. or other governmental license, agreement or approval, and provide date, reference and full details of the issuing governmental authority of such license, agreement or approval. Seller shall indemnify NETAPP for any claims, costs, penalties and/or damages (including reasonable attorney’s fees) incurred by NETAPP consequential to Seller’s failure to comply with applicable Import or Export Controls Regulations and/or required license, agreement or approval. Without prejudice to Seller’s responsibility to obtain and retain licenses, agreements or approvals as set out above, NETAPP will, upon request, at the Seller’s expense endeavour to assist the Seller in obtaining licenses, agreements or approvals from the governmental authorities, but NETAPP will not be liable in the event of non-issuance, withdrawal or non-renewal of any licenses, agreements or approvals. If applicable, the Seller shall adequately mark all Goods and Services supplied to NETAPP pursuant to the purchase order and Agreement (if applicable) as “ITAR-controlled”, “EAR- EAR-Controlled” or “EU- controlled” by specifying (if applicable) the Technical Assistance Agreement reference number and Export Controls Classification Number and include these with the relevant Harmonized System number in the shipping documentation. The Seller is responsible for complying with any legislation governing the import of Goods and Services including but not limited to payment of customs duties, unless parties have agreed otherwise in writing. The Seller must provide assistance to NETAPP for the use of supplied Goods and Services by NETAPP which may include export, re-export, or transfer of Goods or Services by NETAPP. This assistance shall include: providing all information necessary to obtain any relevant export or import license, authorization or approvals; providing all information related to export or import license, authorizations or approvals including copies of license, approvals, classification numbers, copies of draft license applications, statements related to the country of origin of the Goods; and providing any other reasonable assistance that NETAPP reasonably requires from the Seller.customs

Export Law Compliance. Seller shall fully and unconditionally comply with all applicable export laws in the performance of this Agreement. The Seller shall notify NETAPP if the delivery of any supplied Goods or Services to NETAPP is subject to US International Traffic in Arms Regulations (“ITAR”), US Export Administration Regulations (“EAR”), EU Export Controls Regulations (including Regulation EC (No) 1334/2000) and/or any other national and/or international Export Controls regulations (hereafter “Export Control Regulations”). Neither Seller nor NETAPP shall export or import directly or indirectly, any information acquired under this Agreement or any Goods utilizing any such information to any country or entity for which any export or import authority, or any agency thereof, at the time of export or import either prohibits or requires a license or other government authorization without first obtaining such license or approval. The Seller is responsible for obtaining all necessary licenses, agreements or approvals needed for the delivery of Goods and Services pursuant to the NETAPP purchase order to NETAPP from the appropriate authorities. If the Seller fails to obtain or to retain such license, agreement or approval, the delivery of the Goods or Services shall be cancelled and NETAPP is entitled to terminate the Agreement without incurring any liability versus Seller and the Seller must compensate NETAPP for all direct and indirect damages consequential to the Seller’s failure to deliver the Goods or Services. Seller must inform NETAPP promptly if the necessary license, agreements or approvals are not issued, delayed or withdrawn as well as of any circumstances which may give cause for such non- issuance, delay or withdrawal. Seller shall notify NETAPP if the supply to and/or use by NETAPP of any Goods or Services is covered by an appropriate U.S. or other governmental license, agreement or approval, and provide date, reference and full details of the issuing governmental authority of such license, agreement or approval. Seller shall indemnify NETAPP for any claims, costs, penalties and/or damages (including reasonable attorney’s fees) incurred by NETAPP consequential to Seller’s failure to comply with applicable Import or Export Controls Regulations and/or required license, agreement or approval. Without prejudice to Seller’s responsibility to obtain and retain licenses, agreements or approvals as set out above, NETAPP will, upon request, at the Seller’s expense endeavour to assist the Seller in obtaining licenses, agreements or approvals from the governmental authorities, but NETAPP will not be liable in the event of non-issuance, withdrawal or non-non- renewal of any licenses, agreements or approvals. If applicable, the Seller shall adequately mark all Goods and Services supplied to NETAPP pursuant to the purchase order and Agreement (if applicable) as “ITAR-controlled”, “EAR- Controlled” or “EU- controlled” by specifying (if applicable) the Technical Assistance Agreement reference number and Export Controls Classification Number and include these with the relevant Harmonized System number in the shipping documentation. The Seller is responsible for complying with any legislation governing the import of Goods and Services including but not limited to payment of customs duties, unless parties have agreed otherwise in writing. The Seller must provide assistance to NETAPP for the use of supplied Goods and Services by NETAPP which may include export, re-export, or transfer of Goods or Services by NETAPP. This assistance shall include: providing all information necessary to obtain any relevant export or import license, authorization or approvals; providing all information related to export or import license, authorizations or approvals including copies of license, approvals, classification numbers, copies of draft license applications, statements related to the country of origin of the Goods; and providing any other reasonable assistance that NETAPP reasonably requires from the Seller.