Common use of Foreign Entities Clause in Contracts

Foreign Entities. If (1) Seller is not a State entity, (2) Seller is providing anything other than tangible personal property (for example, services) in the United States (“U.S.”), and (3) the Hillrom entity on the Purchase Order is established under the laws of a State, Seller shall promptly provide IRS Form W-8BEN, Form W-8ECI, Form W-8CE, Form W-8EXP, Form W-8IMY or Form W-9, whichever form is applicable, to Hillrom. Failure to furnish the appropriate IRS Form may result in withholding thirty-five percent (35%) of payments pursuant to the Agreement in accordance with Internal Revenue Code of 1986, as amended, and the regulations promulgated thereunder (“IRC”).