Import and Export. The products, software, services, information, other deliverables and/or the technologies embedded therein (hereinafter referred to as “Deliverables”) provided by Contractor under this Contract contain or may contain components and/or technologies from the United States of America (“US”), the European Union (“EU”) and/or other nations. The Participating Public Agency acknowledges and agrees that the supply, assignment and/or usage of Deliverables under this Contract shall fully comply with applicable US, EU and other national and international export control laws and/or regulations. Unless applicable export licenses have been obtained from the relevant authority and Contractor has approved, the Deliverables shall not (i) be exported and/or re-exported to any destination or party (including without limitation to any individual, group and/or legal entity) restricted by the applicable export control laws and/or regulations; or (ii) be used for those purposes and fields restricted by the applicable export control laws and/or regulations. The Participating Public Agency also agrees that the Deliverables will not be used either directly or indirectly in any rocket systems, unmanned air vehicles, nuclear weapons delivery systems, and/or in any design, development, production or use of or related to weapons (which may include, without limitation, chemical, biological or nuclear weapons). If any necessary or advisable licenses, authorizations or approvals are not obtained, whether arising from inaction by any relevant government authority or otherwise, or if any such licenses, authorizations or approvals are denied or revoked, or if the applicable export control laws and/or regulations would prohibit Contractor from fulfilling any order, or would in Contractor’s judgment otherwise expose Contractor to a risk of liability under the applicable export control laws and/or regulations if it fulfilled the order, Contractor shall be excused from all affected obligations under such order and/or this Contract.
Appears in 2 contracts
Samples: Cooperative Purchasing Agreement, Cooperative Purchasing Agreement
Import and Export. The products, software, services, information, other deliverables and/or the technologies embedded therein (hereinafter referred to as “Deliverables”) provided by Contractor ESCO under this Contract contain or may contain components and/or technologies from the United States of America (“US”), the European Union (“EU”) and/or other nations. The Participating Public Agency Customer acknowledges and agrees that the supply, assignment and/or usage of Deliverables under this Contract shall fully comply with applicable US, EU and other national and international export control laws and/or regulations. Unless applicable export licenses have been obtained from the relevant authority and Contractor ESCO has approved, the Deliverables shall not (i) be exported and/or re-exported to any destination or party (including without limitation to any individual, group and/or legal entity) restricted by the applicable export control laws and/or regulations; or (ii) be used for those purposes and fields restricted by the applicable export control laws and/or regulations. The Participating Public Agency Customer also agrees that the Deliverables will not be used either directly or indirectly in any rocket systems, unmanned air vehicles, nuclear weapons delivery systems, and/or in any design, development, production or use of or related to weapons (which may include, without limitation, chemical, biological or nuclear weapons). If any necessary or advisable licenses, authorizations or approvals are not obtained, whether arising from inaction by any relevant government authority or otherwise, or if any such licenses, authorizations or approvals are denied or revoked, or if the applicable export control laws and/or regulations would prohibit Contractor ESCO from fulfilling any order, or would in ContractorESCO’s judgment otherwise expose Contractor ESCO to a risk of liability under the applicable export control laws and/or regulations if it fulfilled the order, Contractor ESCO shall be excused from all affected obligations under such order and/or this Contract.
Appears in 1 contract
Samples: Energy Services Contract
Import and Export. 17.1. The products, software, services, information, other deliverables and/or the technologies embedded therein (hereinafter referred to as “Deliverables”) Products and Services provided by Contractor Company under this Contract contain or may contain components and/or technologies from the United States of America (“US”), the European Union (“EU”) and/or other nations. The Participating Public Agency Customer acknowledges and agrees that the supplyProducts, assignment and/or usage of Deliverables the Products, Software, Services, information, other deliverables and/or the embedded technologies (hereinafter referred to as “Deliverables”) under this Contract these Terms and Conditions of Sale shall fully comply with related applicable US, EU and other national and international export control laws and/or regulations.
17.2. Unless applicable export licenses have license/s has been obtained from the relevant authority and Contractor Company has approved, the Deliverables shall not (i) be exported and/or re-exported to any destination or and party (including without limitation may include but not limited to any an individual, group and/or legal entity) restricted by the applicable export control laws and/or regulations; or (ii) be used for those purposes and fields restricted by the applicable export control laws and/or regulations. The Participating Public Agency Customer also agrees that the Deliverables will not be used either directly or indirectly in any rocket systems, systems or unmanned air vehicles, ; nor be used in any nuclear weapons delivery systems, and/or ; and will not be used in any design, development, production or use of or related to for any weapons (which may include, without limitation, include but not limited to chemical, biological or nuclear weapons).
17.3. If any necessary or advisable licenses, authorizations or approvals are not obtained, whether arising from inaction by any relevant government authority or otherwise, or if any such licenses, authorizations or approvals are denied or revoked, or if the applicable export control laws and/or regulations would prohibit Contractor Company from fulfilling any order, or would in ContractorCompany’s judgment otherwise expose Contractor Company to a risk of liability under the applicable export control laws and/or regulations if it fulfilled the order, Contractor Company shall be excused from all affected obligations under such order and/or this Contractthese Terms and Conditions of Sale.
Appears in 1 contract
Samples: General Services Agreement