Import, Export, Exchange Controls Clause Samples
The Import, Export, Exchange Controls clause defines the parties' obligations to comply with all applicable laws and regulations governing the movement of goods, services, or funds across borders. In practice, this means that each party must ensure that their activities under the agreement do not violate restrictions on imports, exports, or currency exchanges imposed by relevant authorities. For example, a company may need to obtain export licenses or ensure that products are not shipped to embargoed countries. The core function of this clause is to allocate responsibility for legal compliance and to protect the parties from liability or contract breaches arising from government-imposed trade or currency restrictions.
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Import, Export, Exchange Controls. 15.2.1 Customer will be responsible for obtaining any necessary government approvals, consents, licenses and/or permits to enable Customer to (a) export any products or technical data required for EDS' performance under this Agreement from the United States or any other country of origin, (b) import such products and technical data into any other country, and (c) pay EDS all amounts in U.S. Dollars as required by this Agreement. Upon request, EDS will promptly provide Customer with any end-user certificates, affidavits regarding re-export or other certificates and documents as are reasonably available to EDS and required from EDS to obtain any such approvals, consents, licenses and /or permits. The obligations of EDS under this Agreement as they pertain to items affected by import and export issues shall be conditioned on Customer's obtaining such approvals, consents, licenses and/or permits. Each Party shall bear all costs, fees and expenses associated with obtaining such approvals, consents, certificates, affidavits and other items for which it is responsible under this Agreement, and upon request will provide to the other evidence that any such items have been obtained and all fees have been paid.
15.2.2 Notwithstanding anything in this Agreement to the contrary, Customer shall not directly or indirectly export (or re-export) any hardware, products, Software, technical data or products thereof or permit transshipment of same
(a) to any country or destination for which the United States Government or a United States Government agency requires an export license or other approval for export without first having obtained such license or other approval, or (b) it otherwise contrary to United States law. The term "technical data" shall include the Services and any technical assistance provided by EDS. This obligation shall survive the expiration or termination of this Agreement.
Import, Export, Exchange Controls. 19.2.1 Customer will be responsible for obtaining any necessary government approvals, consents, licenses and/or permits to enable Customer to (a) export any products or technical data required for TSG's performance under this Agreement from the United States or any other country of origin, (b) import such products and technical data into any other country, and (c) pay TSG all amounts in U.S. Dollars as required by this Agreement. Upon request, TSG will promptly provide Customer with any end-user certificates, affidavits regarding re-export or other certificates and documents as are reasonably available to TSG and required from TSG for Customer to obtain any such approvals, consents, licenses and/or permits. TSG shall not be required to perform any portion of the TSG Services which is in contravention of the U.S. export laws. Each party shall bear all costs, fees and expenses associated with obtaining such approvals, consents, certificates, affidavits and other items for which it is responsible under this Agreement, and upon request will provide to the other evidence that any such items have been obtained and all fees have been paid.
19.2.2 Notwithstanding anything in this Agreement to the contrary, Customer shall not directly or indirectly export (or re-export) any TSG Software, the TSG Services, and any other technical assistance provided by TSG (collectively, the "TECHNICAL DATA"), or permit transshipment of same
(a) to any country or destination for which the United States government or a United States government agency requires an export license or other approval for export without first having obtained such license or other approval, or (b) if otherwise contrary to United States law. This obligation shall survive the expiration or termination of this Agreement.