Common use of Licenses and Other Approvals Clause in Contracts

Licenses and Other Approvals. Contractor shall at its expense timely apply for and, once issued, maintain all U.S. Government export licenses, agreements and other approvals that are required for “foreign person” personnel and/or representatives of Purchaser (including, but not limited to, all foreign Affiliates and related entities of Purchaser involved with the procurement) as well as Purchaser’s insurance providers to have access to Contractor facilities, hardware, software, Deliverable Data, other technical information or technical services in connection with the performance of this Contract. A “foreign person” shall be as defined in the International Traffic in Arms Regulations, 22 C.F.R. §120.16, as amended. As early as practicable, Purchaser shall provide Contractor with a list of countries (if other than the U.S.) of which “foreign person” personnel and/or representatives of Purchaser (including, but not limited to foreign subsidiaries and related entities of Purchaser involved with the procurement) as well as Purchaser’s insurance providers if such personnel, representatives, insurance providers will or may have access to U.S. export-controlled items under this Contract. Purchaser shall provide the reasonable cooperation and support necessary for Contractor to apply for and maintain such required U.S. export licenses, agreements and other approvals, and shall promptly notify Contractor of any occurrence or change in circumstances of which it becomes aware that is relevant to or affects such export licenses, agreements and approvals. At Purchaser’s request, Contractor shall include Purchaser (and related entities involved with the procurement) as a named party in any application to the U.S. government for approval of such export licenses, agreements and other approvals so as to permit Purchaser to be present during any discussion or meetings where Purchaser’s foreign subsidiaries/related entities, insurance providers may receive from or discuss with Contractor export-controlled technical data. Contractor shall provide the parties to such export licenses and agreements copies of the export licenses and agreements, including any U.S. government provisos related to same. NOTWITHSTANDING ANY PROVISION IN THIS CONTRACT, IN NO EVENT SHALL CONTRACTOR BE OBLIGATED UNDER THIS CONTRACT TO PROVIDE ACCESS TO CONTRACTOR OR SUBCONTRACTOR FACILITIES; PROVIDE ACCESS TO OR FURNISH HARDWARE, SOFTWARE, DELIVERABLE DATA OR OTHER TECHNICAL INFORMATION; OR PROVIDE TECHNICAL SERVICES, TO ANY PERSON EXCEPT IN COMPLIANCE WITH APPLICABLE U.S. EXPORT CONTROL LAWS, REGULATIONS, POLICIES AND LICENSE CONDITIONS, AS CONSTRUED BY CONTRACTOR IN GOOD FAITH.

Licenses and Other Approvals. Contractor shall at its expense timely apply for and, once issued, maintain all U.S. Government export licenses, agreements and other approvals that are required for “foreign person” Foreign Person personnel and/or representatives of Purchaser (including, but not limited to, all foreign Affiliates and related entities of Purchaser involved with the procurement) as well as Purchaser’s insurance providers to have access to Contractor facilities, hardware, software, Deliverable Data, other technical information or technical services and/or obtain Controlled Items in connection with the performance of this Contract. A “foreign person” shall be as defined in the International Traffic in Arms Regulations, 22 C.F.R. §120.16, as amended. As early as practicable, and in no event later than fifteen (15) days after EDC, Purchaser shall provide Contractor with a list of countries (if other than the U.S.United States of America) of which “foreign person” Foreign Person personnel and/or representatives of Purchaser (includingare citizens or nationals, but not limited to foreign subsidiaries and related entities of Purchaser involved with the procurement) as well as Purchaser’s insurance providers if such personnel, representatives, insurance providers personnel and/or representatives will or may have access to U.S. export-controlled items Contractor’s facilities and/or Controlled Items under this Contract. Purchaser Both Parties shall provide the reasonable cooperation and support necessary for Contractor the other Party to apply for and maintain such required U.S. export licenses, agreements and other approvals, and shall promptly notify Contractor the other of any occurrence or change in circumstances of which it becomes aware that is relevant to or affects such export licenses, agreements and approvals. At Purchaser’s request, Contractor shall include Purchaser [Use or disclosure of the data contained on this page is subject to the restriction set forth in Article 26.] FOIA CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO CERTAIN INFORMATION IN THIS AGREEMENT. THIS INFORMATION HAS BEEN REDACTED AND DENOTED BY ASTERISKS [***]. COPIES OF THE EXHIBIT CONTAINING THE REDACTED PORTIONS HAVE BEEN FILED SEPARATELY WITH THE COMMISSION SUBJECT TO A REQUEST FOR CONFIDENTIAL TREATMENT PURSUANT TO RULE 24B-2 UNDER THE SECURITIES EXCHANGE ACT. EXECUTION VERSION (and related entities involved with the procurement) as a named party in any application to the U.S. government Government for approval of such export licenses, agreements and other approvals so as to permit Purchaser to be present during any discussion with or meetings where Purchaser’s foreign subsidiaries/related entities, or insurance providers providers, may receive from from, or discuss with with, Contractor any export-controlled technical dataitems and/or services. Contractor shall provide the parties to such export licenses licenses, agreements and agreements other approvals copies of the export licenses licenses, agreements and agreementsother approvals, including provision of details of any U.S. government Government provisos related to same. NOTWITHSTANDING ANY PROVISION IN THIS CONTRACTIn no event shall Contractor be obligated under this Contract to provide access to Contractor or subcontractor facilities; provide access to or furnish Controlled Items to any person except in compliance with applicable Export Control Laws, IN NO EVENT SHALL CONTRACTOR BE OBLIGATED UNDER THIS CONTRACT TO PROVIDE ACCESS TO CONTRACTOR OR SUBCONTRACTOR FACILITIES; PROVIDE ACCESS TO OR FURNISH HARDWARE, SOFTWARE, DELIVERABLE DATA OR OTHER TECHNICAL INFORMATION; OR PROVIDE TECHNICAL SERVICES, TO ANY PERSON EXCEPT IN COMPLIANCE WITH APPLICABLE U.S. EXPORT CONTROL LAWS, REGULATIONS, POLICIES AND LICENSE CONDITIONS, AS CONSTRUED BY CONTRACTOR IN GOOD FAITHas construed by Contractor.

Licenses and Other Approvals. Contractor Seller shall at its expense timely apply for and, once issued, use its commercially reasonable efforts to maintain all U.S. Government any required government export licenses, agreements and other approvals that are required for Buyer and any “foreign person” (defined below) personnel and/or representatives of Purchaser Buyer’s Customer (including, but not limited to, all foreign Affiliates subsidiaries and related entities of Purchaser Customer involved with the procurement) as well as PurchaserBuyer’s Customer’s insurance providers providers, to have access to Contractor Seller facilities, hardware, software, Deliverable Data, Training, other technical information or technical services in connection with the performance of this Contract. A “foreign person” shall be as defined in for US Export purposes under the International Traffic in Arms Regulations, 22 C.F.R. §120.16, as amendedITAR and EAR regulations. As early as practicable, Purchaser Buyer shall provide Contractor Seller with a list of countries (if other than the U.S.) of which “foreign person” personnel and/or representatives of Purchaser Buyer (including, but not limited to foreign subsidiaries and related entities of Purchaser Buyer and Buyer’s Customer involved with the procurement) as well as PurchaserBuyer’s Customer’s potential insurance providers providers, if such personnel, representatives, insurance providers will or may have access to U.S. export-controlled items or services under this Contract. Purchaser In addition, for any foreign person with a nationality (including any dual nationalities) in a country other than a member country of the North Atlantic Treaty Organization (“NATO”) the European Union (EU) or Australia, Japan, New Zealand or Switzerland that Buyer wishes to have access to technical data, services or facilities, Buyer shall provide such person’s resume, place of birth, identification of all countries of which such person is a national and the face page of such person’s passport. Buyer shall provide such reasonable cooperation and support as necessary for Contractor Seller to apply for and maintain such required U.S. export licenses, agreements and other approvals, and shall promptly notify Contractor Seller of any occurrence or change in circumstances of which it becomes aware that is relevant to or affects such export licenses, agreements and approvals. At PurchaserBuyer’s request, Contractor Seller shall include Purchaser Buyer (and related entities involved with the procurement) as a named party in any application to the U.S. relevant government for approval of such export licenses, agreements and other approvals so as to permit Purchaser Buyer to be present during any discussion with or meetings where PurchaserBuyer’s foreign subsidiaries/related entities, or insurance providers providers, may receive from from, or discuss with Contractor with, Seller any export-controlled technical dataitems and/or services. Contractor Seller shall provide the parties to such export licenses and agreements copies of the export licenses and agreements, including any U.S. relevant government provisos related to same. NOTWITHSTANDING ANY PROVISION IN THIS CONTRACTIn the event additional export licenses, IN NO EVENT SHALL CONTRACTOR BE OBLIGATED UNDER THIS CONTRACT TO PROVIDE ACCESS TO CONTRACTOR OR SUBCONTRACTOR FACILITIES; PROVIDE ACCESS TO OR FURNISH HARDWAREagreements and other approvals are required for Seller to provide data and documentation in connection with any anomaly investigation or insurance claim, SOFTWARESeller shall timely apply and diligently prosecute any application for such license, DELIVERABLE DATA OR OTHER TECHNICAL INFORMATION; OR PROVIDE TECHNICAL SERVICES, TO ANY PERSON EXCEPT IN COMPLIANCE WITH APPLICABLE U.S. EXPORT CONTROL LAWS, REGULATIONS, POLICIES AND LICENSE CONDITIONS, AS CONSTRUED BY CONTRACTOR IN GOOD FAITHagreement or approval.