Prohibited Entities. Subrecipient certifies that it will not utilize on this Agreement any contractor or subcontractor that is identified on the Prohibited Entities List, including but not limited to “Entities Determined to be Non-Responsive Bidders/Offerors pursuant to the New York State Iran Divestment Act of 2012”. Subrecipient agrees that should it seek to renew or extend this Agreement, it must provide the same certification at the time the Agreement is renewed or extended. Subrecipient also agrees that any proposed assignee of this Agreement will be required to certify that it is not on the Prohibited Entities List before the assignment will be approved by the Subrecipient. During the term of the Agreement, should the Subrecipient receive information that a person (as defined in State Finance Law §165-a) is in violation of the above-referenced certifications, the Subrecipient will review such information and offer the person an opportunity to respond. If the person fails to demonstrate that it has ceased its engagement in the investment activity which is in violation of the certifications within 90 days after the determination of such violation, then the Subrecipient shall take such action as may be appropriate and provided for by law, rule, or contract, including, but not limited to, imposing sanctions, seeking compliance, recovering damages, or declaring the Contractor in default. The Subrecipient reserves the right to reject any bid, request for assignment, renewal or extension for an entity that appears on the Prohibited Entities List prior to the award, assignment, renewal or extension of a contract, and to pursue a responsibility review with respect to any entity that is awarded a contract and appears on the Prohibited Entities list after contract award.
Prohibited Entities. No Borrower nor any holder of a direct or indirect beneficial interest in Borrower (exclusive of any direct or indirect owner of Sponsor, or any successor by merger, consolidation or otherwise of Sponsor, so long as Sponsor or any such successor by merger, consolidation or otherwise of Sponsor is a publicly traded entity) is a Prohibited Entity.
Prohibited Entities. Without limiting the generality of the foregoing, Buyer certifies that it will not, without the express prior written permission of Seller and receipt of all necessary U.S. Government licenses or other approvals, sell or permit the resale of any Seller-supplied product to:
(a) the governments of Iran, Syria, Democratic People's Republic of Korea, Cuba, Russia, or to any individual or entity located within those countries;
(b) any individual or entity identified on the so-called Denied Persons List, Entity List, Unverified List, or Specially Designated Nationals List, or any party identified under General Order 3 to Part 736 of the Export Administration Regulations; (see hxxx://xxx.xxx.xxx.xxx/xxxxxxxxxxxxxxxxxxxxxxxx/liststocheck.htm)
(c) any individual or entity for use in a chemical or biological weapons, nuclear or missile program.
Prohibited Entities. (a) Subtenant represents and warrants to Sublandlord that (i) it and each Affiliate or Principal directly or indirectly owning an interest in it is not a Prohibited Entity, (ii) none of the funds or other assets of it constitute property of, or are beneficially owned, directly or indirectly, by, any Person on the List, (iii) no Person on the List has any interest of any nature whatsoever in it (whether directly or indirectly), (iv) none of its funds have been derived from any unlawful activity with the result that the investment in it is prohibited by law or that this Sublease is in violation of law, and (v) it has implemented procedures, and will consistently apply those procedures, to ensure the foregoing representations and warranties remain true and correct at all times. “Affiliate” shall mean with respect to any Person, any Person who or which directly or indirectly controls, is controlled by or is under common control with such Person. “Principal” shall mean, with respect to any Person, (A) any director or the president, any vice president, the treasurer, or the secretary thereof if such Person is a corporation, (B) any general partner of a partnership or managing member or manager of a limited liability company, or (C) any shareholder, limited partner, member or other Person having a direct or indirect economic interest in such Person, whether beneficially or of record, in excess of ten percent (10%) of all of the issued and outstanding shares, partnership interests, limited liability company interests or other ownership interests of such Person. In calculating the percentage interest of any shareholder, partner, member or other beneficially interested Person referred to in the prior sentence, the interest in the equity of any Affiliate of such shareholder, partner, member or beneficially interested Person shall be attributed to such shareholder, partner, member or beneficially interested Person. “Person” shall mean (A) an individual, corporation, limited liability company, partnership, joint venture, estate, trust, unincorporated association or other business entity, (B) any federal, state, county or municipal government (or any bureau, department, agency or instrumentality thereof), and (C) any fiduciary acting in such capacity on behalf of any of the foregoing. “List” shall mean, collectively, as updated from time to time, the Specially Designated Nationals and Blocked Persons List maintained by OFAC and/or on any other similar list maintained by...
Prohibited Entities. Although we welcome entities of all types on the Platform, we prohibit certain industries and products based on research into relevant precedents. While we wish to provide an open Platform for companies to raise capital, we also must ensure safe and compliant experiences for all Users, Investors and Issuers alike. Therefore, should we determine, in our sole discretion, that the entity and/or its members, officers, directors, employees, or agents – and, for clarification, not the customers, clients, users, or proponents of the entity – have been engaged with the sale, manufacturing, publishing, promoting, producing, distribution, or similar of any of the items below the entity shall be prohibited from becoming an Issuer on the Platform:
(a) weaponry including, without limitation, firearms, guns, pistols, knives, replicas of weapons, weapon accessories, or other devices or material intended to harm if fully utilized;
(b) pornography including, without limitation, printed or visual material containing the explicit description or display of sexual organs or activity intended to stimulate erotic feelings and which materials are obscene, indecent, or profane as established by the Federal Communications Commission (the “FCC”);
(c) discriminatory material including, without limitation, any materials that discriminate or encourage discrimination against people based on personal attributes such as race, ethnicity, national origin, religion, sexual orientation, gender identity, disability, medical or genetic condition, or political affiliation;
(d) illegal business including, without limitation, any sales that the United States federal government has deemed illegal including, without limitation, notably fraudulent multi- level marketing companies;
(e) marijuana including, without limitation, products or services associated with the purchasing or selling of marijuana, or any medications containing marijuana, provided however, that this shall not include accessories or products associated with the use of marijuana, so long as there is no direct contact with marijuana or hemp products including, without limitation, hemp-derived cannabidiol (CBD) containing no more than 0.3% tetrahydrocannabinol (THC);
(f) tobacco including, without limitation, any product that cannot be advertised on TV or radio, as mandated by the FCC;
(g) political campaigns including, without limitation, any organization that is funding to support a political initiative or candidate; or
(h) any compa...
Prohibited Entities. Licensee shall not sublicense or otherwise grant any rights granted to Licensee hereunder to Prohibited Entities or allow the rights granted hereunder to transfer to a Prohibited Entity. Licensee shall not grant a Sublicense Agreement to any Prohibited Entity or allow any of the rights granted to Licensee hereunder to be issued, at any tier, to any entity (i) operating, organized or headquartered in a DOE Country of Risk, or (ii) that is sanctioned or violating sanctions imposed by, at any level, the U.S. Government, including by the Department of Treasury, Office of Foreign Assets Control ("OFAC"). Licensee shall ensure, through an annual certification to Alliance, that all Sublicensees have not undergone a change in control to become a Prohibited Entity.
Prohibited Entities. Overview
Prohibited Entities. Purchaser is not a person or entity described by Section 1 of the Executive Order (No. 13,224) Blocking Property and Prohibiting Transactions With Persons Who Commit, Threaten to Commit, or Support Terrorism, 66 Fed. Reg. 49,079 (September 24, 2001), and does not engage in any dealings or transactions, and is not otherwise associated, with any such persons or entities including the governments of Cuba, Iran, North Korea, Myanmar, Sudan, and Syria.
Prohibited Entities. Subrecipient certifies that it will not utilize on this Agreement any contractor or subcontractor that is identified on the Prohibited Entities List, including but not limited to “Entities Determined to be Non-Responsive Bidders/Offerors pursuant to the New York During the term of the Agreement, should the Subrecipient receive information that a person (as defined in State Finance Law §165-a) is in violation of the above-referenced certifications, the Subrecipient will review such information and offer the person an opportunity to respond. If the person fails to demonstrate that it has ceased its engagement in the investment activity which is in violation of the certifications within 90 days after the determination of such violation, then the Subrecipient shall take such action as may be appropriate and provided for by law, rule, or contract, including, but not limited to, imposing sanctions, seeking compliance, recovering damages, or declaring the Contractor in default. The Subrecipient reserves the right to reject any bid, request for assignment, renewal or extension for an entity that appears on the Prohibited Entities List prior to the award, assignment, renewal or extension of a contract, and to pursue a responsibility review with respect to any entity that is awarded a contract and appears on the Prohibited Entities list after contract award.
Prohibited Entities. The Research Entity shall not provide any data obtained pursuant to this Agreement to any party that is ineligible to receive data protected by FERPA or any party that is otherwise ineligible or prohibited from receiving the subject data obtained under this Agreement. This prohibition includes, but is not limited to, any entity that is prohibited from receiving data by virtue of a finding under § 34 C.F.R. § 99.31(a)(6)(iii).
