Common use of Prohibition Against Providing Certain Telecommunications and Video Surveillance Services or Equipment Clause in Contracts

Prohibition Against Providing Certain Telecommunications and Video Surveillance Services or Equipment. As used in this clause, “Covered Article” means any Product or Service that (i) is produced by a Covered Entity; (ii) includes any product or service produced in whole or in part by a Covered Entity; (iii) or contains components using any product produced in whole or in part by a Covered Entity. “Covered Entity” means Huawei Technologies Company, ZTE Corporation, Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities); or any entity designated in accordance with Section 889(f)(3)(D) of the National Defense Authorization Act of 2019; and any successor entity to any or all of these entities. Seller shall not deliver any Covered Article to Buyer under this AGREEMENT. In the event, notwithstanding the above prohibition, that the Seller subsequently determines that a Covered Article was provided to the Buyer during performance of this Order, or the Seller is notified of such by a supplier at any tier or any other source of the same, the Seller shall immediately notify the Buyer, in writing, and include the following information: supplier name; brand; model number (Original Equipment Manufacturer (OEM) number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended. Within 10 business days of submitting such notification, Seller shall provide any further available information about mitigation actions undertaken or recommended, including the efforts it undertook to prevent use or submission of a Covered Article, any reasons that led to the use or submission of the Covered Article, and any additional efforts that will be incorporated to prevent future use or submission of the Covered Article(s). Breach of any of the foregoing provisions of this Article 32k by Seller shall be considered an irreparable material breach of this AGREEMENT and shall entitle Buyer to terminate this AGREEMENT immediately without compensation to Seller. Seller shall insert the substance of this Article 32k, in any lower tier subcontracts.

Prohibition Against Providing Certain Telecommunications and Video Surveillance Services or Equipment. As used in this clause, “Covered Article” means any Product or Service that (i) is produced by a Covered Entity; (ii) includes any product or service produced in whole or in part by a Covered Entity; (iii) or contains components using any product produced in whole or in part by a Covered Entity. “Covered Entity” means Huawei Technologies Company, ZTE Corporation, Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities); or any entity designated in accordance with Section 889(f)(3)(D) of the National Defense Authorization Act of 2019; and any successor entity to any or all of these entities. Seller shall not deliver any Covered Article to Buyer under this AGREEMENT. In the event, notwithstanding the above prohibition, that the Seller subsequently determines that a Covered Article was provided to the Buyer during performance of this Order, or the Seller is notified of such by a supplier at any tier or any other source of the same, the Seller shall immediately notify the Buyer, in writing, and include the following informationinformatio n: supplier name; brand; model number (Original Equipment Manufacturer (OEM) number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended. Within 10 business days of submitting such notification, Seller shall provide any further available information about mitigation actions undertaken or recommended, including the efforts it undertook to prevent use or submission of a Covered Article, any reasons that led to the use or submission of the Covered Article, and any additional efforts that will be incorporated to prevent future use or submission of the Covered Article(s). Breach of any of the foregoing provisions of this Article 32k by Seller shall be considered an irreparable material breach of this AGREEMENT and shall entitle Buyer to terminate this AGREEMENT immediately without compensation to Seller. Seller shall insert the substance of this Article 32k, in any lower tier subcontracts.

Prohibition Against Providing Certain Telecommunications and Video Surveillance Services or Equipment. As used in this clause, “Covered Article” means any Product or Service that (i) is produced by a Covered Entity; (ii) includes any product or service produced in whole or in part by a Covered Entity; (iii) or contains components using any product produced in whole or in part by a Covered Entity. “Covered Entity” means Huawei Technologies Company, ZTE Corporation, Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities); or any entity designated in accordance with Section 889(f)(3)(D) of the National Defense Authorization Act of 2019; and any successor entity to any or all of these entities. Seller shall not deliver any Covered Article to Buyer under this AGREEMENT. In the event, notwithstanding the above prohibition, that the Seller subsequently determines that a Covered Article was provided to the Buyer during performance of this Order, or the Seller is notified of such by a supplier at any tier or any other source of the same, the Seller shall immediately notify the Buyer, in writing, and include the following information: supplier name; brand; model number (Original Equipment Manufacturer (OEM) number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended. Within 10 business days of submitting such notification, Seller shall provide any further available information about mitigation actions undertaken or recommended, including the efforts it undertook to prevent use or submission of a Covered Article, any reasons that led to the use or submission of the Covered Article, and any additional efforts that will be incorporated to prevent future use or submission of the Covered Article(s). Breach of any of the foregoing provisions of this Article 32k by Seller shall be considered an irreparable material breach of this AGREEMENT and shall entitle Buyer to terminate this AGREEMENT immediately without compensation to Seller. Seller shall insert the substance of this Article 32k, in any lower tier subcontractstiersubcontracts.