Common use of Required Statements Clause in Contracts

Required Statements. The following statements must be included in all warehousing and distribution agree- ments: (1) ‘‘This agreement shall not enter into force, and may not be amended or extended, without the prior written ap- proval of the Department of State of U.S. Government.’’ (2) ‘‘This agreement is subject to all United States laws and regulations re- lated to exports and to all administra- tive acts of the United States Govern- ment pursuant to such laws and regula- tions. (3) ‘‘The parties to this agreement agree that the obligations contained in this agreement shall not affect the per- formance of any obligations created by prior contracts or subcontracts which the parties may have individually or collectively with the U.S. Govern- ment.’’ (4) ‘‘No liability will be incurred by or attributed to the U.S. Government in connection with any possible in- fringement of privately owned patent or proprietary rights, either domestic or foreign by reason of the U.S. Gov- ernment’s approval of this agreement.’’ (5) ‘‘No export, sale, transfer, or other disposition of the defense articles covered by this agreement is author- ized to any country outside the dis- tribution territory without the prior written approval of the Directorate of Defense Trade Controls of the U.S. De- partment of State.’’ (6) ‘‘The parties to this agreement agree that an annual report of sales or other transfers pursuant to this agree- ment of the licensed articles, by quan- tity, type, U.S. dollar value, and pur- chaser or recipient shall be provided by (applicant or licensee) to the Depart- ment of State.’’ This clause must speci- fy which party is obligated to provide the annual report. Such reports may be submitted either directly by the li- censee or indirectly through the licen- sor, and may cover calendar or fiscal years. Reports shall be deemed propri- etary information by the Department of State and will not be disclosed to unauthorized persons. (See § 126.10(b) of this subchapter.) (7) (Licensee) agrees to incorporate the following statement as an integral provision of a contract, invoice or other appropriate document whenever the articles covered by this agreement are sold or otherwise transferred: These commodities are authorized for ex- port by the U.S. Government only to (coun- try of ultimate destination or approved sales territory). They may not be resold, diverted, transferred, transshipped, or otherwise be disposed of in any other country, either in their original form or after being incor- porated through an intermediate process into other end-items, without the prior writ- ten approval of the U.S. Department of State. (8) ‘‘All provisions in this agreement which refer to the United States Gov- ernment and the Department of State will remain binding on the parties after the termination of the agreement.’’

Required Statements. The following statements must be included in all warehousing and distribution agree- ments: (1) ‘‘This agreement shall not enter into force, and may not be amended or extended, without the prior written ap- proval of the Department of State of U.S. Government.’’ (2) ‘‘This agreement is subject to all United States laws and regulations re- lated to exports and to all administra- tive acts of the United States Govern- ment pursuant to such laws and regula- tions. (3) ‘‘The parties to this agreement agree that the obligations contained in this agreement shall not affect the per- formance of any obligations created by prior contracts or subcontracts which the parties may have individually or collectively with the U.S. Govern- ment.’’ (4) ‘‘No liability will be incurred by or attributed to the U.S. Government in connection with any possible in- fringement of privately owned patent or proprietary rights, either domestic or foreign by reason of the U.S. Gov- ernment’s approval of this agreement.’’ (5) ‘‘No export, sale, transfer, or other disposition of the defense articles covered by this agreement is author- ized to any country outside the dis- tribution territory without the prior written approval of the Directorate of Defense Trade Controls of the U.S. De- partment of State.’’ (6) ‘‘The parties to this agreement agree that an annual report of sales or other transfers pursuant to this agree- ment of the licensed articles, by quan- tity, type, U.S. dollar value, and pur- chaser or recipient shall be provided by (applicant or licensee) to the Depart- ment of State.’’ This clause must speci- fy which party is obligated to provide the annual report. Such reports may be submitted either directly by the li- censee or indirectly through the licen- sor, and may cover calendar or fiscal years. Reports shall be deemed propri- etary information by the Department of State and will not be disclosed to unauthorized persons. (See § 126.10(b) of this subchapter.) (7) (Licensee) agrees to incorporate the following statement as an integral provision of a contract, invoice or other appropriate document whenever the articles covered by this agreement are sold or otherwise transferred: These commodities are authorized for ex- port by the U.S. Government only to (coun- try of ultimate destination or approved sales territory). They may not be resold, diverted, transferred, transshipped, or otherwise be disposed of in any other country, either in their original form or after being incor- porated through an intermediate process into other end-items, without the prior writ- ten approval of the U.S. Department of State. (8) ‘‘All provisions in this agreement which refer to the United States Gov- ernment and the Department of State will remain binding on the parties after the termination of the agreement.’’be

Required Statements. The following statements must be included in all warehousing and distribution agree- ments: (1) ‘‘This agreement shall not enter into force, and may not be amended or extended, without the prior written ap- proval of the Department of State of U.S. Government.’’ (2) ‘‘This agreement is subject to all United States laws and regulations re- lated to exports and to all administra- tive acts of the United States Govern- ment pursuant to such laws and regula- tions. (3) ‘‘The parties to this agreement agree that the obligations contained in this agreement shall not affect the per- formance of any obligations created by prior contracts or subcontracts which the parties may have individually or collectively with the U.S. Govern- ment.’’ (4) ‘‘No liability will be incurred by or attributed to the U.S. Government in connection with any possible in- fringement of privately owned patent or proprietary rights, either domestic or foreign by reason of the U.S. Gov- ernment’s approval of this agreement.’’ (5) ‘‘No export, sale, transfer, or other disposition of the defense articles covered by this agreement is author- ized to any country outside the dis- tribution territory without the prior written approval of the Directorate of Defense Trade Controls of the U.S. De- partment of State.’’ (6) ‘‘The parties to this agreement agree that an annual report of sales or other transfers pursuant to this agree- ment of the licensed articles, by quan- tity, type, U.S. dollar value, and pur- chaser or recipient shall be provided by (applicant or licensee) to the Depart- ment of State.’’ This clause must speci- fy which party is obligated to provide the annual report. Such reports may be submitted either directly by the li- censee or indirectly through the licen- sor, and may cover calendar or fiscal years. Reports shall be deemed propri- etary information by the Department of State and will not be disclosed to unauthorized persons. (See § 126.10(b) of this subchapter.) (7) (Licensee) agrees to incorporate the following statement as an integral provision of a contract, invoice or other appropriate document whenever the articles covered by this agreement are sold or otherwise transferred: These commodities are authorized for ex- port by the U.S. Government only to (coun- try of ultimate destination or approved sales territory). They may not be resold, diverted, transferred, transshipped, or otherwise be disposed of in any other country, either in their original form or after being incor- porated through an intermediate process into other end-items, without the prior writ- ten approval of the U.S. Department of State. (8) ‘‘All provisions in this agreement which refer to the United States Gov- ernment and the Department of State will remain binding on the parties after the termination of the agreement.’’by