Trade Law Compliance. 25.1.1 Each Party agrees to comply with the Export Authorizations, including incorporating into any resale contract for LNG sold under this Agreement the necessary conditions to ensure compliance with the Export Authorizations. Buyer shall promptly provide to Seller all information in order for Seller, its direct or indirect LNG supplier or any other Person acting as agent on behalf of Seller or such LNG supplier under an Export Authorization, to comply with the Export Authorizations, including information that identifies for each LNG cargo delivered under this Agreement the country (or countries) into which the LNG or Gas was actually delivered. Buyer commits to include in any resale contract for LNG sold under this Agreement the necessary conditions to ensure Seller is made aware of all such countries into which the LNG or Gas was actually delivered. If any Export Authorization requires conditions to be included in this Agreement beyond those that are already included herein, then, within fifteen (15) days following the issuance of the Export Authorization imposing such condition, the Parties shall discuss the appropriate changes to be made to this Agreement to comply with such Export Authorization and shall amend this Agreement accordingly to comply with such Export Authorization. Buyer acknowledges and agrees that it will resell or transfer LNG purchased hereunder for delivery only to the countries identified in an applicable Export Authorization and/or to purchasers that have agreed in writing to limit their direct or indirect resale or transfer of such LNG to such countries. Buyer represents and warrants that the final delivery of LNG received pursuant to the terms of this Agreement are permitted and lawful under United States of America laws and policies, including Export Control and Sanctions Laws and the rules, regulations, orders, policies, and other determinations of the United States Department of Energy, the Office of Foreign Assets Control of the United States Department of the Treasury and the Federal Energy Regulatory Commission, and Buyer shall not take any action which would cause Seller or Driftwood to be in violation of United States of America laws and policies or any Export Authorization to be withdrawn, revoked, suspended or not renewed.
25.1.2 Without limiting the foregoing, the following provisions are included in this Agreement in accordance with the requirements of the Export Authorizations, and Buyer shall include, and require a...
Trade Law Compliance. (a) Company is in compliance with all applicable Customs & International Trade Laws, and at no time in the past five (5) years has the Company committed any material violation of the applicable Customs & International Trade Laws, and there are no material unresolved disputes or Proceedings concerning any liability of the Company with respect to any such Customs & International Trade Laws.
(b) The Company has not received written notice that it is currently subject to any civil or criminal investigation, litigation, audit, compliance assessment, Customs-focused assessment, penalty proceeding or assessment, liquidated damages proceeding or claim, forfeiture or forfeiture action, record-keeping inquiry, assessment of additional duty for failure to properly xxxx imported merchandise, notice to properly xxxx merchandise or return merchandise to Customs custody, claim for additional Customs duties or fees, denial order, suspension of export privileges, U.S. Government sanction, or any other action, proceeding or claim by a government agency (domestic or foreign) involving or otherwise relating to any alleged or actual violation of the Customs & International Trade Laws or relating to any alleged or actual non-payment of Customs duties, fees, taxes or other amounts owed pursuant to the applicable Customs & International Trade Laws, and in the past five (5) years, all Customs duties and fees, all other import duties and fees owed for merchandise imported by it or imported on its behalf into the United States have been paid by or on behalf of the Company.
(c) To the Company’s Knowledge, the Company has not made or provided any material false statement or omission to any government agency (domestic or foreign) or to any purchaser of products, in connection with the exportation of commodities, software, or technical data (“items”) or the importation of merchandise, the valuation or classification of imported merchandise or exported items, the duty treatment of imported merchandise, the eligibility of imported merchandise for favorable duty rates or other special treatment, country-of-origin marking, NAFTA Certificates, marking and labeling requirements for textiles and apparel, other statements or certificates concerning origin, quota or visa rights, export licenses or other export authorizations, Electronic Export Information (formerly referred to as Shippers Export Declaration Forms), U.S.-content requirements, licenses or other approvals required by any government...
Trade Law Compliance. Each Party agrees to comply with the Export Authorizations, including incorporating into any resale contract for LNG sold under this Agreement the necessary conditions to ensure compliance with the Export Authorizations. The Transporter shall promptly provide to Project Co all information required by Project Co or Project Co’s Affiliate to comply with the Export Authorizations. If any Export Authorization requires conditions to be included in this Agreement then, within fifteen (15) days following the issuance of the Export Authorization imposing such condition, the Parties shall discuss the appropriate changes to be made to this Agreement to comply with such Export Authorization and shall amend this Agreement accordingly. The Transporter acknowledges and agrees that it may resell or transfer LNG purchased hereunder for delivery only to the countries identified in an Export Authorization and/or to purchasers that have agreed in writing to limit their direct or indirect resale or transfer of such LNG to such countries. The Transporter represents and warrants that the final delivery of LNG received pursuant to the terms of this Agreement are permitted and lawful under United States of America laws and policies, including the rules, regulations, orders, policies, and other determinations of the United States Department of Energy, the Office of Foreign Assets Control of the United States Department of the Treasury and the Federal Energy Regulatory Commission, and the Transporter shall not take any action which would cause any Export Authorization to be withdrawn, revoked, suspended or not renewed.
Trade Law Compliance. 29.2.1 Project Co shall notify the Transporter in writing of the terms of any Export Authorization applicable to the export of LNG sold and delivered pursuant to the DES SPA within five (5) Business Days of:
(A) the date of this Agreement;
(B) any amendment, derogation, or supplement to any Export Authorization applicable to the export of LNG sold and delivered pursuant to the DES SPA; and
(C) the grant to Project Co or any Person acting as agent on behalf of Project Co of any new Export Authorization applicable to the export of LNG sold and delivered pursuant to the DES SPA.
29.2.2 The Transporter shall not take any action (nor shall it omit to take any action) in connection with this Agreement that would cause Project Co to violate or be in violation of any Export Authorization.
29.2.3 If any Export Authorization requires conditions to be included in this Agreement then, within fifteen (15) Days following the issuance of the Export Authorization imposing such condition, the Parties shall discuss the appropriate changes to be made to this Agreement to comply with such Export Authorization and shall amend this Agreement accordingly.
Trade Law Compliance. Vendor will comply with all applicable trade, import and export control laws of Australia and any other applicable government authority (Export Laws). Vendor represents that it is not on the United States (U.S.) Treasury Department list of Specially Designated Nationals, the U.S. Department of Commerce Denied Persons List or Entity List, or other export control lists of the U.S. or other country. Vendor will not source Goods or products, in whole or in part:
33.1 from any country subject to United States embargo or similar export restrictions (including, without limitation, Cuba, Iran, Syria, Sudan and North Korea or national or resident thereof); or
33.2 from anyone on the U.S. Treasury Department list of Specially Designated Nationals, the U.S. Department of Commerce Denied Persons List or Entity List, or other export control lists; or
33.3 for any purpose prohibited by Export Laws.
Trade Law Compliance. Supplier will comply with all applicable trade, import and export control laws of the United States and any other applicable governmental authority (“Export Laws”). Supplier represents that it is not on the U.S. Treasury Department’s list of Specially Designated Nationals, the U.S. Department of Commerce’s Denied Persons List or Entity List, or other export control lists of the U.S. or other country. Supplier will not source any item or component thereof: (a) from any country subject to United States embargo or similar export restrictions (including, without limitation, Iran, Syria, Sudan and North Korea or national or resident thereof); or (b) from anyone on the U.S. Treasury Department’s list of Specially Designated Nationals, the U.S. Department of Commerce’s Denied Persons List or Entity List, or other export control lists; or (c) for any purpose prohibited by Export Laws.
Trade Law Compliance. 27.1.1. Each Party agrees to comply with the laws, policies and Approvals of the government of Canada applicable to the Party pertaining to any LNG delivered hereunder that is exported from Canada. Buyer shall promptly provide to Seller all information reasonably required by Seller to comply with such laws, policies and Approvals.
27.1.2. Each Party agrees to comply with the laws, policies and Approvals of the government of the United States of America applicable to the Party pertaining to any LNG delivered hereunder that is imported into the United States of America. Seller shall promptly provide to Buyer all information reasonably required by Buyer to comply with such laws, policies and Approvals.
Trade Law Compliance. In the past five (5) years, each Seller Party has operated the Business in accordance with all applicable Trade Laws. Without limiting the foregoing:
(a) during the past five (5) years, each Seller Party has, as may be relevant with respect to the Business, obtained and is in compliance with, all required export licenses, license exceptions and other export authorizations (“Export Approvals”), if any;
(b) there are no pending or threatened claims pertaining to the Business with respect to such Export Approvals or Trade Laws,
(c) to the knowledge of the Seller, there are no actions, conditions or circumstances pertaining to the Business that may give rise to any future claims under any Trade Laws;
(d) no Export Approvals are required with respect to the transactions contemplated hereby;
(e) none of any Seller Party or any directors or officers of any Seller Party, or to the knowledge of the Seller, any employees or agents of any Seller Party is a Restricted Party;
(f) during the past five (5) years, none of any Seller Party or, to the knowledge of Seller, any Seller Party’s Representatives or any other party has, with respect to the Business, made any voluntary disclosures to, or has been subject to any fines, penalties or sanctions from, any Governmental Authority regarding any violations of Trade Laws; and
(g) Schedule 3.20(g) of the Disclosure Schedule sets forth the Export Control Classification Number(s) of the Purchased Assets, and the basis for such classification.
Trade Law Compliance. 29.2.1 Project Co shall notify the Transporter in writing of the terms of any Export Authorization applicable to the export of LNG sold and delivered pursuant to the DES SPA within five (5) Business Days of: (A) the date of this Agreement;
Trade Law Compliance. Each Party agrees to comply with laws, policies, and Approvals of the government of the United States of America pertaining to any LNG delivered hereunder that is exported from the United States of America, including incorporating into any resale contract for LNG sold under an Agreement the necessary conditions to ensure compliance with such laws, policies and Approvals. Buyer shall promptly provide to Seller all information required by Seller to comply with such laws, policies and Approvals. If an Approval requires conditions to be included in an Agreement then, within fifteen (15) days following the issuance of such Approval, the Parties shall discuss the appropriate changes to be made to an Agreement to comply with all applicable Approvals and shall amend the Agreement to so comply. In respect of LNG delivered hereunder that is exported from the United States of America, Buyer acknowledges and agrees that it may not re-export, resell or transfer such LNG for delivery to any country to which delivery of such LNG is not authorised by United States of America laws and policies, or to any purchaser that has not agreed in writing to limit their direct or indirect re-export, resale or transfer of such LNG to such authorised destinations, and Buyer represents and warrants that the final delivery of such LNG is permitted and lawful under United States of America laws and policies, including the rules, regulations, orders, policies, and other determinations of the United States Department of Energy, the Office of Foreign Assets Control of the United States Department of the Treasury and the Federal Energy Regulatory Commission, and Buyer shall not take any action which would cause any Approval related to the export of LNG from the United States of America to be withdrawn, revoked, suspended or not renewed.
