Common use of EXPORT ASSURANCES Clause in Contracts

EXPORT ASSURANCES. The Company and each of ASIA GLOBAL CROSSING and EXODUS and each of their respective Affiliates acknowledges and agrees that, all Technical Data may be subject to export controls imposed by the United States Export Administration Act of 1979, as amended (the "EXPORT ADMINISTRATION ACT") or any future United States export control legislation and the regulations promulgated thereunder. The Company and each of ASIA GLOBAL CROSSING and EXODUS and their respective Affiliates agrees not to export or re-export, directly or indirectly, any Technical Data without complying with the Export Administration Act. The Company and each of ASIA GLOBAL CROSSING and EXODUS certify that neither the Technical Data nor its direct product: (a) are intended to be used for any purpose prohibited by the Export Administration Act or regulations including, without limitation, nuclear related activities or chemical/biological weapons or missiles; and (b) are intended to be released, shipped or re-exported, either directly or indirectly, to a national of a country in Country Groups D:1 (Albania, Armenia, Azerbaijan, Belarus, Bulgaria, Cambodia, China (PRC), Esto▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇, ▇▇▇▇▇▇, ▇▇thuania, Moldova, Mongolia, Romania, Russia, Tajikstan, Turkmenistan, Ukraine, Uzbekistan and Vietnam) or E:2 (Cuba, North Korea, Libya) or Angola, Iraq, Iran, Sudan or Syria, or to any other destination to which the United States has prohibited shipment. This Section 6.11 shall survive any termination or

EXPORT ASSURANCES. The Company and each of ASIA GLOBAL CROSSING and ----------------- EXODUS and each of their respective Affiliates acknowledges and agrees that, all Technical Data may be subject to export controls imposed by the United States Export Administration Act of 1979, as amended (the "EXPORT ADMINISTRATION ACTExport Administration Act") or any future United States export control legislation and the regulations promulgated thereunder. The Company and each of ASIA GLOBAL CROSSING and EXODUS and their respective Affiliates agrees not to export or re-export, directly or indirectly, any Technical Data without complying with the Export Administration Act. The Company and each of ASIA GLOBAL CROSSING and EXODUS certify that neither the Technical Data nor its direct product: (a) are intended to be used for any purpose prohibited by the Export Administration Act or regulations including, without limitation, nuclear related activities or chemical/biological weapons or missiles; and (b) are intended to be released, shipped or re-re- exported, either directly or indirectly, to a national of a country in Country Groups D:1 (Albania, Armenia, Azerbaijan, Belarus, Bulgaria, Cambodia, China (PRC), Esto▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇, ▇▇▇▇▇▇, ▇▇thuaniaLithuania, Moldova, Mongolia, Romania, Russia, Tajikstan, Turkmenistan, Ukraine, Uzbekistan and Vietnam) or E:2 (Cuba, North Korea, Libya) or Angola, Iraq, Iran, Sudan or Syria, or to any other destination to which the United States has prohibited shipment. This Section 6.11 shall survive any termination oror expiration of this Joint Venture Agreement and the Related Agreements. Each Shareholder acknowledges and agrees that this Section 6.11 is required by the Export Administration Act and is not intended to, nor does it, modify more restrictive provisions in this Joint Venture Agreement or the Related Agreements regarding the use by any Shareholder or the Company of Technical Data.