Common use of Export Authorizations Clause in Contracts

Export Authorizations. The full performance by Sikorsky under this Agreement is subject to the receipt of all applicable United States Government export licenses, approvals, and authorizations (collectively, “Export Authorizations”). Sikorsky agrees to provide assistance to Customer to obtain any required Export Authorization; however, the responsibility and cost for obtaining any Export Authorization is the responsibility of the Customer. Customer acknowledges and understands that the length of time from application for and receipt of the necessary Export Authorizations is uncertain. Accordingly, Customer shall use its best efforts to obtain any required Export Authorizations in a manner to support the timely delivery of the Custom Helicopter. To the extent an Export Authorization is required and Customer requests Sikorsky’s assistance in accordance with the provisions hereof, Customer hereby agrees to provide the following to Sikorsky in writing at least nine (9) months prior to the applicable Scheduled Presentation Date Helicopter for the purpose of obtaining the Export Authorizations: (i) the intended destination for the Custom Helicopter; (ii) the identification and nationality of the party who will take title to and be the registered owner of the Helicopter at delivery to the extent such party is an entity different from Customer; (iii) the identification and nationality of the financing source for the Helicopter, if such financing source is to hold title to or register as the owner of the Helicopter; provided that such financing source must be a “broker” within the meaning of the ITAR (22 CFR Part 129); [ ] = Certain confidential information contained in this document, marked by brackets, has been omitted and filed separately with the Securities and Exchange Commission pursuant to Rule 406 of the Securities Act of 1933, as amended. (iv) the identification and nationality of pilots, maintainers and other third parties including the name of their employer, if any, who are to be trained on the Helicopter; (v) confirmation of the finalization of the configuration items and all other optional equipment to be installed or provided for in or on the Custom Helicopter; and (vi) for items (i) through (iv) above, the following additional information: a. the applicable legal name of the entity; b. address of such entity; c. country of incorporation for such entity; d. name of point of contact; and e. telephone number of point of contact. In addition, Customer agrees to promptly provide any additional information and complete any documentation required by the United States Government to enable the delivery of the Helicopter. Failure to provide Sikorsky with any of the foregoing information when required, any subsequent change to the foregoing, or any other cause that may delay the receipt of a required United States export license may result in a delay of the delivery of the Helicopter. Any delivery delay caused thereby shall be deemed an Excusable Delay under this Agreement. Customer represents that it will use the Custom Helicopter in providing helicopter transportation services to the Oil and Gas industry and in providing helicopter search and rescue emergency response services. Customer acknowledges that it will not re-export, retransfer or direct the Custom Helicopter to destinations, end-uses or end-users in violation of U.S. laws.