Export Control and Sanctions Compliance Sample Clauses
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Export Control and Sanctions Compliance a. Company acknowledges that the information, data, technology, software, products, and/or services obtained from TechInsights may be subject to the export control and economic sanctions laws and regulation of the United States, European Union, Canada, and other relevant jurisdictions (the “Export Control and Sanctions Laws”). By accessing or downloading TechInsights information, data, technology, software, products, and/or services you certify that you and your organization are eligible to receive such items under applicable Export Control and Sanctions Laws, will not use such items in breach of or contrary to Export Control and Sanctions Laws, and, further, that you and your organization are not: (i) located, resident, operating, or organized in a country or territory subject to, or whose government is subject to, comprehensive U.S. sanctions (currently including Cuba, Crimea Region of Ukraine, Iran, North Korea, Venezuela, or Syria) ("Sanctioned Territory"); (ii) identified on any list of restricted parties targeted under U.S., EU, Canadian, or multilateral sanctions, including, but not limited to, the U.S. Department of the Treasury, Office of Foreign Assets Control’s List of Specially Designated Nationals and Blocked Persons, the U.S. Department of Commerce’s Entity or Denied Persons Lists, the EU Consolidated list of persons, groups and entities subject to EU financial sanctions, or the Consolidated Canadian Autonomous Sanctions List; or (iii) owned or controlled by, or acting on behalf of, or at the direction of, any of the foregoing.
b. Company may not export, re-export, transfer, retransfer, sell, supply, or allow access to or use of the information, data, technology, software, products, and/or services obtained from TechInsights to any prohibited or unauthorized parties or in breach of Export control and Sanctions Laws, or in any way that would expose any person to the risk of any adverse measures pursuant to any Export Control and Sanctions Laws. Diversion contrary to U.S. or other laws is prohibited.
Export Control and Sanctions Compliance. Since April 24, 2019, the Company and its Subsidiaries have conducted their export transactions in accordance with Trade Laws. Since April 24, 2019, the Company and its Subsidiaries have not, in violation of the Trade Laws, engaged in any direct or indirect transactions or dealings with, or directly or indirectly exported any products, technology, or services to, (a) any country or territory that is, or has been, subject to a U.S. Government embargo (currently, Cuba, Iran, North Korea, Syria, and the Crimea, so-called Donetsk People’s Republic, and so-called Luhansk People’s Republic regions of Ukraine) (collectively, the “Embargoed Countries”); (b) any instrumentality, agent, entity, or individual that is located in, or acting on behalf of, or directly or indirectly owned or controlled by any Governmental Entity of, any Embargoed Country; (c) any individual or entity identified on, or 50% or more owned (individually or in the aggregate) or as applicable, controlled by persons identified on, any list of designated and prohibited parties maintained by the U.S. Government, the United Kingdom, or the European Union, including, but not limited to, the List of Specially Designated Nationals and Blocked Persons, the Foreign Sanctions Evaders List, or the Sectoral Sanctions Identifications List, which are maintained by OFAC, or the Entity List, Denied Persons List, or Unverified List, which are maintained by the Bureau of Industry and Security of the U.S. Commerce Department (a “Sanctioned Party”). None of the Company or its Subsidiaries is a Sanctioned Party. Neither the Company nor any of its Subsidiaries is or, since April 24, 2019, has been the subject of any allegation, voluntary disclosure, investigation, inquiry, prosecution, or other enforcement action by any Governmental Entity with respect to potential violations of Trade Laws.
Export Control and Sanctions Compliance. (a) The Company and its Subsidiary have conducted their export transactions in accordance in all material respects with United States export and re-export controls, economic sanctions, and anti-boycott laws and regulations, including the Export Administration Act and Regulations, the Foreign Assets Control Regulations, the International Traffic in Arms Regulations, other controls administered by the United States Department of Commerce or the United States Department of State, the regulations administered by the Office of Foreign Assets Control of the U.S. Treasury Department (“OFAC”), and all other applicable import/export controls and sanctions laws and regulations in other countries in which the Company conducts business (collectively, “Trade Laws”). The Company and its Subsidiary have obtained all material export and import licenses, license exceptions and other consents, notices, waivers, approvals, orders, authorizations, registrations, declarations and filings with any Governmental Authority required for (A) the export, import and re-export of products, services, software and technologies and (B) releases of technologies and software to foreign nationals located in the United States and abroad (collectively, “Export Approvals”), and the Company and its Subsidiary are in compliance with the terms of all applicable Export Approvals.
(b) The Company and its Subsidiary have not engaged in any direct or indirect transactions or dealings with, or directly or indirectly exported any products, technology, or services to, (a) any country or territory that is, or has been, subject to a U.S. Government embargo (currently, Cuba, Iran, North Korea, Syria (prior to July 1, 2025), and the Crimea, so-called Donetsk People’s Republic, and so-called Luhansk People’s Republic regions of Ukraine) (collectively, the “Embargoed Countries”); (b) any instrumentality, agent, entity, or individual that is located in, or acting on behalf of, or directly or indirectly owned or controlled by any Governmental Authority of, any Embargoed Country; (c) any individual or entity identified on, or 50% or more owned (individually or in the aggregate, directly or indirectly) or otherwise controlled by persons identified on, any list of designated and prohibited parties maintained by the U.S. Government, the United Kingdom, or the European Union, including the List of Specially Designated Nationals and Blocked Persons, the Foreign Sanctions Evaders List, or the Sectoral Sanctions Identif...
Export Control and Sanctions Compliance a. Company acknowledges that the information, data, technology, software, products, and/or services obtained from TechInsights may be subject to the export control and economic sanctions laws and regulation of the United States, European Union, Canada, and other relevant jurisdictions (the “Export Control and Sanctions Laws”). By accessing or downloading TechInsights information (only permitted as stated in Clause 2 d.i.), data, technology, software, products, and/or services you certify that you and your organization are eligible to receive such items under applicable Export Control and Sanctions Laws, will not use such items in breach of or contrary to Export Control and Sanctions Laws, and, further, that Company, including affiliates of Company, meaning entities under common control with Company, including subsidiaries and parent companies as well as shareholders and/or executive officers, directors and/or members of the senior management team are not: (i) located or organized in a country or territory subject to, or whose government is subject to, comprehensive U.S. sanctions (currently including Cuba, Crimea, Luhansk or Donetsk Regions of Ukraine, Iran, North Korea, or Syria. TechInsights does not currently conduct business in Russia and Belarus, and therefore together with the aforementioned countries these are considered as "Sanctioned Territory" under this Agreement; (ii) identified on any list of restricted parties targeted under U.S., EU, Canadian, or multilateral sanctions, including, but not limited to, the U.S. Department of the Treasury, Office of Foreign Assets Control’s List of Specially Designated Nationals and Blocked Persons, the U.S. Department of Commerce’s Entity or Denied Persons Lists, the EU Consolidated list of persons, groups, and entities subject to EU financial sanctions, or the Consolidated Canadian Autonomous Sanctions List; or (iii) owned or controlled by, or acting on behalf of, or at the direction of, any of the foregoing.
b. Company may not export, re-export, transfer, retransfer, sell, supply, or allow access to or use of the information, data, technology, software, products, and/or services obtained from TechInsights to any prohibited or unauthorized parties or in breach of Export control and Sanctions Laws, or in any way that would expose any person to the risk of any adverse measures pursuant to any Export Control and Sanctions Laws. Diversion or evasion contrary to U.S. or other laws is strictly prohibited.
c. Compan...
Export Control and Sanctions Compliance. 12.1 Both Parties will (a) comply with all applicable export control and sanctions regulations in connection with this Agreement and (b) reasonably assist and cooperate with the other Party in such other Party’s efforts to comply with all applicable export control and sanctions regulations in connection with this Agreement.
12.2 COMPANY specifically agrees [***]
12.3 Each Party hereby represents and warrants to the other Party that it is not and has never been debarred or sanctioned (including suspended or fined) by any relevant export control and sanctions authority or under any national/international law relating to export control or sanctions. Each Party will immediately inform the other Party if it subsequently becomes debarred or sanctioned during the term of this Agreement.
12.4 [***].
12.5 COMPANY will not subcontract any services in connection with the Study or engage any Study center, if any of the parties involved in the service or involved in the study at the Study center are listed on any of the applicable sanctioned or denied party lists published by the relevant enforcement agencies.
Export Control and Sanctions Compliance. 19.1 Parties shall notify each other of any changes to their Ownership during this Agreement or any other changes which may be relevant to Export Control or Sanctions Laws (as defined below).
19.2 In relation to their activities under this Agreement, the Parties shall comply with all applicable laws, statutes, regulations and regimes relating to export control and sanctions (Export Control and Sanctions Laws) and not to do anything to put Wärtsilä or any other Party in breach of any such Export Control and Sanctions Laws.
19.3 The Parties shall contractually oblige all members of their Group or any third parties they may engage in connection with the Project do so only on the basis in similar terms to clause
19.1. Each Party shall be responsible for the compliance by such persons employed or engaged by them with Export Control and Sanctions Laws.
19.4 Each Party agrees, if requested, to provide the other with reasonable assistance to enable compliance with any Export Control and Sanction Laws.
Export Control and Sanctions Compliance. 13.1 Our obligations under this Agreement are conditioned upon Your compliance with, and You agree to comply with, all applicable export and re-export controls, embargoes, and economic and trade sanctions laws and regulations, including in any event, those of the United States and the European Union (“Export Laws”). You acknowledge that Siemens may be required to restrict or block Your access to the Services under applicable Export Laws.
13.2 You represent and warrant that (i) You are not a Sanctioned Person and (ii) You are not accessing or using a Service from a country or territory that is the subject or target of extensive trade or economic sanctions. You further represent and warrant that Your App, including
Export Control and Sanctions Compliance. Seller will comply with Foreign Trade Regulations. Siemens reserves the right to stop any Transaction at its sole discretion, without any liability, if it becomes aware that the Transaction does not comply with the requirements outlined in this section.
Export Control and Sanctions Compliance. You shall comply with all applicable sanctions, embargoes and (re-)export control laws and regulations, and, in any event, with those of the European Union and the United States of America (collectively “Export Regulations”). The information, software and documentation provided by Siemens (collectively “Services”) shall not be used, accessed or transferred, unless permitted by the Export Regulations or respective governmental licenses or approvals, (i) in or to any location prohibited by or subject to comprehensive sanctions or license requirements according to the Export Regulations; (ii) by or to any entity, person, or organization identified on a restricted party list of the Export Regulations or owed or controlled by a listed party; (iii) for any purpose prohibited by the Export Regulations (e.g. use in connection with armaments, nuclear technology or weapons); or (iv) to upload any content unless it is non-controlled (e .g. in the EU: AL = N; in the U.S.: ECCN = N or EAR99). Upon request by Siemens, You shall promptly provide Siemens with all information pertaining to You, the intended use and the location of use of the Services. Siemens shall not be obligated to fulfill this Agreement if such fulfillment is prevented by any impediments arising out of national or international foreign trade or customs requirements or any embargoes or other sanctions. You acknowledge that Siemens may be obliged under the Export Regulations to limit or suspend Your access to the Services.
Export Control and Sanctions Compliance. 24.1 Supplier shall comply with all applicable sanctions, embargoes and (re-) export control laws and regulations, and, in any event, with those of the European Union, the United States of America and any locally applicable jurisdiction (collectively “Export Regulations”).
24.2 Prior to any transaction by Supplier concerning goods (including hardware, software, technology and corresponding documentation) delivered by Customer (“Goods”), or works and services (including maintenance and technical support) performed by Customer (“Services”) with a third party, Supplier shall check and certify by appropriate measures that
i. the Supplier’s use, transfer, or distribution of such Goods and Services, the brokering of contracts or the provision of other economic resources in connection with Goods or Services will not be in violation of any Export Regulations, also taking into account any prohibitions to circumvent these (e.g., by undue diversion);
ii. the Goods and Services are not intended or provided for prohibited or unauthorized non-civilian purposes (e.g., armaments, nuclear technology, weapons, or any other usage in the field of defense and military);
iii. Supplier has screened all direct and indirect parties involved in the receipt, use, transfer, or distribution of the Goods and Services against all applicable restricted party lists of the Export Regulations concerning trading with entities, persons and organizations listed therein; and
iv. Goods and Services within the scope of items-related restrictions, as specified in the respective annexes to the Export Regulations, will not, unless permitted by the Export Regulations, be (a) exported, directly or indirectly (e.g., via Eurasian Economic Union (EAEU) countries), to Russia or Belarus, or (b) resold to any third party business partner that does not take a prior commitment not to export such Goods and Services to Russia or Belarus.
24.3 Semiconductor development Supplier will not, without Customer’ prior written consent, use Goods to develop or produce integrated circuits at any advanced semiconductor fabrication facility located in the Peoples Republic of China and further restricted locations meeting the criteria specified in the U.S. Export Administration Regulations, 15 C.F.R. 744.30.
24.4 Upon request by Customer, Supplier shall promptly provide to Customer any information pertaining to the Goods that are defense-related or require controlled or special data handling pursuant to applicable government...
