Common use of Export Clause in Contracts

Export. The Customer will ensure (and shall cause its Customer Affiliates, Users and Contractors to ensure) that neither the IFS Materials, Software nor any direct product thereof are (i) exported, directly or indirectly, in violation of such laws and regulations; or (ii) are intended to be used for any purposes prohibited by such laws and regulations, including, but not limited to, nuclear, chemical, or biological weapons proliferation. Customer and IFS shall in connection with the Agreement comply with, if applicable, the US Arms Export Control Act, the US International Traffic in Arms Regulations (“ITAR”), the US Export Administration Act, and the US Export Administration Regulations (“EAR”)). If any of the hardware, technical data, software and/or technical assistance (collectively, “Controlled Materials”) to be provided to IFS by Customer, or which may be viewed by IFS personnel, are controlled under the ITAR or EAR, Customer shall obtain IFS’ prior written approval before providing any Controlled Materials to IFS or before IFS personnel view Controlled Materials. If Controlled Materials must be exchanged or viewed, the Parties shall consult with each other to ensure the Parties’ compliance with export control laws. In no event will IFS accept or receive any ITAR Controlled Materials in electronic or physical form on its sites or infrastructure, including email. Solely for the purposes of fulfilling its contractual obligations to Customer, IFS Affiliates (or subcontractors) located in and/or outside of the country or countries in which Customer operates may access or view customer data for which Customer is responsible and such data may be accessed or viewed by foreign nationals.

Export. The Customer will ensure (and shall cause its Customer Affiliates, Users and Contractors to ensure) that neither the IFS Materials, Software nor any direct product thereof are (i) exported, directly or indirectly, in violation of such laws and regulations; or (ii) are intended to be used for any purposes prohibited by such laws and regulations, including, but not limited to, nuclear, chemical, or biological weapons proliferation. Customer and IFS shall in connection with the Agreement comply with, if applicable, the US Arms Export Control Act, the US International Traffic in Arms Regulations (“ITAR”), the US Export Administration Act, and the US Export Administration Regulations (“EAR”)). If any of the hardware, technical data, software and/or technical assistance (collectively, “Controlled Materials”) to be provided to IFS by Customer, or which may be viewed by IFS personnel, are controlled under the ITAR or EAR, Customer shall obtain IFS’ prior written approval before providing any Controlled Materials to IFS or before IFS personnel view Controlled Materials. If Controlled Materials must be exchanged or viewed, the Parties shall consult with each other to ensure the Parties’ compliance with export control laws. In no event will IFS accept or receive any ITAR Controlled Materials in electronic or physical form on its sites or infrastructure, including email. Solely for the purposes of fulfilling its contractual obligations to Customer, IFS Affiliates (or subcontractors) located in and/or outside of the country or countries in which Customer operates may access or view customer data for which Customer is responsible and such data may be accessed or viewed by foreign nationals.

Export. The Customer will ensure warrants (and shall cause its Customer Affiliates, Users and Contractors to ensure) that neither the IFS Materials, Software nor any direct product thereof are (i) exported, directly or indirectly, in violation of such laws and regulations; or (ii) are intended to be used for any purposes prohibited by such laws and regulations, including, but not limited to, nuclear, chemical, or biological weapons proliferation. Customer and IFS shall in connection with the Agreement comply with, if applicable, the US Arms Export Control Act, the US International Traffic in Arms Regulations (“ITAR”), the US Export Administration Act, and the US Export Administration Regulations (“EAR”)). If any of the hardware, technical data, software and/or technical assistance (collectively, “Controlled Materials”) to be provided to IFS by Customer, or which may be viewed by IFS personnel, are controlled under the ITAR or EAR, Customer shall obtain IFS’ prior written approval before providing any Controlled Materials to IFS or before IFS personnel view Controlled Materials. If Controlled Materials must be exchanged or viewed, the Parties shall consult with each other to ensure the Parties’ compliance with export control laws. In no event will IFS accept or receive any ITAR Controlled Materials in electronic or physical form on its sites or infrastructure, including email. Solely for the purposes of fulfilling its contractual obligations to Customer, IFS Affiliates (or subcontractors) located in and/or outside of the country or countries in which Customer operates may access or view customer data for which Customer is responsible and such data may be accessed or viewed by foreign nationals.