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Export Control Clause for Sales
Contracts |
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Article X – Compliance with Export
Control Regulations
X.1
If Recipient transfers goods (hardware and/ or software and/ or
technology as well as corresponding documentation, regardless of the mode of
provision) delivered by Siemens or works and services (including all kinds of
technical support) performed by Siemens to a third party Recipient shall
comply with all applicable national and international (re-) export control
regulations. In any event of such transfer of goods, works and services
Recipient shall comply with the (re-) export control regulations of the Federal
Republic of Germany, of the European Union and of the
X.2
Prior to any transfer of goods, works and services provided by Siemens
to a third party Recipient shall in particular check and guarantee by
appropriate measures that
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There will be no infringement of an embargo imposed by the European
Union, by the United States of America and/ or by the United Nations by such
transfer, by brokering of contracts concerning those goods, works and
services or by provision of other economic resources in connection with those
goods, works and services, also considering the limitations of domestic
business and prohibitions of by-passing those embargos;
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Such goods, works and services are not intended for use in connection with
armaments, nuclear technology or weapons, if and to the extent such use is
subject to prohibition or authorization, unless required authorization is
provided;
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The regulations of all applicable Sanctioned Party Lists of the
European Union and the
X.3
If required to enable authorities or Siemens to conduct export control
checks, Recipient, upon request by Siemens, shall promptly provide Siemens
with all information pertaining to the particular end customer, the
particular destination and the particular intended use of goods, works and
services provided by Siemens, as well as any export control restrictions
existing.
X.4
Recipient shall indemnify and hold harmless Siemens from and against
any claim, proceeding, action, fine, loss, cost and damages arising out of or
relating to any noncompliance with export control regulations by Recipient,
and Recipient shall compensate Siemens for all losses and expenses resulting
thereof.
Reservation Clause (all contracts) |