Compliance with Export Control Regulations

  1. Customer represents and warrants that neither Customer, nor any entity or individual affiliated with Customer, is now, or will become in the future, listed on any of the following:
    1. The Denied Persons List, published by the Department of Commerce Bureau of Industry and Security;
    2. The Unverified List, published by the Department of Commerce Bureau of Industry and Security;
    3. The Entities List, found at 15 CFR Part 744, Supplement No. 4; or
    4. The Specially Designated Nationals List, published by the U.S. Department of the Treasury Office of Foreign Assets Control.
  2. In the event Customer exports, or transfers in any way, goods purchased from EPC (including hardware and/ or software and/ or technology as well as corresponding documentation), Customer shall comply with all applicable U.S. and non-U.S. (re-) export control laws and regulations. In any event of such transfer, Customer shall comply with the Export Administration Regulations promulgated by the U.S. Department of Commerce Bureau of Industry and Security and all other U.S. export control laws and regulations.
  3. Prior to any transfer or shipment of goods provided by EPC, Customer shall in particular check and guarantee by appropriate measures that:
    1. There will be no infringement of an embargo imposed by the U.S. by such transfer;
    2. Such goods 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; and
    3. Such transfer will not be made to any entity or individual listed on the U.S. export control lists named above.
  4. Customer shall indemnify and hold harmless EPC 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 Customer, and Customer shall compensate EPC for all losses and expenses resulting thereof.