CVC » Topics » 14.5 Export Laws Compliance

This excerpt taken from the CVC 8-K filed Jun 6, 2005.
14.5  Export Laws Compliance

 

14.5.1  General.  Notwithstanding any provision of this Contract, any obligation of Contractor hereunder to provide hardware, software, Deliverable Data, other technical information or technical services, or access to Contractor’s or Subcontractors’ facilities to Customer, its employees, representatives, consultants or agents shall be subject to applicable Export Laws. The Parties shall work cooperatively and in good faith to implement this Contract in compliance with such Export Laws.

 

14.5.2  Compliance Program.  Contractor shall promptly implement the Export Laws Compliance Program described in Attachment 9 to obtain and maintain all authorizations and consents under the Export Laws necessary to permit Customer to take Delivery of all Deliverable Items and to permit Customer, the Designated Launch Agencies, the insurance brokers and underwriters, the Customer’s consultants or other third parties with a need to access information supplied by Contractor under any of the provisions of the Contract, and their respective personnel, agents and consultants, to have access to the Work, reports, testing and monitoring and information, documents and data related thereto, as specified in this Contract. To the extent that Customer, the Designated Launch Agencies, the insurance brokers and underwriters, the Customer’s consultants or other third parties with a need to access information supplied by

 

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Contractor under any of the provisions of the Contract is denied access to any Deliverable Items, Work, reports, testing and monitoring and any documentation and data related thereto, Contractor represents that all of the foregoing shall be consistent with the requirements of this Contract and the best practices of the spacecraft manufacturing industry.

 

14.5.3  RE-EXPORT.  CUSTOMER UNDERSTANDS AND WARRANTS THAT IT SHALL NOT RE-EXPORT, RE-TRANSFER OR DIVERT TO ANY THIRD PARTY ANY U.S. ORIGIN ITEM THAT IS REGULATED BY THE U.S. MUNITIONS LIST (UML) AND PROVIDED TO CUSTOMER UNDER OR IN CONNECTION WITH THIS CONTRACT, EXCEPT AS EXPRESSLY AUTHORIZED BY THE U.S. GOVERNMENT IN ACCORDANCE WITH THE EXPORT LAWS.

 

14.5  Export Laws Compliance

 

14.5.1  General.  Notwithstanding any provision of this Contract, any obligation of Contractor hereunder to provide hardware, software, Deliverable Data, other technical information or technical services, or access to Contractor’s or Subcontractors’ facilities to Customer, its employees, representatives, consultants or agents shall be subject to applicable Export Laws. The Parties shall work cooperatively and in good faith to implement this Contract in compliance with such Export Laws.

 

14.5.2  Compliance Program.  Contractor shall promptly implement the Export Laws Compliance Program described in Attachment 9 to obtain and maintain all authorizations and consents under the Export Laws necessary to permit Customer to take Delivery of all Deliverable Items and to permit Customer, the Designated Launch Agencies, the insurance brokers and underwriters, the Customer’s consultants or other third parties with a need to access information supplied by Contractor under any of the provisions of the Contract, and their respective personnel, agents and consultants, to have access to the Work, reports, testing and monitoring and information, documents and data related thereto, as specified in this Contract. To the extent that Customer, the Designated Launch Agencies, the insurance brokers and underwriters, the Customer’s consultants or other third parties with a need to access information supplied by

 

30



 

Contractor under any of the provisions of the Contract is denied access to any Deliverable Items, Work, reports, testing and monitoring and any documentation and data related thereto, Contractor represents that all of the foregoing shall be consistent with the requirements of this Contract and the best practices of the spacecraft manufacturing industry.

 

14.5.3  RE-EXPORT.  CUSTOMER UNDERSTANDS AND WARRANTS THAT IT SHALL NOT RE-EXPORT, RE-TRANSFER OR DIVERT TO ANY THIRD PARTY ANY U.S. ORIGIN ITEM THAT IS REGULATED BY THE U.S. MUNITIONS LIST (UML) AND PROVIDED TO CUSTOMER UNDER OR IN CONNECTION WITH THIS CONTRACT, EXCEPT AS EXPRESSLY AUTHORIZED BY THE U.S. GOVERNMENT IN ACCORDANCE WITH THE EXPORT LAWS.

 

14.5    Export Laws Compliance

        14.5.1    General.    Notwithstanding any provision of this Contract, any obligation of Contractor hereunder to provide hardware, software, Deliverable Data, other technical information or technical services, or access to Contractor's or Subcontractors' facilities to Customer, its employees, representatives, consultants or agents shall be subject to applicable Export Laws. The Parties shall work cooperatively and in good faith to implement this Contract in compliance with such Export Laws.

        14.5.2    Compliance Program.    Contractor shall promptly implement the Export Laws Compliance Program described in Attachment 9 to obtain and maintain all authorizations and consents under the Export Laws necessary to permit Customer to take Delivery of all Deliverable Items and to permit Customer, the Designated Launch Agencies, the insurance brokers and underwriters, the Customer's consultants or other third parties with a need to access information supplied by Contractor under any of the provisions of the Contract, and their respective personnel, agents and consultants, to have access to the Work, reports, testing and monitoring and information, documents and data related thereto, as specified in this Contract. To the extent that Customer, the Designated Launch Agencies, the insurance brokers and underwriters, the Customer's consultants or other third parties with a need to access information supplied by

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Contractor under any of the provisions of the Contract is denied access to any Deliverable Items, Work, reports, testing and monitoring and any documentation and data related thereto, Contractor represents that all of the foregoing shall be consistent with the requirements of this Contract and the best practices of the spacecraft manufacturing industry.

        14.5.3    RE-EXPORT.    CUSTOMER UNDERSTANDS AND WARRANTS THAT IT SHALL NOT RE-EXPORT, RE-TRANSFER OR DIVERT TO ANY THIRD PARTY ANY U.S. ORIGIN ITEM THAT IS REGULATED BY THE U.S. MUNITIONS LIST (UML) AND PROVIDED TO CUSTOMER UNDER OR IN CONNECTION WITH THIS CONTRACT, EXCEPT AS EXPRESSLY AUTHORIZED BY THE U.S. GOVERNMENT IN ACCORDANCE WITH THE EXPORT LAWS.

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