1.

Customer 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, Switzerland and any locally applicable jurisdiction (collectively “Export Laws & Regulations”). 

2.

Prior to any transaction by Customer concerning goods (including hardware, software, technology and related documentation) delivered by EAO AG or its affiliates (hereinafter “Goods”), Customer shall take appropriate measures to check and certify

a) that the Customer’s use, transfer, or distribution of such Goods, will not be in violation of any Export Laws & Regulations, also taking into account any prohibitions to circumvent these;  

b) that the Goods are not intended or provided for prohibited or unauthorized non-civilian purposes; 

c) that Customer has screened all direct and indirect parties involved in the receipt, use, transfer, or distribution of the Goods against all applicable Export Laws & Regulations regarding restricted persons, entities and organizations mentioned therein; and 

d) that Goods within the scope of items-related restrictions, as specified in the respective annexes to the Export Laws & Regulations, will not, be exported, directly or indirectly, to Russia or Belarus, or be resold to any third party who exports or has the intention to export the Goods to Russia or Belarus. Subject to permitted exports according to applicable Export Laws & Regulations

3.

Customer will indemnify and hold harmless EAO, its affiliates, subcontractors, and their representatives, against any claims, damages, fines and costs (including attorney’s fees and expenses) relating in any way to Customer’s non-compliance with these Export and Sanctions Compliance Document.

4.

No Re-Export to Russia and Belarus 

4.1.

For Customers with its registered seat within a country outside the European Union with the exception of partner countries listed in Annex VIII to the Regulation (EU) No 833/2014 this Section 4 shall apply instead of Section 4.d).

4.2.

Customer shall not sell, export or re-export, directly or indirectly, to the Russian Federation or Belarus or for use in the Russian Federation or Belarus any Goods supplied by EAO in connection with this Agreement (“Re-Export prohibition”).

4.3.

Customer shall undertake its best efforts to ensure that the purpose of Section 4.2 is not undermined by any third parties alongside the commercial chain (“Downstream provision”). 

4.4.

Customer shall set up and maintain an adequate monitoring mechanism to detect conduct by any third parties alongside the commercial chain, that would undermine the purpose of paragraph 4.2 

4.5.

Any violation of paragraphs 4.2, 4.3 or 4.4 shall constitute a material breach of an essential element of the Agreement between EAO and Customer, and EAO shall be entitled to seek appropriate remedies, including, but not limited to a) termination of the Agreement between EAO and Customer; b) seeking indemnification for damages, losses etc. including indirect damages; c) claim penalties in the amount of the prices of the reexported Goods; d) suspend any part or the whole business relationship with Customer and/or Customer’s Affiliates until the breach is remedied.