The Customer represents and warrants that it will comply with applicable sanctions and export control legislation in its performance of the Agreement, including but not limited to, laws, regulations, decisions or executive orders adopted, maintained or enforced by the European Union, Norway and the United States of America.
The Customer shall not sell, provide, market, transfer or export, directly or indirectly, the Seller’s products or services to any natural or legal person who is designated on any sanctions or restricted party list (whether by name or reason for being included in a class of persons), or is directly or indirectly owned or controlled by such designated natural or legal person, or to any project, end-use or geographical area that would expose the Seller to a risk of violating any sanctions adopted, maintained or enforced by, including but not limited to, the European Union, Norway or the United States of America. The Customer shall make adequate and risk-based inquiries to ascertain if the project, end-use or any potential third party to which the Seller’s products or services are to be made available is subject to any sanctions, either directly or indirectly, as described in the foregoing. The Customer is responsible for obtaining all export, import or distribution licenses or permits which may be required for the Customer to lawfully conduct its business.
The Customer shall notify the Seller promptly in writing upon discovery of any instance where it (i) fails to comply with any of the provisions of this Clause [X] or (ii) is designated by any government department or agency as target of sanctions or export controls. In any such event, the obligation of the Seller to deliver any products and/or services may at the option of the Seller be suspended or terminated with immediate effect without any liability for the Seller. The Customer shall indemnify and hold harmless the Seller from and against any losses, damages and claims arising from breach of this Clause. This indemnity shall survive termination of this Agreement.