a) For purposes of this clause, Counterfeit Materiel consists of those parts delivered under this Contract that are the lowest level of separately identifiable items (I.e. articles, components, goods, and assemblies). “Counterfeit Materiel” means Fraudulent materiel that has been confirmed to be a copy, imitation or substitute that has been represented, identified, or marked as genuine, and/or altered by a source without legal right with intent to mislead, deceive or defraud.
b) External provider agrees and shall ensure that Counterfeit Materiel is not delivered to E.A.S..
c) External provider shall only purchase products to be delivered or incorporated as Materiel to E.A.S. directly from the Original Component Manufacturer (OCM)/Original Equipment Manufacturer (OEM), or through an OCM/OEM authorized distributor chain. Materiel shall not be acquired from independent distributors or brokers unless approved in advance in writing by E.A.S..
d) External provider shall immediately notify E.A.S. with the pertinent facts if External provider becomes aware or suspects that it has furnished Counterfeit Materiel. When requested by E.A.S., External provider shall provide OCM/OEM documentation that authenticates traceability of the affected items to the applicable OCM/OEM.
e) In the event that Materiel delivered under this Contract constitutes or includes Counterfeit Materiel, External provider shall, at its expense, promptly replace such Counterfeit Materiel with genuine Materiel conforming to the requirements of this Contract. Notwithstanding any other provision in this Contract, External provider shall be liable for all costs relating to the removal and replacement of Counterfeit Materiel, including without limitation, E.A.S. costs of removing Counterfeit Materiel, or reinserting replacement Counterfeit Materiel and of any testing necessitated by the reinstallation of the Materiel after Counterfeit Materiel has been exchanged. The remedies contained in this paragraph are in addition to any remedies E.A.S. may have at law, equity or under other provisions of this Contract.
f) External provider shall establish and maintain a Counterfeit Prevention Program using Aerospace Standard AS5553A and AS6174A as a guideline. The purpose of this document shall be to prevent the delivery of counterfeit parts and control parts identified as counterfeit.
a) The parts and technical data provided under this contract may be subject to the International Traffic in Arms Regulation (ITAR) (22 CFR 120-130), and the Export Administration Regulations (EAR) (15 CFR 730-774).
b) External provider agrees to comply with all applicable US export control laws and regulations, including the requirement for obtaining any export license or agreement, if applicable.
c) External provider acknowledges that these regulations impose restrictions on import, export, re-export, and transfer of technology to foreign persons. Without limiting the foregoing, external provider agrees that it will not transfer any export-controlled part or technical data to foreign persons without the authority of an export license, agreement, or applicable exemption or exception.
d) External provider shall immediately notify E.A.S. Manufacturing, Inc. Purchasing Representative if External provider is, or becomes, listed in any Denied Parties List or if External provider’s export privileges are otherwise denied, suspended or revoked in whole or in part by the US Government entity or agency.
e) If External provider is engaged in the business of either exporting or manufacturing (whether exporting or not) defense articles or furnishing defense services, External provider represents that it is registered with the Office of Defense Trade Controls, as required by ITAR, and it maintains as effective export/import compliance program in accordance with ITAR.
f) External provider shall be responsible for all losses, costs, claims, causes of action, damages, liabilities and expense, including attorneys’ fees, all expense of litigation, and/or settlement, and court costs, arising from any act or omission of External provider, its officers, employees, agents, external providers, or subcontractors at any tier, in the performance of any of its obligations under this clause
Additional purchase requirements will be noted on the Purchase Order as required.
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