Flender/Flender Gear Units/Helical gear units H3
damages shall not be excluded . 1.3 The Customer hereby represents and warrants that the Customer, its customer and the

End -User of the Goods or Services are not listed on any applicable restricted party list, .., those of the

EU, USA or the UN, and is not under the direct or indirect control of any such party . 1.4

Upon request by Flender , the Customer shall promptly provide Flender with all information pertaining to the End -Customer, the

particular destination and the particular intended use of Goods and Services, as well as any export control restrictions existing . 1.5 The Customer shall indemnify and hold harmless Flender from and against any claim, proceeding, action, fine, loss, cost and damages arising out of or relating to any non -compliance with export control regulations by the Customer , and the Customer shall compensate Flender for all losses and expenses resulting there of. 1. Miscellaneou 1.1 Nothing in this Contr act shall be deemed to create an emplo yment relatio nship bet ween Flender and the Cust omer any of thei personnel or su bcontractors. 1.2 The Cust omer is not ent itled to issue nstructions to Flenders employe es. Flender is free select and all ocate the pe rsonne deployed for the perfo rmance of the Services. Flender alone shall pay for all compens ation and social benef its of its employe es. 1.3 Flender shall not be oblig ated to fulfill th is Contract if such fulfillment is prevented by any imped iments arising out of national or international foreign rade or cust oms requir ements or any embargoes or other sa nctions. 1.4 If any provision of th is Contract is prohibited or declared invalid or unenforceable by court of comp etent juris diction, th is sha ll not affect the validity or enforceability of any other provisio . The parties shall use their reaso nable efforts to su bstitute