Flender/Flender Gear Units/Helical gearbox H3
ds that fall under the cope of Article 1g of Council Regulation (EU) No. 8/2 is prohibited. This provision is

principal element of this Agreement and any violation of this provision by the Customer shall entitle Flender to seek appropriate

remedies, including, but not li mited to the termination of this Agreement and liquidated damages of five ( percent of

the International Terms and Conditions for Consulting and Remote Services (0/2 ) Unrestricted International Terms and Conditions for Consulting and

Remote Services (Version 0/2 ) page 7 of 7 total value of this Agreement or price of the Goods exported, whichever is higher. The liquidated damages shall serve as the minimum amount of the damage. The assertion of further damages shall not be excluded . 1.4 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 . 1.5 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 . 1.6 The Customer shall indemnify and hold harmless Flender from and against any claim, proceeding, action, fine, loss, cost, or damages arising out of or relating to any non - compliance with export control regulations by the Customer, and the Customer shall co mpensate Flender for all losses and expenses resulting there of. 1. Miscellaneous 1.1. The Customer may not assign this Contract or any part thereof without Flenders prior written approval. Flender may assign the Contract or any part thereof to an Affiliate. Flender may also assign the Contract or any part thereof to third party, in the event of sa