Specifications
REFERENCES
A.9References 8/01/201152-1002-8.1
17. EXPORT CONTROL. Buyer agrees to conduct its operations under this Contract and perform all its responsibilities
in full compliance with export and other foreign trade controls under any applicable United States (U.S.) laws restricting
sales or transfers to other countries or parties of commodities, software, technology, or technical data. Any other provision
of this Contract to the contrary notwithstanding, Buyer agrees that no commodities, software, technology, or technical data
of U.S. origin or with U.S. origin content will be sold, exported, re-exported or transmitted except in full compliance with all
applicable laws, including all relevant U.S. government requirements. In addition, Buyer shall comply with all applicable
laws, including U.S. government requirements, governing the transfer of information and items to U.S. embargoed and
sanctioned countries and denied and restricted parties. Any violation of this section, as determined solely by Seller, shall be
deemed a material breach of this Contract. It is the responsibility of Buyer to inform Detector of the parties to the transaction,
ultimate destination and application or end use.
18. COMPLIANCE WITH LAWS. Buyer represents, warrants, certifies and covenants (collectively “Covenants”) that it
will comply with all laws applicable to the goods, services and/or the activities contemplated or provided under these Terms,
including, but not limited to, any national, international, federal, state, provincial or local law, treaty, convention, protocol,
common law, regulation, directive or ordinance and all lawful orders, including judicial orders, rules and regulations issued
thereunder.
19. WAIVER - No claim or right arising out of a breach of this Order can be discharged in whole or in part by a waiver
or renunciation unless supported by consideration and made in writing signed by the aggrieved party. Either party’s failure
to enforce any provisions hereof shall not be construed a waiver of a party’s right thereafter to enforce each and every such
provision.
20. NUCLEAR LIABILITY INDEMNIFICATION: Buyer hereby releases and agrees to save Det-tronics and its
subcontractors and vendors harmless from claims, liability, or exposure occasioned by injury to, or death of any person, or
loss of, damage to or loss of use of property caused by, or arising, in any manner, out of a “nuclear incident”, as defined in
the Atomic Energy Act of 1954, as amended, whether alleged to arise out of breach of contract, tort (including negligence),
warranty, strict liability, or otherwise. The Buyer shall, at its cost, secure and maintain in force insurance protection (in which
Det-tronics and its subcontractors and vendors by name or description are additional insured or beneficiaries of waivers
of subrogation) against liability or loss arising out of or arising from a nuclear incident (as defined above), including the
following:
a. Nuclear property and liability insurance of the type issued by American Nuclear Insurers (ANI) or equivalent insurance,
in the maximum obtainable amounts and in such form as shall meet the financial protection requirements of the Nuclear
Regulatory Commission pursuant to Subsection 170(b) of the Atomic Energy Act of 1954, as amended.
b. A government indemnity agreement with the Nuclear Regulatory Commission pursuant to Subsection 170(c) of the
Atomic Energy Act of 1954, as amended.
The insurance and indemnities required above shall be maintained in effect as to each unit on the site from the day nuclear
fuel is first shipped to the site at which such unit shall be located, and shall continue in effect, to the extent the same is
available, for so long as such unit is operated or there is any chance of a nuclear incident.