10.1. If the User transfers information, software and documentation provided by KEWEI to a third party, the User shall comply with all applicable national and international (re-) export control regulations. In any event of such transfer the User shall comply with the (re-) export control regulations of the People's Republic of China.

10.2. Prior to any such transfer to a third party the User shall in particular check and guarantee by appropriate measures that

--There will be no infringement of an embargo imposed by the People's Republic of China/ or by the United Nations by such transfer or by provision of other economic resources in connection with information, software and documentation provided by KEWEI, also considering the limitations of domestic business and prohibitions of by-passing those embargos;

--Such information, software and documentation provided by KEWEI are not intended for use in connection with armaments, nuclear technology or weapons, if and to the extent such use is subject to prohibition or authorization, unless required authorization is provided;

--The regulations of all applicable Sanctioned Party Lists of the People's Republic of China and the United Nations concerning the trading with entities, persons and organizations listed therein are considered.

10.3. If required to enable authorities or KEWEI to conduct export control checks, the User, upon request by KEWEI, shall promptly provide KEWEI with all information pertaining to the particular end-user, the particular destination and the particular intended use of information, software and documentation provided by KEWEI, as well as any export control restrictions existing.

10.4. The User shall indemnify and hold harmless KEWEI from and against any claim, proceeding, action, fine, loss, cost and damages arising out of or relating to any noncompliance with export control regulations by the User, and the User shall compensate KEWEI for all losses and expenses resulting thereof, unless such noncompliance was not caused by fault of the User. This provision does not imply a change in burden of proof.

10.5. KEWEI' obligation to fulfill an agreement is subject to the proviso that the fulfillment is not prevented by any impediments arising out of national and international foreign trade and customs requirements or any embargos or other sanctions.