Self-Certification:

The terms and conditions referenced in this PO may include self-certification statement. By acceptance of this PO seller confirms its acceptance of the applicable self-certification statements contained in the terms and conditions referenced herein.

Hazardous Material:
Seller warrants that items delivered under this PO do not contain any of the hazardous material listed on the hazardous materials elimination list (HMEL) under the heading “Table 1: Banned Materials” of the effective date of this PO. The HMEL is available at the Lockheed Martin website: http://www.lockheedmartin.com/data/assets/11278.doc. Seller agrees to indemnify buyer against any loss, cost, damage or liability, including removal costs by reason of seller’s violation of this warranty.

DPAS:
This is a rated order for National Defense use when a DPAS rating is entered, and you are required to follow all the provisions of the Defense priorities and allocations system regulation (15 CFR 700).

Terms and Conditions:

No conditions laid down by Seller in accepting or acknowledging this order shall be binding upon if in conflict with any condition herein stated, unless accepted by Buyer in writing.

Buyer shall not be billed at or charged prices higher than stated on the Purchase Order without the prior written consent of Buyer’s Agent.

If Seller refuses or fails to make deliveries of the articles within the time specified in this order or any extension thereof, Buyer may terminate the right of Seller to deliver the articles, except when delay of Seller in delivering articles is due to unforeseeable causes beyond the control and without the fault or negligence of Seller such as “acts of God”.

Except as otherwise stated, all material or equipment for improvements listed herein, to which Government of Buyer’s specifications are applicable, must comply with such specifications current as of date of this order.

The Seller agrees to defend, indemnify and hold harmless the Buyer, its successors, assigns, and/or its customers in any and all suits brought for infringement of letters patent by reason of the use of the equipment or materials furnished hereunder by the Seller. Any design development during the manufacture of items of the Buyer’s original design become the property of the Buyer.

The Seller warrants that the articles to be supplied under this contract are fit and sufficient for the purpose intended: that they are merchantable, of good quality and free from defects, whether patent or latent in material and workmanship.

The Seller agrees in connection with work under this purchase order, not to discriminate against any employee or applicant for employment because of race, sex, religion, color, national origin, disability, veteran status or on any ground protected by applicable federal, state or local law. Illinois Tool Works Inc. complies with contractor obligations under the Office of Contract Compliance Programs, U.S. Department of Labor, Section 60-250 and Section 60-741 and requests that all contractors and subcontractors providing supplies and services to Illinois Tool Works Inc. comply with the same rules and regulations.

This agreement shall be subject to and construed in accordance with and under the laws of the State of Florida.

PO Terms and Conditions.doc Rev. 2– 3/8/05