Cross-Waiver of Liability. A. With respect to joint activities under this Framework Agreement, the Parties agree to establish a cross-waiver of liability in the interest of encouraging cooperation between the Parties in the exploration and use of outer space, including the Moon and other celestial bodies, for peaceful purposes. This cross-waiver of liability, as set out in this Article, shall be broadly construed to achieve this objective. For the avoidance of doubt, the term “Party” as used in this Article includes such Party’s Implementing Agencies.
B. For the purposes of this Article:
Cross-Waiver of Liability. A. In the event the U.S. Commercial Space Launch Act of 1984, as amended, is applicable to the launch of spacecraft of the Constellation, to the extent required thereunder and by any launch service provider licensed thereunder, both parties agree to make no claims against the other, the contractors and subcontractors of the other at any tier (including suppliers of any kind), the officers, directors, agents, servants, and employees of the other, or any of them, with respect to injury to or death of either party's employees involved in, or damaged to either party's property in connection with all licensed activities relating to launches of space vehicles of the Constellation, except as provided by ARTICLE 20, INDEMNIFICATION. Both parties further agree to cause all of their respective contractors and subcontractors at any tier (including suppliers of any kind) to make no such claims.
B. Both parties hereby waive and shall cause their contractors and subcontractors at any tier (including suppliers of any kind) to waive any cause of action in tort against the U.S. government, its agents, employees, contractors, and subcontractors to the extent required by the U.S. government, and agree to furnish appropriate waivers and releases as may be required to implement this Article in connection with the use of U.S. government launch facilities, equipment, or required launch support services.
C. In the event Seller conducts any launch of space vehicles not subject to the U.S. Commercial Space Launch Act both parties agree to accede to any waiver of claims as may be required pursuant to applicable law or as required by any launch service provider. Seller agrees to keep Buyer informed as to the status of negotiations with such launch service providers with respect to any such waiver of claims provisions that are proposed by launch service providers not subject to the U.S. Commercial Space Launch Act. Seller further agrees to use its best reasonable efforts to negotiate such waiver of claims provisions so that they are not any broader than the waivers required by the U.S. Commercial Space Launch Act.
Cross-Waiver of Liability a. Each Party agrees to a cross-waiver of liability pursuant to which each Party waives all claims against any of the entities or persons listed in paragraphs (3)(a)(i) through (3)(a)(iv) of this article based on Damage arising out of Protected Space Operations. This cross-waiver shall apply only if the person, entity, or property causing the Damage is involved in Protected Space Operations and the person, entity, or property damaged is damaged by virtue of its involvement in Protected Space Operations. The cross-waiver shall apply to any claims for Damage, whatever the legal basis for such claims, against:
(i) Another Party;
(ii) A Partner State other than the United States of America;
(iii) A Related Entity of any entity identified in paragraph (3)(a)(i) or (3)(a)(ii) of this article; or
(iv) The employees of any of the entities identified in paragraphs (3)(a)(i) through (3)(a)(iii) of this article.
b. In addition, each Party shall, by contract or otherwise, extend the cross-waiver of liability, as set forth in paragraph (3)(a) of this article, to its Related Entities by requiring them, by contract or otherwise, to:
(i) Waive all claims against the entities or persons identified in paragraphs (3)(a)(i) through (3)(a)(iv) of this article; and
(ii) Require that their Related Entities waive all claims against the entities or persons identified in paragraphs (3)(a)(i) through (3)(a)(iv) of this article.
c. For avoidance of doubt, this cross-waiver of liability includes a cross-waiver of claims arising from the Convention on International Liability for Damage Caused by Space Objects, which entered into force on September 1, 1972, where the person, entity, or property causing the Damage is involved in Protected Space Operations and the person. entity, or property damaged is damaged by virtue of its involvement in Protected Space Operations.
d. Notwithstanding the other provisions of this article, this cross-waiver of liability shall not be applicable to:
(i) Claims between a Party and its own Related Entity or between its own Related Entities;
(ii) Claims made by a natural person, his/her estate, survivors or subrogees (except when a subrogee is a Party to this Agreement or is otherwise bound by the terms of this cross-waiver) for bodily injury to, or other impairment of health of, or death of, such person;
(iii) Claims for Damage caused by willful misconduct;
(iv) Intellectual property claims;
(v) Claims for Damage resulting from a failure of a Party to exten...
Cross-Waiver of Liability. 22 ARTICLE 20. INDEMNIFICATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 ARTICLE 21. INSURANCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 ARTICLE 22.
Cross-Waiver of Liability. 1. With respect to activities performed under this Agreement, the Parties agree that a comprehensive cross-waiver of liability will further cooperation in the exploration, exploitation and use of outer space. This cross-waiver of liability, as set out below, shall be broadly construed to achieve this objective. Provided that the waiver of claims is reciprocal, the Agencies may tailor the scope of the cross-waiver clause in an Implementing Arrangement to address the specific circumstances of a particular cooperation.
(a) Each Party agrees to a cross-waiver of liability pursuant to which each Party waives all claims against any of the entities or persons listed in sub-paragraphs 2(a)(i) through 2(a)(iv) below based on Damage arising out of Protected Space Operations. This cross-waiver shall apply only if the person, entity, or property causing the Damage is involved in Protected Space Operations and the person, entity, or property damaged is damaged by virtue of its involvement in Protected Space Operations. The cross-waiver shall apply to any claims for Damage, whatever the legal basis for such claims, against:
(i) the other Party;
(ii) the other Party’s Agency;
(iii) the Related Entity of the other Party´s Agency;
(iv) the employees of any of the entities identified in sub-paragraphs (i), (ii) and (iii) immediately above.
(b) In addition, each Party shall ensure that its Agency extends the cross-waiver of liability as set forth in Article 12.2(a) to the Agency’s Related Entities by requiring them, by contract or otherwise, to agree to:
(i) waive all claims against the entities or persons identified in Article 12.2(a)(i) through Article 12.2(a)(iv); and
(ii) require that their Related Entities waive all claims against the entities or persons identified in Article 12.2(a)(i) through Article 12.2(a)(iv) above.
(c) For avoidance of doubt, this cross-waiver of liability shall be applicable to claims arising under the Convention on International Liability for Damage Caused by Space Objects, done on March 29, 1972 (the “Liability Convention”), where the person, entity, or property causing the Damage is involved in Protected Space Operations and the person, entity, or property damaged is damaged by virtue of its involvement in Protected Space Operations.
(d) Notwithstanding the other provisions of this Article, this cross-waiver of liability shall not be applicable to:
(i) claims between a Party or its Agency and its Agency’s Related Entity or between an Agency’s ...
Cross-Waiver of Liability. 6.1 The objective of this section is to establish a cross-waiver of liability ("cross-waiver") by the Parties and related entities in the interest of encour aging participation in the exploration, exploitation, and use of outer space through the Space Station. This cross waiver of liability shall be broadly construed to achieve this objective. In the event that a flight opportunity for an ESA astronaut under this MOU occurs on a Space Shuttle flight during the Phase 1 program, the cross- waiver of liability required for Space Shuttle flights, and not the cross- waiver set forth below, will govern the allocation of risk between the United States Government and ESA. In such event, the Parties will adopt appro priate legal arrangements to put into effect the applicable Space Shuttle cross-waiver.
6.2 For the purposes of this Article, the term:
Cross-Waiver of Liability. 12.1 In carrying out this Agreement, the parties recognize that all participants are engaged in the common goal of meaningful exploration, exploitation and utilization of outer space. In furtherance of this goal, the parties hereto agree to a no-fault, no-subrogation, inter-party waiver of liability pursuant to which each party agrees not to bring claims in arbitration or otherwise against or xxx the other party or other customers of SHI, and agrees to absorb the financial and any other consequences arising out of damage to its own property and employees as a result of participation in performance of this Contract, irrespective of whether such damage is caused by SHI or VJF regardless of whether such damage arises through negligence or otherwise.
12.2 The parties agree to extend the waiver as set forth in Section 12.1 above to the other party’s contractors and subcontractors at every tier, as third party beneficiaries, for activities associated with the performance of this Contract.
12.3 The parties intend that the inter-party waiver of liability set forth above be broadly construed to achieve the intended objectives as set forth in Article 16 of the Intergovernmental Agreement Concerning Cooperation on the Civil International Space Station dated January 29, 1998.
12.4 Notwithstanding any other provisions herein, to the extent that a risk of damage is not dealt with expressly in this Contract, SHI’s and VJF’s liability under this Contract, whether or not arising as a result of an alleged breach of this Contract, shall be limited to direct damages only and shall not include any loss of revenue, profits or other indirect or consequential damages.
12.5 In the event a third party claim is asserted against SHI or VJF as a result of patent infringement, use of proprietary data, or damage, including claims of their respective contractors or subcontractors, arising from or in connection with the Services provided by VJF under this Contract, SHI and VJF each agree to give prompt notice to the other of any such claim and agree to provide each other with any assistance practicable in the defense against such claim. If a claim asserted against one party is a claim under this Contract, the party who has agreed to indemnify shall have the right to intervene and defend, the right to control litigation of, and the right to determine the appropriateness of any settlement related to such claim.
Cross-Waiver of Liability. 5.1 The objective of this Article is to establish a cross-waiver of liability by the Parties to this Agreement and related entities in the interest of encouraging participation in space exploration, use and investment through the Space Station. In addition, in light of the liability requirements in Article 16 of the IGA, a second purpose of this article is to fulfill the obligation of the United States of America, as a Partner State, to extend the cross- waiver to related entities of the United States Government in the Space Station Program. Thus, pursuant to this Article, RSA, as a related entity of NASA and the Government of the United States of America, for purposes of this article, is protected by application of the Cross-Waiver of Liability agreed to by the Partner States in the IGA. The cross- waiver of liability shall be broadly construed to achieve the objective of encouraging participation in space activities.
5.2 For the Purposes of this Article:
Cross-Waiver of Liability. 1. With respect to the activities conducted pursuant to this Agreement, the Parties agree to a general waiver of liability in order to encourage cooperation in the exploration, exploitation and use of outer space. The Parties shall ensure that their executing agencies, subject to their specific purviews, undertake in implementation agreements to establish a cross-waiver of liability for loss and damage suffered by them in respect of the activities conducted under cooperation programmes and shall specify the relevant terms and conditions.
2. The executing agencies shall ensure that they extend that cross-waiver of liability, in a manner consistent with their laws, to their contractors, subcontractors and other associated participating entities involved in the implementation of cooperation programmes.
3. The Parties shall consult each other without delay in the event of claims arising from the “Convention on International Liability for Damage Caused by Space Objects” of 29 March 1972.
Cross-Waiver of Liability. 5.1 The objective of this Article is to establish a cross-waiver of liability by the Parties to this Agree- ment and related entities in the interest of encouraging participation in space exploration, use and investment through the Space Station. In addition, in light of the liability requirements in Article 16 of the IGA, a second purpose of this article is to fulfill the obligation of the United States of America, as a Partner State, to extend the cross-waiver to related entities of the United States Gov- ernment in the Space Station Program. Thus, pursuant to this Article, RSA, as a related entity of NASA and the Government of the United States of America, for purposes of this article, is pro- tected by application of the Cross-Waiver of Liability agreed to by the Partner States in the IGA. The cross-waiver of liability shall be broadly construed to achieve the objective of encouraging participation in space activities.
5.2 For the Purposes of this Article:
(a) The term “damage” means:
(1) bodily injury to, or other impairment of health of, or death of, any person;
(2) damage to, loss of, or loss of use of any property;
(3) loss of revenue or profits; or
(4) other direct, indirect, or consequential damage.
