Common use of Excess Third Party Liability for Launch Activities Clause in Contracts

Excess Third Party Liability for Launch Activities. To the extent not covered by the third party launch liability insurance or eligible for payment by the United States Government pursuant to the Commercial Space Launch Act, SpaceX shall be exclusively liable to third parties for any death, injury, loss or damage to any Third Party arising from the Launch Activities caused solely by SpaceX or its equipment, including the Falcon 1e or parts or components thereof. To the extent not covered by the third party launch liability insurance or eligible for payment by the United States Government pursuant to the Commercial Space Launch Act, Customer shall be exclusively liable to Third Parties for any death, injury, loss or damage arising from the Launch Activities caused solely by Customer or its equipment, including the Payload or parts or components thereof.