Common use of Indemnification by United States Government Clause in Contracts

Indemnification by United States Government. 14.4.1 The Parties recognize that under the CSLA and subject thereto, the Secretary of Transportation shall, to the extent provided in advance in appropriations acts or to the extent there is enacted additional legislative authority to provide for the payment of claims, provide for the payment by the United States Government of successful claims (including reasonable expenses of litigation or settlement) of a Third Party against Launch Provider or its subcontractors, or ICO or its contractors or subcontractors, resulting from activities carried out pursuant to a license issued or transferred under the CSLA for death, bodily injury, or loss of or damage to property resulting from activities carried out under the license, but only to the extent that the aggregate of such successful claims arising out of the Launch: (i) is in excess of the amount of insurance or demonstration of financial responsibility required of Launch Provider under its license issued pursuant to the CSLA; and (ii) is not in excess of the level that is $1,500,000,000 (plus any additional sums necessary to reflect inflation occurring after January 1, 1989) above the required amount of insurance or demonstration of financial responsibility required by the CSLA. 14.4.2 Launch Provider makes no representation or warranty that any payment of claims by the United States Government will be available pursuant to the CSLA. Launch Provider’s sole obligation is the good faith effort to obtain such payment as may be available from the United States Government.

Indemnification by United States Government. 14.4.1 15.4.1 The Parties recognize that under the CSLA and subject thereto, the Secretary of Transportation shall, to the extent provided in advance in appropriations acts or to the extent there is enacted additional legislative authority to provide for the payment of claims, provide for the payment by the United States Government of successful claims (including reasonable expenses of litigation or settlement) of a Third Party against Launch Provider Contractor or its subcontractors, or ICO Customer or its contractors or subcontractors, resulting from activities carried out pursuant to a license issued or transferred under the CSLA for death, bodily injury, or loss of or damage to property resulting from activities carried out under the license, but only to the extent that the aggregate of such successful claims arising out of the Launch: (i) : 15.4.1.1 is in excess of the amount of insurance or demonstration of financial responsibility required of Launch Provider Contractor under its license issued pursuant to the CSLA; and (ii) and 15.4.1.2 is not in excess of the level that is $1,500,000,000 (plus any additional sums necessary to reflect inflation occurring after January 1, 1989) above the required amount of insurance or demonstration of financial responsibility required by the CSLA. 14.4.2 Launch Provider 15.4.2 Contractor makes no representation or warranty that any payment of claims by the United States Government will be available pursuant to the CSLA. Launch ProviderContractor’s sole obligation is the good faith effort to obtain such payment as may be available from the United States Government.