INTER-PARTY WAIVER OF LIABILITY. 31.1 Prior to the time Buyer and the Contractor enter the Launch Integration Facility and/or Launch Site, they each agree that they will not make a claim against each other for an event that occurs at the Launch Integration Facility and/or Launch Site premises involving damage to, loss of, or loss of use of their property or the property of others in their possession, caused by the fault or negligence of the other Party to this Contract, or otherwise caused by any defect in any product manufactured or sold by the other Party to this Contract. Such claims are waived and each Party will bear its own losses. Buyer will include a comparable clause in each of its contracts with vendors, subcontractors or customers for services or benefits expected as a result of the launch or orbiting of a Galaxy Spacecraft. Such comparable clause shall include a requirement to flow the clause down to lower-tier contractors.
31.2 Notwithstanding any other provisions of this Contract, prior to the time any Party, associated with the Galaxy XIII and/or Galaxy XIV launch activities at the Launch Integration Facility and/or Launch Site, shall enter the Launch Integration Facility and/or Launch Site, such Parties shall be required to sign an Inter-Party Waiver of Liability consistent with that between Buyer and the Contractor as incorporated herein under Paragraph 31.1 of this provision or other similar agreement as may be required by the launch agency. Each Party shall have the responsibility to assure that all the Parties associated with the launch of Galaxy XIII and/or Galaxy XIV Spacecrafts (for which they have control or privity of Contract with hereunder) have executed said Inter-Party Waiver of Liability.
INTER-PARTY WAIVER OF LIABILITY. 31.1 Buyer and Contractor each agree not to make a claim against the other for an event that occurs at the launch integration facility and/or launch site premises involving damage to, loss of, or loss of use of their property or the property of others in their possession, caused by the fault or negligence of the other Party to this Contract, or otherwise caused by any defect in any product manufactured or sold by the other Party to this Contract. Such claims are waived and each Party will bear its own losses. Buyer will include a comparable clause in each of its contracts with vendors, subcontractors or customers for services or benefits expected as a result of the launch or orbiting of the Spacecraft. Such comparable clause shall include a requirement to flow the clause down to lower-tier contractors.
31.2 Notwithstanding any other provisions of this Contract, prior to the time any party, associated with launch activities at the launch integration facility and/or launch site, shall enter the launch integration facility and/or launch site, such party shall be required to sign an Inter-Party Waiver of Liability consistent with that between Buyer and the Contractor as incorporated herein under Paragraph 31.1 of this provision or other similar agreement as may be required by the launch agency. Each Party shall have the responsibility to assure that all the parties associated with the launch of the Spacecraft (for which they have control or privity of contract with hereunder) have executed said Inter-Party Waiver of Liability. PanAmSat and Boeing Proprietary Information Subject to restrictions on Contract title page 87 Buyer ____ Contractor ____ [***] Filed separately with the Commission pursuant to a request for confidential treatment.
INTER-PARTY WAIVER OF LIABILITY. (a) Prior to commencement of Launch Services, each Party will provide the other Party with evidence reasonably satisfactory to the other Party that it has complied with the inter-party waiver of liability and related insurance and indemnification provisions of any Launch Agreement, including any requirement to obtain substantially similar waivers and/or indemnifications from other parties such as entities conducting operations at the launch site, customers, contractors, subcontractors at any tier, or the United States Government.
(b) Notwithstanding any other term or provision contained in this Contract, this Article 33 (Inter-Party Waiver of Liability) shall survive the completion or termination of this Con tract in any manner whatsoever.
(c) The Parties will take such further actions as may be required to implement the provisions of this Article 33 (Inter-Party Waiver of Liability), including the execution of such agreements, waivers, and indemnifications as are customarily used with respect to operations at the launch site and are consistent with the provisions of this Article 33 (Inter-Party Waiver of Liability).
(d) For any Launch subject to the jurisdiction of the United States, the Launch Agency shall procure and maintain such insurance as required by the United States Department of Transportation for loss or damage to United States Government property or for death, bodily injury or property damage or loss to third parties in connection with the licensed Launch activities provided under this Contract. For Launches not subject to the jurisdiction of the United States, the Launch Agency shall procure and maintain such insurance as required by the government having jurisdiction over such Laun ch.
(e) The Launch Agency has executed agreements with various United States Government agencies for the use of Government-owned property and facilities relating to the production of launch vehicles and launch operations. Customer agrees that it will comply with the United States Government's Laws as they relate to Customer-furnished property and personnel, and those agreements relating directly to the United States expendable launch vehicle program. Contractor shall request the Launch Agency to furnish copies of such agreements to Customer upon Customer's request.
(f) Contractor shall require the Launch Agency to indemnify, defend and hold harmless Contractor and Customer from third-party claims for bodily injury, including death, property damage and losses, aris...
INTER-PARTY WAIVER OF LIABILITY. Notwithstanding any indemnification provisions set forth in this Contract, the Purchaser agrees, on behalf of itself and its officers, directors, employees, consultants, representatives, agents, subcontractors, insurers, and customers, to sign and agree to the no-fault, no-subrogation, inter-party waiver of liability provisions set forth in any Launch Services Agreement prior to entering on the Launch Site. Use or disclosure of the data contained on this page is subject to the restriction on the title page of this Contract.
INTER-PARTY WAIVER OF LIABILITY. 30.1 Prior to the time HCG and the Contractor enter the premises at the Launch Site, they each agree that they will not make a claim against each other for an event that occurs at the Launch Site premises involving damage to, loss of, or loss of use of their property or the property of others in their possession, caused by the fault or negligence of the other Party to this Contract, or otherwise caused by any defect in any product manufactured or sold by the other Party to this Contract. Such claims are waived and each Party will bear its own losses. HCG will include a comparable clause in each of its contracts with vendors, subcontractors or customers for services or benefits expected as a result of the launch or orbiting of this Galaxy Spacecraft. Such comparable clause shall include a requirement to flow the clause down to lower-tier contractors.
30.2 Notwithstanding any other provisions of this Contract, prior to the time any Party, associated with the Galaxy XI launch activities at the Launch Site, shall enter the premises at the Launch Site, such Parties shall be required to sign an Inter-Party Waiver of Liability consistent with that between HCG and the Contractor as incorporated herein under Paragraph 30.1 of this provision or other similar agreement as may be required by the launch agency. Each Party shall have the responsibility to assure that all the Parties associated with the launch of Galaxy XI Spacecraft (for which they have control or privity of Contract with hereunder) have executed said Inter-Party Waiver of Liability.
INTER-PARTY WAIVER OF LIABILITY. In carrying out this Agreement, SHI, ESA/INTOSPACE, and NASA, will respectively utilize their property and employees in the SPACEHAB Payload Processing Facility ("SPPF"), NASA facilities, and during payload processing activities and STS Operations in close proximity to one another and to others. Furthermore, 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 sue the other party or other customers xx 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 the payload processing activities and STS Operations, irrespective of whether such damage is caused by SHI, ESA, INTOSPACE, other SHI customers, NASA, or other NASA customers participating in payload processing activities and STS Operations and regardless of whether such damage arises through negligence or otherwise.
INTER-PARTY WAIVER OF LIABILITY. In carrying out this Agreement, Astrotech, Astrotech Florida Holdings, Inc., LMCLS and LMCLS Customer will respectively utilize their property and employees in the Payload Processing Activity in close proximity to one another and to others. Furthermore, the Parties recognize that all participants in Payload Processing Activity are engaged in the common goal of meaningful exploration, exploitation and uses of outer space. In furtherance of this goal, the Parties hereby agree to a no-fault, no-subrogation, inter-party waiver of liability pursuant to which each party agrees not to bring a claim in arbitration or otherwise against or sue txx other or other participants (including the U.S. Government) in Payload Processing Activity, and agrees to absorb the financial and any other consequences for Damage it incurs to its own property and employees as a result of participation in Payload Processing Activity, irrespective of whether such Damage is caused by Astrotech, LMCLS, or other participants in Payload Processing Activity, and regardless of whether such Damage arises through negligence or otherwise. Thus, the Parties, by absorbing the consequences of Damage to their property and employees without recourse against each other or other participants in Payload Processing Activity, jointly contribute to the common goal of meaningful exploration, exploitation and uses of outer space.
INTER-PARTY WAIVER OF LIABILITY. The parties stipulate and agree that the "Agreement for Waiver of Claims and Assumption of Responsibility" attached to this Exhibit H as Attachment H-1 is hereby incorporated into and made a part of this Agreement.
INTER-PARTY WAIVER OF LIABILITY all references to the term “Other Payloads” in sub-articles 16.3.1 and 16.3.2 are replaced with the term “Auxiliary Components.”
INTER-PARTY WAIVER OF LIABILITY. In carrying out this Agreement, Astrotech and LMCLS and LMCLS Customer will respectively utilize their property and employees in the Payload Processing Activity in close proximity to one another and to others. Furthermore, the Parties recognize that all participants in Payload Processing Activity are engaged in the common goal of meaningful exploration, exploitation and uses of outer space. In furtherance of this goal, the Parties hereby agree to a no-fault, no-subrogation, inter-party waiver of liability pursuant to which each party agrees not to bring a claim in arbitration or otherwise against or sue xxx other or other participants (including the U.S. Government) in Payload Processing Activity, and agrees to absorb the financial and any other consequences for Damage it incurs to its own property and employees as a result of participation in Payload Processing Activity, irrespective of whether such Damage is caused by Astrotech, LMCLS, or other participants in Payload Processing Activity, and regardless of whether such Damage arises through negligence or otherwise. Thus, the Parties, by absorbing the consequences of Damage to their property and employees without recourse against each other or other participants in Payload Processing Activity, jointly contribute to the common goal of meaningful exploration, exploitation and uses of outer space.
