Common use of Liability and Claims Clause in Contracts

Liability and Claims. 13.1. Subject to multilateral and bilateral treaties, agreements, and arrangements of the Participants concerning liability for claims, when applicable, the following provisions will apply regarding liability arising out of, or in connection with F-35 IOT&E Activities carried out in the performance of official duty in the execution of this F-35 IOT&E MOU: 13.1.1. With the exception of claims for loss of or damage to Project Equipment, which are addressed in Section VIII (Project Equipment and Jointly Acquired Equipment) of this F-35 IOT&E MOU, each Participant waives all claims against the other Participants for injury to or death of its military or civilian personnel (which do not include Project Contractors) and for damage to or loss of its property (including its interest in Jointly Acquired Equipment) caused by such personnel of another Participant. If, however, such injury, death, damage, or loss results from reckless acts or reckless omissions, willful misconduct or gross negligence of a Participant’s personnel, the costs of any liability will be borne by that Participant alone. 13.1.2. Claims from any other persons for injury, death, damage or loss of any kind caused by one of the Participants’ personnel will be processed by the most appropriate Participant, as determined by the Participants. Any costs determined to be owed the claimant will be borne by the Participants in proportion to their financial contributions in subparagraph 5.2.1. to 5.2.4. of Section V (Financial Provisions) of this F-35 IOT&E MOU or in accordance with their financial responsibility for unique national requirements in paragraph 5.5. of Section V (Financial Provisions) of this F-35 IOT&E MOU. If, however, such liability results from the reckless acts or reckless omissions, willful misconduct, or gross negligence of a Participant’s personnel, the costs of any liability will be borne by that Participant alone. 13.2. If a person or entity, other than the Participants (including their personnel), damages Jointly Acquired Equipment, and the cost of making good such damage is not recoverable from such person or entity, such cost will be borne by the Participants in the same ratios as specified for their financial contributions in subparagraphs 5.2.1. through 5.2.4. of Section V (Financial Provisions) of this F-35 IOT&E MOU. 13.3. Claims arising under any Contract awarded under this F-35 IOT&E MOU will be resolved in accordance with the provisions of that Contract.

Liability and Claims. 13.1. 14.1 Subject to multilateral and bilateral treaties, agreements, treaties and arrangements agreements of the Participants concerning liability for claims, when applicable, the following provisions will apply regarding liability arising out of, or in connection with F-35 IOT&E Activities with, activities carried out in the performance of official duty in the execution of this F-35 IOT&E MOU: 13.1.1. 14.1.1 With the exception of claims for loss of or damage to Project Equipment, which are addressed in Section VIII (Project Equipment and Jointly Acquired Equipment) of this F-35 IOT&E MOU), each Participant waives all claims against the other Participants for injury to or death of its military or civilian personnel (which do not include Project Contractors) and for damage to or loss of its property (including its interest in Jointly Acquired Equipment) caused by such personnel of another Participant. If, however, such injury, death, damage, or loss results from reckless acts or reckless omissions, willful misconduct or gross negligence of a Participant’s personnel, the costs of any liability will be borne by that Participant alone. 13.1.2. 14.1.2 Claims from any other persons (either individuals or entities) for injury, death, damage or loss of any kind caused by one of the Participants’ personnel will be processed by the most appropriate Participant, as determined by the Participants. Any costs determined to be owed the claimant will be borne by the Participants in proportion to their financial contributions contributions, as specified in subparagraph 5.2.1. to 5.2.4. of Section V (Financial Provisions) ), for the work out of this F-35 IOT&E MOU or in accordance with their financial responsibility for unique national requirements in paragraph 5.5. of Section V (Financial Provisions) of this F-35 IOT&E MOUwhich the claim arose. If, however, such liability results from the reckless acts or reckless omissions, willful misconduct, misconduct or gross negligence of a Participant’s personnel, the costs of any liability will be borne by that Participant alone. 13.2. 14.2 If a person or entity, other than the Participants (including their personnel), damages Jointly Acquired Equipment, and the cost of making good such damage is not recoverable from such person or entity, such cost will be borne by the Participants in the same ratios proportion to their financial contributions, as specified for their financial contributions in subparagraphs 5.2.1. through 5.2.4. of Section V (Financial Provisions) of this F-35 IOT&E MOU), for the work for which the Jointly Acquired Equipment was obtained. 13.3. 14.3 Claims arising under any Contract awarded under this F-35 IOT&E MOU will be resolved in accordance with the provisions of that Contract.

Liability and Claims. 13.114.1. Subject to multilateral and bilateral treaties, agreements, and arrangements of the Participants concerning liability for claims, when applicable, the following provisions will apply regarding For liability arising out of, or in connection with F-35 IOT&E Activities with, activities carried out in the performance of official duty in the execution of this F-35 IOT&E ICE-PPR MOU, the following provisions will apply: 13.1.114.1.1. Claims against a Participant or its military or civilian personnel will be dealt with in accordance with the terms of applicable multilateral or bilateral treaties, arrangements, and agreements among or between the Participants. 14.1.2. For those claims for which multilateral or bilateral treaties, arrangements, or agreements do not apply, the following provisions will apply: 14.1.2.1. With the exception of claims for loss of or damage to Project EquipmentE&M, which are addressed in Section VIII (Project Equipment and Jointly Acquired EquipmentMaterial) of this F-35 IOT&E ICE- PPR MOU, each Participant waives all claims against the other Participants for in respect to injury to or death of its military or civilian personnel (which do not include Project Contractors) and for damage to or loss of its property (including its interest in Jointly Acquired Equipmentjointly acquired E&M) caused by such personnel of another Participant. IfHowever, however, if the Participants determine that such injury, death, damage, or loss results from reckless acts or reckless omissions, willful misconduct misconduct, or gross negligence of a Participant’s military or civilian personnel, the costs of any liability will be borne by that Participant alone. 13.1.214.1.2.2. Claims from any other persons for injury, death, damage damage, or loss of any kind caused by one of the Participants’ military or civilian personnel will be processed by the most appropriate Participant, as determined by the Participants. Any costs determined to be owed the claimant will be borne by the Participants in proportion to the same ratios as their financial and non-financial contributions specified in subparagraph 5.2.1. to 5.2.4. of Section V (Financial Provisions) of the PA under this F-35 IOT&E MOU or in accordance with their financial responsibility for unique national requirements in paragraph 5.5. of Section V (Financial Provisions) of this F-35 IOT&E ICE-PPR MOU. IfHowever, howeverif, after consultation, the Participants determine that such liability injury, death, damage, or loss results from the reckless acts or reckless omissions, willful misconduct, or gross negligence of a Participant’s military or civilian personnel, the costs of any liability will be borne by that Participant alone. 13.214.1.2.3. For liability arising out of, or in connection with, activities carried out in the performance of official duty in the execution of an E&MTA under this ICE-PPR MOU, the following provisions will apply: 14.1.2.3.1. With the exception of claims for loss of or damage to E&M transferred under the E&MTA, which are addressed in Section VIII (Equipment and Material) of this ICE-PPR MOU, each Participant waives all claims against the other Participants for any injury to or death of its military or civilian personnel and for damage to or loss of its property that may arise out of the use of the E&M. 14.1.2.3.2. A Participant will not seek indemnification from another Participant for claims from any other persons for injury, death, damage, or loss of any kind that may arise out of the use of the E&M. 14.2. If a person or entity, other than the Participants (including their Participants’ military or civilian personnel), damages Jointly Acquired EquipmentE&M jointly acquired under a PA, and the cost of making good such damage is not recoverable from such person or entity, such cost will be borne by the Participants in the same ratios as specified for their financial and non-financial contributions specified in subparagraphs 5.2.1. through 5.2.4. of Section V (Financial Provisions) of the PA under this F-35 IOT&E ICE-PPR MOU. 13.314.3. Claims arising under any Contract awarded under this F-35 IOT&E ICE-PPR MOU will be resolved in accordance with the provisions of that the Contract. 14.4. Employees and agents of Contractors are not considered civilian personnel of a Participant for the purposes of this Section.