Common use of LIABILITY AND DAMAGE Clause in Contracts

LIABILITY AND DAMAGE. 1. Partner shall, at no cost to NASA, maintain insurance protecting the U.S. Government and U.S. Government contractors and subcontractors, at any tier, from any Liability as a result of any activities conducted under this Agreement, including launch and associated activities, resulting in Damage to: a. Partner’s employees or agent; and b. Third parties, including U.S. Government employees, and U.S. Government contractor and subcontractor employees. 2. Insurance required under subparagraph B.1.a. above may be satisfied through a liability insurance policy or policies under subparagraph B.1.b. above. Notwithstanding any other requirement for notice in this Agreement, upon obtaining the insurance required under subparagraph B.1., or upon obtaining any modification or amendment thereof, Partner shall personally deliver, or send by registered or certified mail, postage prepaid, two copies of such insurance policy, or such modification or amendment, to NASA at the following address, or at such address as NASA may from time to time designate in writing: National Aeronautics and Space Administration Attn: Associate General Counsel (Commercial and Intellectual Property Law) Xxxxxxxxxx, XX 00000 3. Partner shall maintain insurance with terms and conditions as are currently available in the market for reasonable insurance premiums, taking into account renewals, but shall not be obligated to provide insurance limits in excess of $500,000,000 coverage. Partner shall provide to NASA certificates of insurance, and associated policies, evidencing the insurance required thereunder within a reasonable time before Partner begins to use Government property or Government services. Unless Partner provides evidence that such a condition in an insurance policy is not available at a reasonable premium, the insurance policy shall provide for the right of the U.S. Government to settle reasonably a claim after consultation with Partner and its underwriters. 4. Partner’s insurance obtained pursuant to subparagraph B.1. shall not be the exclusive recourse of the United States in the event Liability exceeds the amount of coverage. The United States reserves the right to bring an action against any responsible party for Liability incurred by the United States under domestic or international law. 5. Each Party agrees to cooperate with the other in obtaining any information, data, reports, contracts, and similar materials in connection with the presentation or defense of any claim by either Party under any policy of insurance purchased to meet the requirements of this Article. If the U.S. Government takes control of the defense of its interests, which would otherwise have been within Partner’s responsibility as established in this Article without the concurrence of Partner, Partner shall be released from any liability to the U.S. Government on account of the claim.

LIABILITY AND DAMAGE. 1. Partner shall, at no cost to NASA, maintain insurance protecting the U.S. Government and U.S. Government contractors and subcontractors, at any tier, from any Liability as a result of any activities conducted under this Agreement, including launch and associated activities, resulting in Damage to: a. Partner’s 's employees or agent; and b. Third parties, including U.S. Government employees, and U.S. Government contractor and subcontractor employees. 2. Insurance required under subparagraph B.1.a. above may be satisfied through a liability insurance policy or policies under subparagraph B.1.b. above. Notwithstanding any other requirement for notice in this Agreement, upon obtaining the insurance required under subparagraph B.1., or upon obtaining any modification or amendment thereof, Partner shall personally deliver, or send by registered or certified mail, postage prepaid, two copies of such insurance policy, or such modification or amendment, to NASA at the following address, or at such address as NASA may from time to time designate in writing: National Aeronautics and Space Administration Attn: Associate General Counsel (Commercial and Intellectual Property Law) XxxxxxxxxxWashington, XX 00000DC 20546 3. Partner shall maintain insurance with terms and conditions as are currently available in the market for reasonable insurance premiums, taking into account renewals, but shall not be obligated to provide insurance limits in excess of $500,000,000 coverage. Partner shall provide to NASA certificates of insurance, and associated policies, evidencing the insurance required thereunder within a reasonable time before Partner begins to use Government property or Government services. Unless Partner provides evidence that such a condition in an insurance policy is not available at a reasonable premium, the insurance policy shall provide for the right of the U.S. Government to settle reasonably a claim after consultation with Partner and its underwriters. 4. Partner’s 's insurance obtained pursuant to subparagraph B.1. shall not be the exclusive recourse of the United States in the event Liability exceeds the amount of coverage. The United States reserves the right to bring an action against any responsible party for Liability incurred by the United States under domestic or international law. 5. Each Party agrees to cooperate with the other in obtaining any information, data, reports, contracts, and similar materials in connection with the presentation or defense of any claim by either Party under any policy of insurance purchased to meet the requirements of this Article. If the U.S. Government takes control of the defense of its interests, which would otherwise have been within Partner’s 's responsibility as established in this Article without the concurrence of Partner, Partner shall be released from any liability to the U.S. Government on account of the claim.

LIABILITY AND DAMAGE. 1. Partner shall, at no cost to NASA, maintain insurance protecting the U.S. Government and U.S. Government contractors and subcontractors, at any tier, from any Liability as a result of any activities conducted under this Agreement, including launch and associated activities, resulting in Damage to: a. Partner’s employees or agentagents; and b. Third parties, including U.S. Government employees, and U.S. Government contractor and subcontractor employees. 2. Insurance required under subparagraph B.1.a. above may be satisfied through a liability insurance policy or policies under subparagraph B.1.b. above. Notwithstanding any other requirement for notice in this Agreement, upon obtaining the insurance required under subparagraph B.1., or upon obtaining any modification or amendment thereof, Partner shall personally deliver, or send by registered or certified mail, postage prepaid, two copies of such insurance policy, or such modification or amendment, to NASA at the following address, or at such address as NASA may from time to time designate in writing: National Aeronautics and Space Administration Xxxxxxx Space Center 2101 NASA Parkway Attn: Associate General Chief Counsel (Commercial and Intellectual Property Law) XxxxxxxxxxHouston, XX 00000 TX 77058 3. Partner shall maintain insurance with terms and conditions as are currently available in the market for reasonable insurance premiums, taking into account renewals, but shall not be obligated to provide insurance limits in excess of $500,000,000 coverage. Partner shall provide to NASA certificates of insurance, and associated policies, evidencing the insurance required thereunder within a reasonable time before Partner begins to use Government property or Government services. Unless Partner provides evidence that such a condition in an insurance policy is not available at a reasonable premium, the insurance policy shall provide for the right of the U.S. Government to settle reasonably a claim after consultation with Partner and its underwriters. 4. Partner’s insurance obtained pursuant to subparagraph B.1. shall not be the exclusive recourse of the United States in the event Liability exceeds the amount of coverage. The United States reserves the right to bring an action against any responsible party for Liability incurred by the United States under domestic or international law. 5. Each Party agrees to cooperate with the other in obtaining any information, data, reports, contracts, and similar materials in connection with the presentation or defense of any claim by either Party under any policy of insurance purchased to meet the requirements of this Article. If the U.S. Government takes control of the defense of its interests, which would otherwise have been within Partner’s responsibility as established in this Article without the concurrence of Partner, Partner shall be released from any liability to the U.S. Government on account of the claim.