[Federal Register Volume 59, Number 244 (Wednesday, December 21, 1994)]
[Unknown Section]
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From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-31147]
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[Federal Register: December 21, 1994]
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NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Parts 1828 and 1852
RIN 2700-AB12
Changes to NASA FAR Supplement Cross-Waiver of Liability Clauses
in NASA Contracts
AGENCY: Office of Procurement, Contract Management Division, National
Aeronautics and Space Administration (NASA).
ACTION: Final rule.
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SUMMARY: This final rule is the regulatory basis for cross-waiver
clauses to be included in contracts for NASA Space Shuttle services,
ELV launches, and Space Station activities. These clauses represent the
required implementation of a previously published final rule regarding
NASA's policy of cross-waivers of liability in agreements for Space
Shuttle services, ELV launches, and Space Station activities. By
incorporating these cross-waivers of liability clauses in contracts for
Space Shuttle services, ELV launches, and Space Station activities,
NASA and the other parties agree not to bring claims against each other
for any damage to property or for injury or death of employees that
occurs during the time a cross-waiver is in effect. In addition, the
clauses implement another requirement of the agreements which is to
flow down these cross-waivers to their related entities ensuring that a
party, its contractors, and subcontractors, waive their right to sue
the other party, its contractors, and subcontractors for damages
sustained in connection with activities conducted under the agreements.
EFFECTIVE DATE: December 31, 1994.
ADDRESSES: Office of Procurement, Contract Management Division (Code
HK), National Aeronautics and Space Administration, 300 E Street, SW,
Washington, DC 20546.
FOR FURTHER INFORMATION CONTACT:
Ms. Deborah O'Neill, Telephone: (202) 358-0440.
SUPPLEMENTARY INFORMATION:
Background
In September 1991, NASA published a final rule (14 CFR Part 1266)
that established cross-waivers of liability as the regulatory basis for
cross-waiver provisions to be included in agreements for NASA Space
Shuttle launch services, space station activities, and ELV program
launches. By developing broad, consistent cross-waivers, NASA
established a known regime of liability limitation to encourage space
exploration and investment by reducing insurance costs and the
potential for litigation.
To be made fully effective, the cross-waivers needed to be
incorporated into applicable NASA prime contracts as well as
subcontracts. This final rule establishes the regulatory basis for
inclusion of these new cross-waivers in contracts for Space Shuttle
services, Space Station activities, and ELV program launches.
NASA published an interim rule (58 FR 54050) on October 20, 1993,
amending the NASA FAR Supplement to provide for revised cross-waivers
of liability clauses for Space Shuttle services and Space Station
activities and to provide for a new cross-waiver of liability for
Expendable Launch Vehicle (ELV) launches. The existing cross-waiver
clause for Space Shuttle was revised and the ELV program launch cross-
waiver clause was developed to be consistent with the cross-waiver
clause that had been in effect for space station activities, because it
was becoming increasingly complex for users, customers, contractors,
and NASA to work under somewhat inconsistent cross-waivers of liability
in agreements for Space Station activities, ELV launches, and Shuttle
launch services not related to Space Station.
Based upon a review of public comments on the interim rule, only
minor changes needed to be made to NASA FAR Supplement clause 1852.228-
76, ``Cross-waiver of Liability for Space Station Activities,'' since
it already contained language corresponding with the provision in the
original final rule regarding cross-waiver agreements. No changes
needed to be made to NASA FAR Supplement clauses 1852.228-72, ``Cross-
Waiver of Liability for Space Shuttle Services,'' and 1852.228-78
``Cross-Waiver of Liability for NASA Expendable Launch Vehicle
Launches,'' but both these clauses are reprinted in this final rule in
their entirety.
For these reasons, NASA has adopted, for use in contracts for Space
Shuttle services and ELV launches, the new cross-waiver clauses set
forth in this rule. Like the Space Station cross-waiver, the new
Shuttle and ELV cross-waivers will apply to all activities done in
implementation of Shuttle and ELV contracts. However, when an activity
that involves Shuttle launch services or a NASA ELV launch is to be
conducted under the Space Station program, the Space Station cross-
waiver, not the respective Shuttle or ELV cross-waiver, will be
utilized in the agreement governing that activity.
NASA received thirteen comments in response to the Interim Rule.
Several comments suggest that there may be some misunderstanding about
the nature and the purpose of the cross-waiver clauses. The cross-
waiver clause is not the waiver between the Government and the
contractor but rather the fulfillment of NASA's obligation to flow down
the cross-waiver in order to bar claims by NASA contractors against
parties or users with whom NASA has entered into agreements for
services. The language in 1828.371(a) clarifies this intent. The
language in paragraph (a) of the clauses also states the purpose and
objective of the cross-waiver clauses. Several other comments suggest
there may be some misunderstanding between the nature of the cross-
waivers and of indemnification under Public Law 85-804. When the
Government provides indemnification coverage to its contractor, the
Government will hold a contractor harmless from third party liability,
as well as from damage or harm to Government and contractor employees
and property, as a result of exposure to unusually hazardous risks.
Indemnification represents a relationship between the Government and
its contractor. A cross-waiver does not provide indemnification
protection as it does not waive third party liability between the
Government and its contractors. When the Government flows down a cross-
waiver of liability to its contractors, there is a waiver of liability
between the Parties involved in Protected Space Operations, not between
the Government and its contractors (recognizing that the cross-waiver
shall apply only if the person, entity, or property causing the damage
is damaged as a result of its involvement in Protected Space
Operations). A cross-waiver represents a relationship between Parties
involved in Protected Space Operations as well as between the Parties'
related entities involved in Protected Space Operations. Therefore,
claims between the Government and its contractor are not covered by the
cross-waiver. The cross-waiver clauses remain unchanged, since no
modification is necessary to address coverage for indemnification-
related issues. Since indemnification is a separate issue from cross-
waiver liability, no change is made to the cross-waiver clauses stating
that they must be inserted in a contract that contains indemnification
coverage under Public Law 85-804. As stated in 1828.371, the
appropriate cross-waiver clause is inserted in solicitations or
contracts of $100,000 or more when the work to be performed involves
Protected Space Operations.
The remaining comments will be addressed individually as follows.
One comment noted that the definition of ``Partner State'' in clause
1852.228-76 includes signatories to the current Intergovernmental
Agreement. This definition fails to include Russia's or any other
unforeseen future partner's involvement. For this reason, the
definition of ``Partner State'' in 48 CFR 1852.228-76(b)(3) has been
changed to include any future signatories to the Intergovernmental
Agreement. A second comment states that the definition of ``Protected
Space Operations'' in each clause differs from the current 1852.228-72
clause which defines the end of the activity period in detail. The
comment recommends that the new clauses better define the end of
Protected Space Operations. This Final Rule leaves the definition of
``Protected Space Operations'' unchanged. The definition as well as the
scope of cross-waivers have been broadened intentionally as set forth
in the final rule for agreements in September 1991. There is no
latitude to change this definition in the flow down from agreements to
contract clauses. The third comment recommended that the words ``or
gross negligence'' be added after the words ``willful misconduct'' in
(c)(4)(iii) of each clause. The rationale mentioned that omission of
the phrase ``gross negligence'' would raise a potential conflict
between the clause and the laws of most states which refuse to
recognize advance agreements to waive liability based on gross
negligence as being contrary to public policy. The clauses remain
unchanged, because it is U.S. Federal policy to waive all degrees of
negligence when the Federal Government is involved in space launch
activities. A fourth comment stated the cross-waiver does not address
the situation in which one of the parties fails to obtain the waiver
agreement. The clauses remain unchanged. There is no requirement to
state that the contractor's failure to flow down clauses does not
obviate application of the substantive aspects of the clause to that
contractor. Another comment requested that paragraph (b)(3), the
definition of ``Party,'' clarify that the U.S. Government agency
signing the agreement is signing on behalf of the United States and all
its related entities. While the clauses remain unchanged, clarification
of this point may be necessary. The U.S. Government agency signing the
agreement is definitely signing on behalf of the United States and all
its related entities.
Availability of NASA FAR Supplement
The NASA FAR Supplement, of which this will become a part, is
codified in 48 CFR, chapter 18, and is available in its entirety on a
subscription basis from the Superintendent of Documents, Government
Printing Office, Washington, DC 20402. Cite GPO Subscription Stock
Number 933-003-00000-1. It is not distributed to the public, whether in
whole or in part, directly by NASA.
Regulatory Flexibility Act
NASA certifies that this Final Rule will not have significant
economic impact on a substantial number of small entities within the
meaning of the Regulatory Flexibility Act (5 U.S.C. 601, et seq.).
Paperwork Reduction Act
This Final Rule does not impose any reporting or record keeping
requirements subject to the Paperwork Reduction Act.
List of Subjects in 48 CFR Parts 1828 and 1852
Government procurement.
Thomas S. Luedtke,
Deputy Associate Administrator for Procurement.
Accordingly, 48 CFR Parts 1828 and 1852 are amended as follows.
PART 1828--BONDS AND INSURANCE
1. The authority citation for 48 CFR Parts 1828 and 1852 continues
to read as follows:
Authority: 42 U.S.C. 2473(c)(1).
1828.001 [Removed]
2. Section 1828.001 is removed.
3. Section 1828.371 is revised to read as follows:
1828.371 Clauses for cross-waivers of liability for Space Shuttle
services, Expendable Launch Vehicle (ELV) launches, and Space Station
activities.
(a) In agreements covering Space Shuttle services, certain ELV
launches, Space Station activities, NASA and other signatories (the
Parties) agree not to bring claims against each other for any damage to
property or for injury or death of employees that occurs during the
time such a cross-waiver is in effect. These agreements involving NASA
and other Parties include, but are not limited to, Memoranda of
Understanding with foreign governments, Launch Services Agreements, and
other agreements for the use of NASA facilities. These agreements
require the Parties to flow down the cross-waiver provisions to their
related entities so that contractors, subcontractors, customers, and
other users of each Party also waive their right to bring claims
against other Parties and their similarly related entities for damages
arising out of activities conducted under the agreements. The purpose
of the clauses prescribed in this section is to flow down the cross-
waivers to NASA contractors and subcontractors.
(b) The contracting officer shall insert the clause 1852.228-72,
Cross-Waiver of Liability for Space Shuttle Services, in solicitations
and contracts of $100,000 or more when the work to be performed
involves ``Protected Space Operations'' (applicable to the Space
Shuttle) as that term is defined in the clause. If Space Shuttle
services under the contract are being conducted in support of the Space
Station program, the contracting officer shall insert the clause
prescribed by paragraph (d) of this section and designate application
of that clause to those particular activities.
(c) The contracting officer shall insert the clause at 1852.228-78,
Cross-Waiver of Liability for NASA Expendable Launch Vehicle (ELV)
Launches, in solicitations and contracts of $100,000 or more for the
acquisition of ELV launch services when the service is being acquired
by NASA pursuant to an agreement described in paragraph (a) of this
section. If, under a contract that covers multiple launches, only some
of the launches are for payloads provided pursuant to agreements, an
additional clause shall be inserted in the contract to designate the
particular launches to which this clause applies. If a payload is being
launched by use of an ELV in support of the Space Station program, the
contracting officer shall insert the clause prescribed by paragraph (d)
of this section and designate application of that particular launch.
(d) The contracting officer shall insert the clause at 1852.228-76,
Cross-Waiver of Liability for Space Station Activities, in
solicitations and contracts of $100,000 or more when the work is to be
performed involves ``Protected Space Operations'' (relating to the
Space Station) as that term is defined in the clause.
(e) At the contracting officer's discretion, the clauses prescribed
by paragraphs (b), (c), and (d) of this section may be used in
solicitations, contracts, new work modifications, or extensions, to
existing contracts under $100,000 involving Space Shuttle activities,
ELV launch services, or Space Station activities, respectively, in
appropriate circumstances. Examples of such circumstances are when the
value of contractor property on a Government installation used in
performance of the contract is significant, or when it is likely that
the contractor or subcontractor will have its valuable property exposed
to risk or damage caused by other participants in the Space Shuttle
services, ELV launches, or Space Station activities.
PART 1852--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
4. Section 1852.228-72 is revised to read as follows:
1852.228-72 Cross-Waiver of liability for space shuttle services.
As prescribed in 1828.371 (b) and (e), insert the following clause:
Cross-Waiver of Liability for Space Shuttle Services (Sep 1993)
(a) As prescribed by regulation (14 CFR part 1266), NASA
agreements involving Space Shuttle flights are required to contain
broad cross-waivers of liability among the parties and the parties
related entities to encourage participation in space exploration,
use, and investment. The purpose of this clause is to extend this
cross-waiver requirement to Contractors and related entities under
their contracts. This cross-waiver of liability shall be broadly
construed to achieve the objective of encouraging participation in
space activities.
(b) As used in this clause, the term:
(1) Contractors and Subcontractors include suppliers of any
kind.
(2) Damage means:
(i) Bodily injury to, or other impairment of health of, or death
of, any person;
(ii) Damage to, loss of, or loss of use of any property;
(iii) Loss of revenue or profits; or
(iv) Other direct, indirect, or consequential damage;
(3) Party means a person or entity that signs an agreement
involving a Space Shuttle service;
(4) Payload means all property to be flown or used on or in the
Space Shuttle; and
(5) Protected Space Operations means all Space Shuttle and
payload activities on Earth, in outer space, or in transit between
Earth and outer space performed in furtherance of an agreement
involving Space Shuttle services or performed under this contract.
``Protected Space Operations'' excludes activities on Earth which
are conducted on return from space to develop further a payload's
product or process except when such development is for Space
Shuttle-related activities necessary to implement an agreement
involving Space Shuttle services or to perform this contract. It
includes, but is not limited to:
(i) Research, design, development, test, manufacture, assembly,
integration, operation, or use of the Space Shuttle, transfer
vehicles, payloads, related support equipment, and facilities and
services;
(ii) All activities related to ground support, test, training,
simulation, or guidance and control equipment and related facilities
or services.
(6) Related entity means:
(i) A party's Contractors or subcontractors at any tier;
(ii) A party's users or customers at any tier; or
(iii) A Contractor or subcontractor of a party's user or
customer at any tier.
(c) (1) The Contractor agrees to a waiver of liability pursuant
to which the Contractor waives all claims against any of the
entities or persons listed in paragraph (c)(1)(i) through
(c)(1)(iii) of this clause based on damage arising out of Protected
Space Operations. This waiver shall apply only if the person,
entity, or property causing the damage is involved in Protected
Space Operations and the person, entity, or property damaged is
damaged by virtue of its involvement in Protected Space Operations.
This waiver shall apply to any claims for damage, whatever the legal
basis for such claims, including but not limited to delict (a term
used in civil law countries to denote a class of cases similar to
tort) and tort (including negligence of every degree and kind) and
contract, against:
(i) Any party other than the Government;
(ii) A related entity of any party other than the Government;
and
(iii) The employees of any of the entities identified in
(c)(1)(i) and (c)(1)(ii) of this clause.
(2) The Contractor agrees to extend the waiver of liability as
set forth in paragraph (c)(1) of this clause to subcontractors at
any tier by requiring them, by contract or otherwise, to agree to
waive all claims against the entities or persons identified in
paragraphs (c)(1)(i) through (c)(1)(iii) of this clause.
(3) For avoidance of doubt, this cross-waiver includes a cross-
waiver of liability arising from the Convention on International
Liability for Damage Caused by Space Objects, (March 29, 1972, 24
United States Treaties and other International Agreements (U.S.T.)
2389, Treaties and Other International Acts Series (T.I.A.S.) No.
7762 in which the person, entity, or property causing the damage is
involved in Protection Space Operations, and the person, entity, or
property damaged is damaged by virtue of its involvement in
Protected Space Operations.
(4) Notwithstanding the other provisions of this clause, this
waiver of liability shall not be applicable to:
(i) Claims between any party and its related entities or claims
between the Government's related entities (e.g., claims between the
Government and the Contractor are included within this exception);
(ii) Claims made by a natural person, his/her estate, survivors,
or subrogees for injury or death of such natural person;
(iii) Claims for damage caused by willful misconduct; and
(iv) Intellectual property claims.
(5) Nothing in this clause shall be construed to create the
basis for a claim or suit where none would otherwise exist.
(End of clause)
5. Section 1852.228-76 is revised to read as follows:
1852.228-76 Cross-Waiver of liability for space station activities.
As prescribed in 1828.371(d) and (e), insert the following clause:
Cross-Waiver of Liability for Space Station Activities (Dec 1994)
(a) The Intergovernmental Agreement for the Space Station
contains a broad cross-waiver provision to encourage participation
in the exploration and use of outer space through the Space Station.
The purpose of this clause is to extend this cross-waiver
requirement to Contractors and subcontractors as related entities of
NASA. This cross-waiver of liability shall be broadly construed to
achieve this objective of encouraging participation in space
activities.
(b) As used in this clause, the term:
(1) Damage means:
(i) Bodily injury to, or other impairment of health of, or death
of, any person;
(ii) Damage to, loss of, or loss of use of any property;
(iii) Loss of revenue or profits; or
(iv) Other direct, indirect, or consequential damage.
(2) Launch Vehicle means an object (or any part thereof)
intended for launch, launched from Earth, or returning to Earth
which carries payloads or persons, or both.
(3) Partner State means each contracting party for which the
``Agreement among the Government of the United States of America,
Governments of Member States of the European Space Agency,
Government of Japan, and the Government of Canada on Cooperation in
the Detailed Design, Development, Operation, and Utilization of the
Permanently Manned Civil Space Station'' (the ``Intergovernmental
Agreement'') has entered into force, in accordance with Article 25
of the Intergovermental Agreement, and also includes any future
signatories of the Intergovernmental Agreement. It includes the
Cooperating Agency of a Partner State. The National Aeronautics and
Space Administration (NASA) for the United States, the Canadian
Space Agency (CSA) for the Government of Canada, the European Space
Agency (ESA) and the Science and Technology Agency of Japan (STA)
are the Cooperating Agencies responsible for implementing Space
Station cooperation. A Partner State also includes any entity
specified to the Memorandum of Understanding (MOU) between NASA and
the Government of Japan to assist the Government of Japan
Cooperating Agency in the implementation of that MOU.
(4) Payload means all property to be flown or used on or in a
launch vehicle or the Space Station.
(5) Protected Space Operations means all launch vehicle
activities, space station activities, and payload activities on
Earth, in outer space, or in transit between Earth and outer space
performed in furtherance of the Intergovernmental Agreement or
performed under this contract. ``Protected Space Operations'' also
includes all activities related to evolution of the Space Station as
provided for in Article 14 of the Intergovernmental Agreement.
``Protected Space Operations'' excludes activities on Earth which
are conducted on return from the Space Station to develop further a
payload's product or process except when such development is for
Space Station-related activities in implementation of the
Intergovernmental Agreement or in performance of this contract. It
includes, but is not limited to:
(i) Research, design, development, test, manufacture, assembly,
integration, operation, or use of launch or transfer vehicles,
payloads, related support equipment, and facilities and services;
(ii) All activities related to ground support, test, training,
simulation, or guidance and control equipment and related facilities
or services.
(6) Related entity means:
(i) A Partner State's Contractors or sub-contractors at any
tier;
(ii) A Partner State's users or customers at any tier; or
(iii) A Contractor or subcontractor of a Partner States's user
or customer at any tier.
(7) Contractors and Subcontractors include suppliers of any
kind.
(c) (1) The Contractor agrees to a cross-waiver of liability
pursuant to which the Contractor waives all claims against any of
the entities or persons listed in paragraphs (c)(1)(i) through
(c)(1)(iii) of this clause based on damage arising out of Protected
Space Operations. This waiver shall apply only if the person,
entity, or property causing the damage is involved in Protected
Space Operations and the person, entity, or property damaged is
damaged by virtue of its involvement in Protected Space Operations.
The cross-waiver shall apply to any claims for damage, whatever the
legal basis for such claims, including but not limited to delict (a
term used in civil law countries to denote a class of cases similar
to tort) and tort (including negligence of every degree and kind)
and contract against:
(i) Any Partner State other than the United States;
(ii) A related entity of any Partner State other than the United
States; and
(iii) The employee of any of the entities identified in
paragraphs (c)(1) (i) and (ii) of this clause.
(2) The Contractor agrees to extend the waiver of liability as
set forth in paragraph (c)(1) of this clause to subcontractors at
any tier by requiring them, by contract or otherwise, to agree to
waive all claims against the entities or persons identified in
paragraphs (c)(1)(i) through (c)(1)(iii) of this clause.
(3) For avoidance of doubt, this cross-waiver includes a cross-
waiver of liability arising from the Convention on International
Liability for Damage Caused by Space Objects, (March 29, 1972, 24
United States Treaties and other International Agreements (U.S.T.)
2389, Treaties and other International Acts Series (T.I.A.S.) No.
7762) in which the person, entity, or property causing the damage is
involved in Protected Space Operations.
(4) Notwithstanding the other provisions of this clause, this
cross-waiver of liability shall not be applicable to:
(i) Claims between the United States and its related entities or
claims between the related entities of any Partner State (e.g.,
claims between the Government and the Contractor are included within
this exception);
(ii) Claims made by a natural person, his/her estate, survivors,
or subrogees for injury or death of such natural person;
(iii) Claims for damage caused by willful misconduct; and
(iv) Intellectual property claims.
(5) Nothing in this clause shall be construed to create the
basis for a claim or suit where none would otherwise exist.
(End of clause)
6. Section 1852.228-78 is revised to read as follows:
1852.228-78 Cross-Waiver of liability for NASA expendable launch
vehicle launches.
As prescribed in 1828.371 (c) and (e), insert the following clause:
Cross-Waiver of Liability for NASA Expendable Launch Vehicle (ELV)
Launches (Sep 1993)
(a) As prescribed by regulation (14 CFR part 1266), NASA
agreements involving ELV launches are required to contain broad
cross-waivers of liability among the parties and the parties related
entities to encourage participation in space exploration, use, and
investment. The purpose of this clause is to extend this cross-
waiver requirement to contractors and subcontractors as related
entities of NASA. This cross-waiver of liability shall be broadly
construed to achieve the objective of encouraging participation in
space activities.
(b) As used in this clause, the term:
(1) Contractors and Subcontractors include suppliers of any
kind.
(2) Damage means:
(i) Bodily injury to, or other impairment of health of, or death
of, any person;
(ii) Damage to, loss of, or loss of use of any property;
(iii) Loss of revenue or profits; or
(iv) Other direct, indirect, or consequential damage;
(3) Party means a person or entity that signs an agreement
involving an ELV launch;
(4) Payload means all property to be flown or used on or in the
ELV; and
(5) Protected Space Operations means all ELV and payload
activities on Earth, in outer space, or in transit between Earth and
outer space performed in furtherance of an agreement involving an
ELV launch or performed under the contract. ``Protected Space
Operations'' excludes activities on Earth which are conducted on
return from space to develop further a payload's product or process
except when such development is for ELV-related activities necessary
to implement an agreement involving an ELV launch or to perform this
contract. It includes, but is not limited to:
(i) Research, design, development, test, manufacture, assembly,
integration, operation, or use of ELVs, transfer vehicles, payloads,
related support equipment, and facilities and services;
(ii) All activities related to ground support, test, training,
simulation, or guidance and control equipment and related facilities
or services.
(6) Related entity means:
(i) A party's Contractors or subcontractors at any tier;
(ii) A party's users or customers at any tier; and
(iii) A Contractor or subcontractor of a party's user or
customer at any tier.
(c) (1) The Contractor agrees to a waiver of liability pursuant
to which the Contractor waives all claims against any of the
entities or persons listed in paragraphs (c)(1)(i) through
(c)(1)(iii) of this clause based on damage arising out of Protected
Space Operations. This waiver shall apply only if the person,
entity, or property causing the damage is involved in Protected
Space Operations and the persons, entity, or property damaged is
damaged by virtue of its involvement in Protected Space Operations.
The waiver shall apply to any claims for damage, whatever the legal
basis for such claims, including but not limited to delict (a term
used in civil law countries to denote a class of cases similar to
tort) and tort (including negligence of every degree and kind) and
contract, against:
(i) Any party other than the Government;
(ii) A related entity of any party other than the Government;
and
(iii) The employees of any of the entities identified in (c)(1)
(i) and (ii) of this clause.
(2) The Contractor agrees to extend the waiver of liability as
set forth in paragraph (c)(1) of this clause to subcontractors at
any tier by requiring them, by contract or otherwise, to agree to
waive all claims against the entities or persons identified in
paragraphs (c)(1)(i) through (c)(1)(iii) of this clause.
(3) For avoidance of doubt, this cross-waiver includes a cross-
waiver of liability arising from the Convention on International
Liability for Damage Caused by Space Objects, (March 29, 1972, 24
United States Treaties and other International Agreements (U.S.T.)
2389, Treaties and other International Acts Series (T.I.A.S.) No.
7762) in which the person, entity, or property causing the damage is
involved in Protected Space Operations.
(4) Notwithstanding the other provisions of this clause, this
cross-waiver of liability shall not be applicable to:
(i) Claims between any party and its related entities or claims
between any party's related entities (e.g., claims between the
Government and the Contractor are included within this exception);
(ii) Claims made by a natural person, his/her estate, survivors,
or subrogees for injury or death of such natural person;
(iii) Claims for damage caused by willful misconduct; and
(iv) Intellectual property claims.
(5) Nothing in this clause shall be construed to create the
basis for a claim or suit where none would otherwise exist.
(6) This cross-waiver shall not be applicable when the
Commercial Space Launch Act cross-waiver (49 U.S.C. App. 2615) is
applicable.
(End of clause)
[FR Doc. 94-31147 Filed 12-20-94; 8:45 am]
BILLING CODE 7510-01-M