[Code of Federal Regulations]
[Title 14, Volume 4]
[Revised as of January 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 14CFR440.17]

[Page 878]
 
                     TITLE 14--AERONAUTICS AND SPACE
 
     CHAPTER III--COMMERCIAL SPACE TRANSPORTATION, FEDERAL AVIATION 
              ADMINISTRATION, DEPARTMENT OF TRANSPORTATION
 
PART 440_FINANCIAL RESPONSIBILITY--Table of Contents
 
Subpart A_Financial Responsibility for Licensed and Permitted Activities
 
Sec. 440.17  Reciprocal waiver of claims requirements.

    (a) As a condition of each license or permit, the licensee or 
permittee must comply with the reciprocal waiver of claims requirements 
of this section.
    (b) The licensee or permittee shall implement a reciprocal waiver of 
claims with each of its contractors and subcontractors, each customer 
and each of the customer's contractors and subcontractors, under which 
each party waives and releases claims against all the other parties to 
the waiver and agrees to assume financial responsibility for property 
damage it sustains and for bodily injury or property damage sustained by 
its own employees, and to hold harmless and indemnify each other from 
bodily injury or property damage sustained by its employees, resulting 
from a licensed or permitted activity, regardless of fault.
    (c) For each licensed or permitted activity in which the U.S. 
Government, any agency, or its contractors and subcontractors is 
involved or where property insurance is required under Sec. 440.9(d), 
the Federal Aviation Administration of the Department of Transportation, 
the licensee or permittee, and its customer shall enter into a three-
party reciprocal waiver of claims agreement. The three-party reciprocal 
waiver of claims shall be in the form set forth in Appendix B of this 
part, for licensed activity, or Appendix C of this part, for permitted 
activity, of this part or in a form that satisfies the requirements.
    (d) The licensee or permittee, its customer, and the Federal 
Aviation Administration of the Department of Transportation on behalf of 
the United States and its agencies but only to the extent provided in 
legislation, must agree in any waiver of claims agreement required under 
this part to indemnify another party to the agreement from claims by the 
indemnifying party's contractors and subcontractors arising out of the 
indemnifying party's failure to implement properly the waiver 
requirement.
    (e) For each licensed or permitted activity in which the U.S. 
Government, any of its agencies, or its contractors and subcontractors 
are involved, the Federal Aviation Administration of the Department of 
Transportation and each space flight participant shall enter into or 
have in place a reciprocal waiver of claims agreement in the form of the 
agreement in Appendix E of this part or that satisfies its requirements.
    (f) For each licensed or permitted activity in which the U.S. 
Government, any of its agencies, or its contractors and subcontractors 
is involved, the Federal Aviation Administration of the Department of 
Transportation and each crew member shall enter into or have in place a 
reciprocal waiver of claims agreement in the form of the agreement in 
Appendix D of this part or that satisfies its requirements.