[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: 14CFR440.19]
[Page 878-891]
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. 440.19 United States payment of excess third-party liability claims.
(a) The United States pays successful covered claims (including
reasonable expenses of litigation or settlement) of a third party
against a licensee, a customer, and the contractors and subcontractors
of the licensee and the customer, and the employees of each involved in
licensed activities, and the contractors and subcontractors of the
United States and its agencies, and their employees, involved in
licensed activities to the extent provided in an appropriation law or
other legislative authority providing for payment of claims in
accordance with 49 U.S.C. 70113, and to the extent the total amount of
such covered claims arising out of any particular launch or reentry:
(1) Exceeds the amount of insurance required under Sec. 440.9(b);
and
(2) Is not more than $1,500,000,000 (as adjusted for inflation
occurring after January 1, 1989) above that amount.
(b) Payment by the United States under paragraph (a) of this section
shall not be made for any part of such
[[Page 879]]
claims for which bodily injury or property damage results from willful
misconduct by the party seeking payment.
(c) The United States shall provide for payment of claims by third
parties for bodily injury or property damage that are payable under 49
U.S.C. 70113 and not covered by required insurance under Sec. 440.9(b),
without regard to the limitation under paragraph (a)(1) of this section,
because of an insurance policy exclusion that is usual. A policy
exclusion is considered usual only if insurance covering the excluded
risk is not commercially available at reasonable rates. The licensee
must submit a certification in accordance with Sec. 440.15(c)(1)(iii)
of this part for the United States to cover the claims.
(d) Upon the expiration of the policy period prescribed in
accordance with Sec. 440.11(a), the United States shall provide for
payment of claims that are payable under 49 U.S.C. 70113 from the first
dollar of loss up to $1,500,000,000 (as adjusted for inflation occurring
after January 1, 1989).
(e) Payment by the United States of excess third-party claims under
49 U.S.C. 70113 shall be subject to:
(1) Prompt notice by the licensee to the FAA that the total amount
of claims arising out of licensed activities exceeds, or is likely to
exceed, the required amount of financial responsibility. For each claim,
the notice must specify the nature, cause, and amount of the claim or
lawsuit associated with the claim, and the party or parties who may
otherwise be liable for payment of the claim;
(2) Participation or assistance in the defense of the claim or
lawsuit by the United States, at its election;
(3) Approval by the FAA of any settlement, or part of a settlement,
to be paid by the United States; and
(4) Approval by Congress of a compensation plan prepared by the FAA
and submitted by the President.
(f) The FAA will:
(1) Prepare a compensation plan outlining the total amount of claims
and meeting the requirements set forth in 49 U.S.C. 70113;
(2) Recommend sources of funds to pay the claims; and
(3) Propose legislation as required to implement the plan.
(g) The FAA may withhold payment of a claim if it finds that the
amount is unreasonable, unless it is the final order of a court that has
jurisdiction over the matter.
Appendix A to Part 440--Information Requirements for Obtaining a Maximum
Probable Loss Determination for Licensed or Permitted Activities
Any person requesting a maximum probable loss determination shall
submit the following information to the FAA, unless the FAA has waived a
particular information requirement under 14 CFR 440.7(c):
Part 1: Information Requirements for Licensed Launch, Including
Suborbital Launch
I. General Information
A. Mission description.
1. A description of mission parameters, including:
a. Launch trajectory;
b. Orbital inclination; and
c. Orbit altitudes (apogee and perigee).
2. Flight sequence.
3. Staging events and the time for each event.
4. Impact locations.
5. Identification of the launch site facility, including the launch
complex on the site, planned date of launch, and launch windows.
6. If the applicant has previously been issued a license or permit
to conduct activities using the same vehicle from the same launch site,
a description of any differences planned in the conduct of proposed
activities.
B. Launch vehicle description.
1. General description of the launch vehicle and its stages,
including dimensions.
2. Description of major systems, including safety systems.
3. Description of rocket motors and type of fuel used.
4. Identification of all propellants to be used and their hazard
classification under the Hazardous Materials Table, 49 CFR 172.101.
5. Description of hazardous components.
C. Payload.
1. General description of the payload, including type (e.g.,
telecommunications, remote sensing), propellants, and hazardous
components or materials, such as toxic or radioactive substances.
D. Flight safety system.
1. Identification of any flight safety system on the vehicle,
including a description of operations and component location on the
vehicle.
[[Page 880]]
II. Pre-Flight Processing Operations
A. General description of pre-flight operations including vehicle
processing consisting of an operational flow diagram showing the overall
sequence and location of operations, commencing with arrival of vehicle
components at the launch site facility through final safety checks and
countdown sequence, and designation of hazardous operations, as defined
in 14 CFR 440.3. For purposes of these information requirements, payload
processing, as opposed to integration, is not a hazardous operation.
B. For each hazardous operation, including but not limited to
fueling, solid rocket motor build-up, ordnance installation, ordnance
checkout, movement of hazardous materials, and payload integration:
1. Identification of location where each operation will be
performed, including each building or facility identified by name or
number.
2. Identification of facilities adjacent to the location where each
operation will be performed and therefore exposed to risk, identified by
name or number.
3. Maximum number of Government personnel and individuals not
involved in licensed activities who may be exposed to risk during each
operation. For Government personnel, identification of his or her
employer.
4. Identification of launch site policies or requirements applicable
to the conduct of operations.
III. Flight Operations
A. Identification of launch site facilities exposed to risk during
licensed flight.
B. Identification of accident failure scenarios, probability
assessments for each, and estimation of risks to Government personnel,
individuals not involved in licensed activities, and Government
property, due to property damage or bodily injury. The estimation of
risks for each scenario shall take into account the number of such
individuals at risk as a result of lift-off and flight of a launch
vehicle (on-range, off-range, and down-range) and specific, unique
facilities exposed to risk. Scenarios shall cover the range of launch
trajectories, inclinations and orbits for which authorization is sought
in the license application.
C. On-orbit risk analysis assessing risks posed by a launch vehicle
to operational satellites.
D. Reentry risk analysis assessing risks to Government personnel and
individuals not involved in licensed activities as a result of
reentering debris or reentry of the launch vehicle or its components.
E. Trajectory data as follows: Nominal and 3-sigma lateral
trajectory data in x, y, z and x (dot), y (dot), z (dot) coordinates in
one-second intervals, data to be pad-centered with x being along the
initial launch azimuth and continuing through impact for suborbital
flights, and continuing through orbital insertion or the end of powered
flight for orbital flights.
F. Tumble-turn data for guided vehicles only, as follows: For
vehicles with gimbaled nozzles, tumble turn data with zeta angles and
velocity magnitudes stated. A separate table is required for each
combination of fail times (every two to four seconds), and significant
nozzle angles (two or more small angles, generally between one and five
degrees).
G. Identification of debris lethal areas and the projected number
and ballistic coefficient of fragments expected to result from flight
termination, initiated either by command or self-destruct mechanism, for
lift-off, land overflight, and reentry.
IV. Post-Flight Processing Operations
A. General description of post-flight ground operations including
overall sequence and location of operations for removal of vehicle
components and processing equipment from the launch site facility and
for handling of hazardous materials, and designation of hazardous
operations.
B. Identification of all facilities used in conducting post-flight
processing operations.
C. For each hazardous operation:
1. Identification of location where each operation is performed,
including each building or facility identified by name or number.
2. Identification of facilities adjacent to location where each
operation is performed and exposed to risk, identified by name or
number.
3. Maximum number of Government personnel and individuals not
involved in licensed launch activities that may be exposed to risk
during each operation. For Government personnel, identification of his
or her employer.
4. Identification of launch site facility policies or requirements
applicable to the conduct of operations.
Part 2: Information Requirements for Licensed Reentry
I. General Information
A. Reentry mission description.
1. A description of mission parameters, including:
a. Orbital inclination; and
b. Orbit altitudes (apogee and perigee).
c. Reentry trajectories.
2. Reentry flight sequences.
3. Reentry initiation events and the time for each event.
4. Nominal landing location, alternative landing sites and
contingency abort sites.
5. Identification of landing facilities, (planned date of reentry),
and reentry windows.
[[Page 881]]
6. If the applicant has previously been issued a license or permit
to conduct reentry activities using the same reentry vehicle to the same
reentry site facility, a description of any differences planned in the
conduct of proposed activities.
B. Reentry vehicle description.
1. General description of the reentry vehicle, including dimensions.
2. Description of major systems, including safety systems.
3. Description of propulsion system (reentry initiation system) and
type of fuel used.
4. Identification of all propellants to be used and their hazard
classification under the Hazardous Materials Table, 49 CFR 172.101.
5. Description of hazardous components.
C. Payload.
1. General description of any payload, including type (e.g.,
telecommunications, remote sensing), propellants, and hazardous
components or materials, such as toxic or radioactive substances.
D. Flight Safety System.
1. Identification of any flight safety system on the reentry
vehicle, including a description of operations and component location on
the vehicle.
II. Flight Operations
A. Identification of reentry site facilities exposed to risk during
vehicle reentry and landing.
B. Identification of accident failure scenarios, probability
assessments for each, and estimation of risks to Government personnel,
individuals not involved in licensed reentry, and Government property,
due to property damage or bodily injury. The estimation of risks for
each scenario shall take into account the number of such individuals at
risk as a result of reentry (flight) and landing of a reentry vehicle
(on-range, off-range, and down-range) and specific, unique facilities
exposed to risk. Scenarios shall cover the range of reentry trajectories
for which authorization is sought.
C. On-orbit risk analysis assessing risks posed by a reentry vehicle
to operational satellites during reentry.
D. Reentry risk analysis assessing risks to Government personnel and
individuals not involved in licensed activities as a result of
inadvertent or random reentry of the launch vehicle or its components.
E. Nominal and 3-sigma dispersed trajectories in one-second
intervals, from reentry initiation through landing or impact.
(Coordinate system will be specified on a case-by-case basis)
F. Three-sigma landing or impact dispersion area in downrange
() and crossrange
() measured from the nominal and contingency
landing or impact target. The applicant is responsible for including all
significant landing or impact dispersion constituents in the
computations of landing or impact dispersion areas. The dispersion
constituents should include, but not be limited to: Variation in orbital
position and velocity at the reentry initiation time; variation in re-
entry initiation time offsets, either early or late; variation in the
bodies' ballistic coefficient; position and velocity variation due to
winds; and variations in re-entry retro-maneuvers.
G. Malfunction turn data (tumble, trim) for guided (controllable)
vehicles. The malfunction turn data shall include the total angle turned
by the velocity vector versus turn duration time at one second
intervals; the magnitude of the velocity vector versus turn duration
time at one second intervals; and an indication on the data where the
re-entry body will impact the Earth, or breakup due to aerodynamic
loads. A malfunction turn data set is required for each malfunction
time. Malfunction turn start times shall not exceed four-second
intervals along the trajectory.
H. Identification of debris casualty areas and the projected number
and ballistic coefficient of fragments expected to result from each
failure mode during reentry, including random reentry.
III. Post-Flight Processing Operations
A. General description of post-flight ground operations including
overall sequence and location of operations for removal of vehicle and
components and processing equipment from the reentry site facility and
for handling of hazardous materials, and designation of hazardous
operations.
B. Identification of all facilities used in conducting post-flight
processing operations.
C. For each hazardous operation:
1. Identification of location where each operation is performed,
including each building or facility identified by name or number.
2. Identification of facilities adjacent to location where each
operation is performed and exposed to risk, identified by name or
number.
3. Maximum number of Government personnel and individuals not
involved in licensed reentry activities who may be exposed to risk
during each operation. For Government personnel, identification of his
or her employer.
4. Identify and provide reentry site facility policies or
requirements applicable to the conduct of operations.
Part 3: Information Requirements for Permitted Activities
In addition to the information required in part 437 subpart B, an
applicant for an experimental permit must provide, for each permitted
pre-flight and post-flight operation, the following information to the
FAA:
[[Page 882]]
A. Identification of location where each operation will be
performed, including any U.S. Government or third party facilities
identified by name or number.
B. Identification of any U.S. Government or third party facilities
adjacent to the location where each operation will be performed and
therefore exposed to risk, identified by name or number.
C. Maximum number of Government personnel and individuals not
involved in permitted activities that may be exposed to risk during each
operation. For Government personnel, identification of his or her
employer.
Appendix B to Part 440--Agreement for Waiver of Claims and Assumption of
Responsibility for Licensed Activities
Part 1--Waiver of Claims and Assumption of Responsibility for Licensed
Launch, including Suborbital Launch
THIS AGREEMENT is entered into this----day of--------, by and among
[Licensee] (the ``Licensee''), [Customer] (the ``Customer'') and the
Federal Aviation Administration of the Department of Transportation, on
behalf of the United States Government (collectively, the ``Parties''),
to implement the provisions of section 440.17(c) of the Commercial Space
Transportation Licensing Regulations, 14 CFR Ch. III (the
``Regulations''). This agreement applies to the launch of [Payload]
payload on a [Launch Vehicle] vehicle at [Location of Launch Site]. In
consideration of the mutual releases and promises contained herein, the
Parties hereby agree as follows:
1. Definitions
Contractors and Subcontractors means entities described in Sec.
440.3 of the Regulations.
Customer means the above-named Customer on behalf of the Customer
and any person described in Sec. 440.3 of the Regulations.
License means License No.----issued on--------, by the Associate
Administrator for Commercial Space Transportation, Federal Aviation
Administration, Department of Transportation, to the Licensee, including
all license orders issued in connection with the License.
Licensee means the Licensee and any transferee of the Licensee under
49 U.S.C. Subtitle IX, ch. 701.
United States means the United States and its agencies involved in
Licensed Activities.
Except as otherwise defined herein, terms used in this Agreement and
defined in 49 U.S.C. Subtitle IX, ch. 701--Commercial Space Launch
Activities, or in the Regulations, shall have the same meaning as
contained in 49 U.S.C. Subtitle IX, ch. 701, or the Regulations,
respectively.
2. Waiver and Release of Claims
(a) Licensee hereby waives and releases claims it may have against
Customer and the United States, and against their respective Contractors
and Subcontractors, for Property Damage it sustains and for Bodily
Injury or Property Damage sustained by its own employees, resulting from
Licensed Activities, regardless of fault.
(b) Customer hereby waives and releases claims it may have against
Licensee and the United States, and against their respective Contractors
and Subcontractors, for Property Damage it sustains and for Bodily
Injury or Property Damage sustained by its own employees, resulting from
Licensed Activities, regardless of fault.
(c) The United States hereby waives and releases claims it may have
against Licensee and Customer, and against their respective Contractors
and Subcontractors, for Property Damage it sustains, and for Bodily
Injury or Property Damage sustained by its own employees, resulting from
Licensed Activities, regardless of fault, to the extent that claims it
would otherwise have for such damage or injury exceed the amount of
insurance or demonstration of financial responsibility required under
sections 440.9(c) and (e), respectively, of the Regulations.
3. Assumption of Responsibility
(a) Licensee and Customer shall each be responsible for Property
Damage it sustains and for Bodily Injury or Property Damage sustained by
its own employees, resulting from Licensed Activities, regardless of
fault. Licensee and Customer shall each hold harmless and indemnify each
other, the United States, and the Contractors and Subcontractors of each
Party, for Bodily Injury or Property Damage sustained by its own
employees, resulting from Licensed Activities, regardless of fault.
(b) The United States shall be responsible for Property Damage it
sustains, and for Bodily Injury or Property Damage sustained by its own
employees, resulting from Licensed Activities, regardless of fault, to
the extent that claims it would otherwise have for such damage or injury
exceed the amount of insurance or demonstration of financial
responsibility required under sections 440.9(c) and (e), respectively,
of the Regulations.
4. Extension of Assumption of Responsibility and Waiver and Release of
Claims
(a) Licensee shall extend the requirements of the waiver and release
of claims, and the assumption of responsibility, hold harmless, and
indemnification, as set forth in paragraphs 2(a) and 3(a), respectively,
to its Contractors and Subcontractors by requiring them to waive and
release all claims they
[[Page 883]]
may have against Customer and the United States, and against the
respective Contractors and Subcontractors of each, and to agree to be
responsible, for Property Damage they sustain and to be responsible,
hold harmless and indemnify Customer and the United States, and the
respective Contractors and Subcontractors of each, for Bodily Injury or
Property Damage sustained by their own employees, resulting from
Licensed Activities, regardless of fault.
(b) Customer shall extend the requirements of the waiver and release
of claims, and the assumption of responsibility, hold harmless, and
indemnification, as set forth in paragraphs 2(b) and 3(a), respectively,
to its Contractors and Subcontractors by requiring them to waive and
release all claims they may have against Licensee and the United States,
and against the respective Contractors and Subcontractors of each, and
to agree to be responsible, for Property Damage they sustain and to be
responsible, hold harmless and indemnify Licensee and the United States,
and the respective Contractors and Subcontractors of each, for Bodily
Injury or Property Damage sustained by their own employees, resulting
from Licensed Activities, regardless of fault.
(c) The United States shall extend the requirements of the waiver
and release of claims, and the assumption of responsibility as set forth
in paragraphs 2(c) and 3(b), respectively, to its Contractors and
Subcontractors by requiring them to waive and release all claims they
may have against Licensee and Customer, and against the respective
Contractors and Subcontractors of each, and to agree to be responsible,
for any Property Damage they sustain and for any Bodily Injury or
Property Damage sustained by their own employees, resulting from
Licensed Activities, regardless of fault, to the extent that claims they
would otherwise have for such damage or injury exceed the amount of
insurance or demonstration of financial responsibility required under
sections 440.9(c) and (e), respectively, of the Regulations.
5. Indemnification
(a) Licensee shall hold harmless and indemnify Customer and its
directors, officers, servants, agents, subsidiaries, employees and
assignees, or any of them, and the United States and its agencies,
servants, agents, subsidiaries, employees and assignees, or any of them,
from and against liability, loss or damage arising out of claims that
Licensee's Contractors and Subcontractors may have for Property Damage
sustained by them and for Bodily Injury or Property Damage sustained by
their employees, resulting from Licensed Activities.
(b) Customer shall hold harmless and indemnify Licensee and its
directors, officers, servants, agents, subsidiaries, employees and
assignees, or any of them, and the United States and its agencies,
servants, agents, subsidiaries, employees and assignees, or any of them,
from and against liability, loss or damage arising out of claims that
Customer's Contractors and Subcontractors, or any person on whose behalf
Customer enters into this Agreement, may have for Property Damage
sustained by them and for Bodily Injury or Property Damage sustained by
their employees, resulting from Licensed Activities.
(c) To the extent provided in advance in an appropriations law or to
the extent there is enacted additional legislative authority providing
for the payment of claims, the United States shall hold harmless and
indemnify Licensee and Customer and their respective directors,
officers, servants, agents, subsidiaries, employees and assignees, or
any of them, from and against liability, loss or damage arising out of
claims that Contractors and Subcontractors of the United States may have
for Property Damage sustained by them, and for Bodily Injury or Property
Damage sustained by their employees, resulting from Licensed Activities,
to the extent that claims they would otherwise have for such damage or
injury exceed the amount of insurance or demonstration of financial
responsibility required under sections 440.9(c) and (e), respectively,
of the Regulations.
6. Assurances Under 49 U.S.C. 70112(e)
Notwithstanding any provision of this Agreement to the contrary,
Licensee shall hold harmless and indemnify the United States and its
agencies, servants, agents, employees and assignees, or any of them,
from and against liability, loss or damage arising out of claims for
Bodily Injury or Property Damage, resulting from Licensed Activities,
regardless of fault, except to the extent that: (i) As provided in
section 7(b) of this Agreement, claims result from willful misconduct of
the United States or its agents; (ii) claims for Property Damage
sustained by the United States or its Contractors and Subcontractors
exceed the amount of insurance or demonstration of financial
responsibility required under section 440.9(e) of the Regulations; (iii)
claims by a Third Party for Bodily Injury or Property Damage exceed the
amount of insurance or demonstration of financial responsibility
required under section 440.9(c) of the Regulations, and do not exceed
$1,500,000,000 (as adjusted for inflation after January 1, 1989) above
such amount, and are payable pursuant to the provisions of 49 U.S.C.
70113 and section 440.19 of the Regulations; or (iv) Licensee has no
liability for claims exceeding $1,500,000,000 (as adjusted for inflation
after
[[Page 884]]
January 1, 1989) above the amount of insurance or demonstration of
financial responsibility required under section 440.9(c) of the
Regulations.
7. Miscellaneous
(a) Nothing contained herein shall be construed as a waiver or
release by Licensee, Customer or the United States of any claim by an
employee of the Licensee, Customer or the United States, respectively,
including a member of the Armed Forces of the United States, for Bodily
Injury or Property Damage, resulting from Licensed Activities.
(b) Notwithstanding any provision of this Agreement to the contrary,
any waiver, release, assumption of responsibility or agreement to hold
harmless and indemnify herein shall not apply to claims for Bodily
Injury or Property Damage resulting from willful misconduct of any of
the Parties, the Contractors and Subcontractors of any of the Parties,
and in the case of Licensee and Customer and the Contractors and
Subcontractors of each of them, the directors, officers, agents and
employees of any of the foregoing, and in the case of the United States,
its agents.
(c) In the event that more than one customer is involved in Licensed
Activities, references herein to Customer shall apply to, and be deemed
to include, each such customer severally and not jointly.
(d) This Agreement shall be governed by and construed in accordance
with United States Federal law.
In witness whereof, the Parties to this Agreement have caused the
Agreement to be duly executed by their respective duly authorized
representatives as of the date written above.
Licensee
By:____________________________________________________________________
Its:___________________________________________________________________
Customer
By:____________________________________________________________________
Its:___________________________________________________________________
Federal Aviation Administration of the Department of Transportation on
Behalf of the United States Government
By:____________________________________________________________________
Its:___________________________________________________________________
Associate Administrator for Commercial Space Transportation
Part 2--Waiver of Claims and Assumption of Responsibility for Licensed
Reentry
This Agreement is entered into this ---- day of --------, by and
among [Licensee] (the ``Licensee''), [Customer] (the ``Customer''), and
the Federal Aviation Administration of the Department of Transportation,
on behalf of the United States Government (collectively, the
``Parties''), to implement the provisions of Sec. 440.17(c) of the
Commercial Space Transportation Licensing Regulations, 14 CFR Ch. III
(the ``Regulations''). This agreement applies to the reentry of the
[Payload] payload on a [Reentry Vehicle] vehicle.
In consideration of the mutual releases and promises contained
herein, the Parties hereby agree as follows:
1. Definitions
Contractors and Subcontractors means entities described in Sec.
440.3 of the Regulations.
Customer means the above-named Customer on behalf of the Customer
and any person described in Sec. 440.3 of the Regulations.
License means License No. ---- issued on --------, by the Associate
Administrator for Commercial Space Transportation, Federal Aviation
Administration, Department of Transportation, to the Licensee, including
all license orders issued in connection with the License.
Licensee means the Licensee and any transferee of the Licensee under
49 U.S.C. Subtitle IX, ch. 701.
United States means the United States and its agencies involved in
Licensed Activities.
Except as otherwise defined herein, terms used in this Agreement and
defined in 49 U.S.C. Subtitle IX, ch. 701--Commercial Space Launch
Activities, or in the Regulations, shall have the same meaning as
contained in 49 U.S.C. Subtitle IX, ch. 701, or the Regulations,
respectively.
2. Waiver and Release of Claims
(a) Licensee hereby waives and releases claims it may have against
Customer and the United States, and against their respective Contractors
and Subcontractors, for Property Damage it sustains and for Bodily
Injury or Property Damage sustained by its own employees, resulting from
Licensed Activities, regardless of fault.
(b) Customer hereby waives and releases claims it may have against
Licensee and the United States, and against their respective Contractors
and Subcontractors, for Property Damage it sustains and for Bodily
Injury or Property Damage sustained by its own employees, resulting from
Licensed Activities, regardless of fault.
(c) The United States hereby waives and releases claims it may have
against Licensee and Customer, and against their respective Contractors
and Subcontractors, for Property Damage it sustains, and for Bodily
Injury or Property Damage sustained by its own employees, resulting from
Licensed Activities, regardless of fault, to the extent that claims it
would otherwise have for such
[[Page 885]]
damage or injury exceed the amount of insurance or demonstration of
financial responsibility required under sections 440.9(c) and (e) of the
Regulations.
3. Assumption of Responsibility
(a) Licensee and Customer shall each be responsible for Property
Damage it sustains and for Bodily Injury or Property Damage sustained by
its own employees, resulting from Licensed Activities, regardless of
fault. Licensee and Customer shall each hold harmless and indemnify each
other, the United States, and the Contractors and Subcontractors of each
Party, for Bodily Injury or Property Damage sustained by its own
employees, resulting from Licensed Activities, regardless of fault.
(b) The United States shall be responsible for Property Damage it
sustains, and for Bodily Injury or Property Damage sustained by its own
employees, resulting from Licensed Activities, regardless of fault, to
the extent that claims it would otherwise have for such damage or injury
exceed the amount of insurance or demonstration of financial
responsibility required under Sec. Sec. 440.9(c) and (e) of the
Regulations.
4. Extension of Assumption of Responsibility and Waiver and Release of
Claims
(a) Licensee shall extend the requirements of the waiver and release
of claims, and the assumption of responsibility, hold harmless, and
indemnification, as set forth in paragraphs 2(a) and 3(a), respectively,
to its Contractors and Subcontractors by requiring them to waive and
release all claims they may have against Customer and the United States,
and against the respective Contractors and Subcontractors of each, and
to agree to be responsible, for Property Damage they sustain and to be
responsible, hold harmless and indemnify Customer and the United States,
and the respective Contractors and Subcontractors of each, for Bodily
Injury or Property Damage sustained by their own employees, resulting
from Licensed Activities, regardless of fault.
(b) Customer shall extend the requirements of the waiver and release
of claims, and the assumption of responsibility, hold harmless, and
indemnification, as set forth in paragraphs 2(b) and 3(a), respectively,
to its Contractors and Subcontractors by requiring them to waive and
release all claims they may have against Licensee and the United States,
and against the respective Contractors and Subcontractors of each, and
to agree to be responsible, for Property Damage they sustain and to be
responsible, hold harmless and indemnify Licensee and the United States,
and the respective Contractors and Subcontractors of each, for Bodily
Injury or Property Damage sustained by their own employees, resulting
from Licensed Activities, regardless of fault.
(c) The United States shall extend the requirements of the waiver
and release of claims, and the assumption of responsibility as set forth
in paragraphs 2(c) and 3(b), respectively, to its Contractors and
Subcontractors by requiring them to waive and release all claims they
may have against Licensee and Customer, and against the respective
Contractors and Subcontractors of each, and to agree to be responsible,
for any Property Damage they sustain and for any Bodily Injury or
Property Damage sustained by their own employees, resulting from
Licensed Activities, regardless of fault, to the extent that claims they
would otherwise have for such damage or injury exceed the amount of
insurance or demonstration of financial responsibility required under
Sec. Sec. 440.9(c) and (e) of the Regulations.
5. Indemnification
(a) Licensee shall hold harmless and indemnify Customer and its
directors, officers, servants, agents, subsidiaries, employees and
assignees, or any of them, and the United States and its agencies,
servants, agents, subsidiaries, employees and assignees, or any of them,
from and against liability, loss or damage arising out of claims that
Licensee's Contractors and Subcontractors may have for Property Damage
sustained by them and for Bodily Injury or Property Damage sustained by
their employees, resulting from Licensed Activities.
(b) Customer shall hold harmless and indemnify Licensee and its
directors, officers, servants, agents, subsidiaries, employees and
assignees, or any of them, and the United States and its agencies,
servants, agents, subsidiaries, employees assignees, or any of them,
from and against liability, loss or damage arising out of claims that
Customer's Contractors and Subcontractors, or any person on whose behalf
Customer enters into this Agreement, may have for Property Damage
sustained by them and for Bodily Injury or Property Damage sustained by
their employees, resulting from Licensed Activities.
(c) To the extent provided in advance in an appropriations law or to
the extent there is enacted additional legislative authority providing
for the payment of claims, the United States shall hold harmless and
indemnify Licensee and Customer and their respective directors,
officers, servants, agents, subsidiaries, employees and assignees, or
any of them, from and against liability, loss or damage arising out of
claims that Contractors and Subcontractors of the United States may have
for Property Damage sustained by them, and for Bodily Injury or Property
Damage sustained by their employees, resulting from Licensed Activities,
to the extent that claims they would otherwise have
[[Page 886]]
for such damage or injury exceed the amount of insurance or
demonstration of financial responsibility required under Sec. Sec.
440.9(c) and (e) of the Regulations.
6. Assurances Under 49 U.S.C. 70112(e)
Notwithstanding any provision of this Agreement to the contrary,
Licensee shall hold harmless and indemnify the United States and its
agencies, servants, agents, employees and assignees, or any of them,
from and against liability, loss or damage arising out of claims for
Bodily Injury or Property Damage, resulting from Licensed Activities,
regardless of fault, except to the extent that: (i) As provided in
section 7(b) of this Agreement, claims result from willful misconduct of
the United States or its agents; (ii) claims for Property Damage
sustained by the United States or its Contractors and Subcontractors
exceed the amount of insurance or demonstration of financial
responsibility required under Sec. 440.9(e) of the Regulations; (iii)
claims by a Third Party for Bodily Injury or Property Damage exceed the
amount of insurance or demonstration of financial responsibility
required under Sec. 440.9(c) of the Regulations, and do not exceed
$1,500,000,000 (as adjusted for inflation after January 1, 1989) above
such amount, and are payable pursuant to the provisions of 49 U.S.C.
70113 and Sec. 440.19 of the Regulations; or (iv) Licensee has no
liability for claims exceeding $1,500,000,000 (as adjusted for inflation
after January 1, 1989) above the amount of insurance or demonstration of
financial responsibility required under Sec. 440.9(c) of the
Regulations.
7. Miscellaneous
(a) Nothing contained herein shall be construed as a waiver or
release by Licensee, Customer or the United States of any claim by an
employee of the Licensee, Customer or the United States, respectively,
including a member of the Armed Forces of the United States, for Bodily
Injury or Property Damage, resulting from Licensed Activities.
(b) Notwithstanding any provision of this Agreement to the contrary,
any waiver, release, assumption of responsibility or agreement to hold
harmless and indemnify herein shall not apply to claims for Bodily
Injury or Property Damage resulting from willful misconduct of any of
the Parties, the Contractors and Subcontractors of any of the Parties,
and in the case of Licensee and Customer and the Contractors and
Subcontractors of each of them, the directors, officers, agents and
employees of any of the foregoing, and in the case of the United States,
its agents.
(c) In the event that more than one customer is involved in Licensed
Activities, references herein to Customer shall apply to, and be deemed
to include, each such customer severally and not jointly.
(d) This Agreement shall be governed by and construed in accordance
with United States Federal law.
In Witness Whereof, the Parties to this Agreement have caused the
Agreement to be duly executed by their respective duly authorized
representatives as of the date written above.
Licensee
By:____________________________________________________________________
Its:___________________________________________________________________
Customer
By:____________________________________________________________________
Its:___________________________________________________________________
Federal Aviation Administration of the Department of Transportation on
Behalf of the United States Government
By:____________________________________________________________________
Its:___________________________________________________________________
Associate Administrator for Commercial Space Transportation
Appendix C to Part 440--Agreement for Waiver of Claims and Assumption of
Responsibility for Permitted Activities
THIS AGREEMENT is entered into this ---- day of --------, by and
among [Permittee] (the ``Permittee''), [Customer] (the ``Customer'') and
the Federal Aviation Administration of the Department of Transportation,
on behalf of the United States Government (collectively, the
``Parties''), to implement the provisions of section 440.17(c) of the
Commercial Space Transportation Licensing Regulations, 14 CFR Ch. III
(the ``Regulations''). This agreement applies to [describe permitted
activity].
In consideration of the mutual releases and promises contained
herein, the Parties hereby agree as follows:
1. Definitions
Customer means the above-named Customer on behalf of the Customer
and any person described in Sec. 440.3 of the Regulations.
Permit means Permit No. ----issued on --------, by the Associate
Administrator for Commercial Space Transportation, Federal Aviation
Administration, Department of Transportation, to the Permittee,
including all permit orders issued in connection with the Permit.
Permittee means the holder of the Permit issued under 49 U.S.C.
Subtitle IX, ch. 701.
United States means the United States and its agencies involved in
Permitted Activities.
[[Page 887]]
Except as otherwise defined herein, terms used in this Agreement and
defined in 49 U.S.C. Subtitle IX, ch. 701--Commercial Space Launch
Activities, or in the Regulations, shall have the same meaning as
contained in 49 U.S.C. Subtitle IX, ch. 701, or the Regulations,
respectively.
2. Waiver and Release of Claims
(a) Permittee hereby waives and releases claims it may have against
Customer and the United States, and against their respective Contractors
and Subcontractors, for Property Damage it sustains and for Bodily
Injury or Property Damage sustained by its own employees, resulting from
Permitted Activities, regardless of fault.
(b) Customer hereby waives and releases claims it may have against
Permittee and the United States, and against their respective
Contractors and Subcontractors, for Property Damage it sustains and for
Bodily Injury or Property Damage sustained by its own employees,
resulting from Permitted Activities, regardless of fault.
(c) The United States hereby waives and releases claims it may have
against Permittee and Customer, and against their respective Contractors
and Subcontractors, for Property Damage it sustains resulting from
Permitted Activities, regardless of fault, to the extent that claims it
would otherwise have for such damage exceed the amount of insurance or
demonstration of financial responsibility required under section
440.9(e) of the Regulations.
3. Assumption of Responsibility
(a) Permittee and Customer shall each be responsible for Property
Damage it sustains and for Bodily Injury or Property Damage sustained by
its own employees, resulting from Permitted Activities, regardless of
fault. Permittee and Customer shall each hold harmless and indemnify
each other, the United States, and the Contractors and Subcontractors of
each Party, for Bodily Injury or Property Damage sustained by its own
employees, resulting from Permitted Activities, regardless of fault.
(b) The United States shall be responsible for Property Damage it
sustains, resulting from Permitted Activities, regardless of fault, to
the extent that claims it would otherwise have for such damage exceed
the amount of insurance or demonstration of financial responsibility
required under section 440.9(e) of the Regulations.
4. Extension of Assumption of Responsibility and Waiver and Release of
Claims
(a) Permittee shall extend the requirements of the waiver and
release of claims, and the assumption of responsibility, hold harmless,
and indemnification, as set forth in paragraphs 2(a) and 3(a),
respectively, to its Contractors and Subcontractors by requiring them to
waive and release all claims they may have against Customer and the
United States, and against the respective Contractors and Subcontractors
of each, and to agree to be responsible, for Property Damage they
sustain and to be responsible, hold harmless and indemnify Customer and
the United States, and the respective Contractors and Subcontractors of
each, for Bodily Injury or Property Damage sustained by their own
employees, resulting from Permitted Activities, regardless of fault.
(b) Customer shall extend the requirements of the waiver and release
of claims, and the assumption of responsibility, hold harmless, and
indemnification, as set forth in paragraphs 2(b) and 3(a), respectively,
to its Contractors and Subcontractors by requiring them to waive and
release all claims they may have against Permittee and the United
States, and against the respective Contractors and Subcontractors of
each, and to agree to be responsible, for Property Damage they sustain
and to be responsible, hold harmless and indemnify Permittee and the
United States, and the respective Contractors and Subcontractors of
each, for Bodily Injury or Property Damage sustained by their own
employees, resulting from Permitted Activities, regardless of fault.
(c) The United States shall extend the requirements of the waiver
and release of claims, and the assumption of responsibility as set forth
in paragraphs 2(c) and 3(b), respectively, to its Contractors and
Subcontractors by requiring them to waive and release all claims they
may have against Permittee and Customer, and against the respective
Contractors and Subcontractors of each, and to agree to be responsible,
for any Property Damage they sustain, resulting from Permitted
Activities, regardless of fault, to the extent that claims they would
otherwise have for such damage exceed the amount of insurance or
demonstration of financial responsibility required under section
440.9(e) of the Regulations.
5. Indemnification
(a) Permittee shall hold harmless and indemnify Customer and its
directors, officers, servants, agents, subsidiaries, employees and
assignees, or any of them, and the United States and its agencies,
servants, agents, subsidiaries, employees and assignees, or any of them,
from and against liability, loss or damage arising out of claims that
Permittee's Contractors and Subcontractors may have for Property Damage
sustained by them and for Bodily Injury or Property Damage sustained by
their employees, resulting from Permitted Activities.
(b) Customer shall hold harmless and indemnify Permittee and its
directors, officers, servants, agents, subsidiaries, employees and
[[Page 888]]
assignees, or any of them, and the United States and its agencies,
servants, agents, subsidiaries, employees and assignees, or any of them,
from and against liability, loss or damage arising out of claims that
Customer's Contractors and Subcontractors, or any person on whose behalf
Customer enters into this Agreement, may have for Property Damage
sustained by them and for Bodily Injury or Property Damage sustained by
their employees, resulting from Permitted Activities.
6. Assurances Under 49 U.S.C. 70112(e)
Notwithstanding any provision of this Agreement to the contrary,
Permittee shall hold harmless and indemnify the United States and its
agencies, servants, agents, employees and assignees, or any of them,
from and against liability, loss or damage arising out of claims for
Bodily Injury or Property Damage, resulting from Permitted Activities,
regardless of fault, except to the extent that it is provided in section
7(b) of this Agreement, except to the extent that claims (i) result from
willful misconduct of the United States or its agents and (ii) for
Property Damage sustained by the United States or its Contractors and
Subcontractors exceed the amount of insurance or demonstration of
financial responsibility required under section 440.9(e) of the
Regulations.
7. Miscellaneous
(a) Nothing contained herein shall be construed as a waiver or
release by Permittee, Customer or the United States of any claim by an
employee of the Permittee, Customer or the United States, respectively,
including a member of the Armed Forces of the United States, for Bodily
Injury or Property Damage, resulting from Permitted Activities.
(b) Notwithstanding any provision of this Agreement to the contrary,
any waiver, release, assumption of responsibility or agreement to hold
harmless and indemnify herein shall not apply to claims for Bodily
Injury or Property Damage resulting from willful misconduct of any of
the Parties, the Contractors and Subcontractors of any of the Parties,
and in the case of Permittee and Customer and the Contractors and
Subcontractors of each of them, the directors, officers, agents and
employees of any of the foregoing, and in the case of the United States,
its agents.
(c) In the event that more than one customer is involved in
Permitted Activities, references herein to Customer shall apply to, and
be deemed to include, each such customer severally and not jointly.
(d) This Agreement shall be governed by and construed in accordance
with United States Federal law.
IN WITNESS WHEREOF, the Parties to this Agreement have caused the
Agreement to be duly executed by their respective duly authorized
representatives as of the date written above.
Permittee
By:____________________________________________________________________
Its:___________________________________________________________________
Customer
By:____________________________________________________________________
Its:___________________________________________________________________
Federal Aviation Administration of the Department of Transportation on
Behalf of the United States Government
By:_____________________________________________________________________
Its:____________________________________________________________________
Associate Administrator for Commercial Space Transportation
Appendix D to Part 440--Agreement for Waiver of Claims and Assumption of
Responsibility for a Crew Member
THIS AGREEMENT is entered into this ---- day of --------, by and
among [name of Crew Member] (the ``Crew Member'') and the Federal
Aviation Administration of the Department of Transportation, on behalf
of the United States Government (collectively, the ``Parties''), to
implement the provisions of section 440.17(f) of the Commercial Space
Transportation Licensing Regulations, 14 CFR Ch. III (the
``Regulations''). This agreement applies to the Crew Member's
participation in activities that the FAA has authorized by license or
permit during the Crew Member's employment with [Name of licensee or
permittee].
In consideration of the mutual releases and promises contained
herein, the Parties hereby agree as follows:
1. Definitions
Crew Member means
(a) The above-named Crew Member,
(b) All the heirs, administrators, executors, assignees, next of
kin, and estate of the above-named Crew Member, and
(c) Anyone who attempts to bring a claim on behalf of the Crew
Member or for damage or harm arising out of the Bodily Injury, including
Death, of the Crew Member.
License/Permit means License/Permit No. -------- issued on --------,
by the Associate Administrator for Commercial Space Transportation,
Federal Aviation Administration, Department of Transportation, to the
Licensee/Permittee, including all license/permit orders issued in
connection with the License/Permit.
[[Page 889]]
Licensee/Permittee means the Licensee/Permittee and any transferee
of the Licensee under 49 U.S.C. Subtitle IX, ch. 701.
United States means the United States and its agencies involved in
Licensed/Permitted Activities.
Except as otherwise defined herein, terms used in this Agreement and
defined in 49 U.S.C. Subtitle IX, ch. 701--Commercial Space Launch
Activities, or in the Regulations, shall have the same meaning as
contained in 49 U.S.C. Subtitle IX, ch. 701, or the Regulations,
respectively.
2. Waiver and Release of Claims
(a) Crew Member hereby waives and releases claims it may have
against the United States, and against its respective Contractors and
Subcontractors, for Bodily Injury, including Death, or Property Damage
sustained by Crew Member, resulting from Licensed/Permitted Activities,
regardless of fault.
(b) The United States hereby waives and releases claims it may have
against the Crew Member for Property Damage it sustains, and for Bodily
Injury, including Death, or Property Damage sustained by its own
employees, resulting from Licensed/Permitted Activities, regardless of
fault.
3. Assumption of Responsibility
(a) The Crew Member shall be responsible for Bodily Injury,
including Death, or Property Damage sustained by Crew Member, resulting
from Licensed/Permitted Activities, regardless of fault. The Crew Member
shall hold harmless the United States, and the Contractors and
Subcontractors of each Party, for Bodily Injury, including Death, or
Property Damage sustained by Crew Member, resulting from Licensed/
Permitted Activities, regardless of fault.
(b) The United States shall be responsible for Property Damage it
sustains, and for Bodily Injury, including Death, or Property Damage
sustained by its own employees, resulting from Licensed Activities,
regardless of fault, to the extent that claims it would otherwise have
for such damage or injury exceed the amount of insurance or
demonstration of financial responsibility required under sections
440.9(c) and (e), respectively, of the Regulations.
(c) The United States shall be responsible for Property Damage it
sustains, resulting from Permitted Activities, regardless of fault, to
the extent that claims it would otherwise have for such damage exceed
the amount of insurance or demonstration of financial responsibility
required under section 440.9(e) of the Regulations.
4. Extension of Assumption of Responsibility and Waiver and Release of
Claims
(a) The United States shall extend the requirements of the waiver
and release of claims, and the assumption of responsibility as set forth
in paragraphs 2(b) and 3(b), respectively, to its Contractors and
Subcontractors by requiring them to waive and release all claims they
may have against Crew Member and to agree to be responsible, for any
Property Damage the Contractors and Subcontractors sustain and for any
Bodily Injury, including Death, or Property Damage sustained by their
own employees, resulting from Licensed Activities, regardless of fault.
(b) The United States shall extend the requirements of the waiver
and release of claims, and the assumption of responsibility as set forth
in paragraphs 2(b) and 3(c), respectively, to its Contractors and
Subcontractors by requiring them to waive and release all claims the
Contractors and Subcontractors may have against Crew Member and to agree
to be responsible, for any Property Damage they sustain, resulting from
Permitted Activities, regardless of fault.
5. Indemnification
Crew Member shall hold harmless and indemnify the United States and
its agencies, servants, agents, subsidiaries, employees and assignees,
or any of them, from and against liability, loss, or damage arising out
of claims brought by anyone for Property Damage or Bodily Injury,
including Death, sustained by Crew Member, resulting from Licensed/
Permitted Activities.
6. Assurances Under 49 U.S.C. 70112(e)
Notwithstanding any provision of this Agreement to the contrary,
Crew Member shall hold harmless the United States and its agencies,
servants, agents, employees and assignees, or any of them, from and
against liability, loss or damage arising out of claims for Bodily
Injury, including Death, or Property Damage, sustained by Crew Member,
resulting from Licensed/Permitted Activities, regardless of fault,
except to the extent that, as provided in section 6(b) of this
Agreement, claims result from willful misconduct of the United States or
its agents.
7. Miscellaneous
(a) Nothing contained herein shall be construed as a waiver or
release by the United States of any claim by an employee of the United
States, respectively, including a member of the Armed Forces of the
United States, for Bodily Injury or Property Damage, resulting from
Licensed/Permitted Activities.
[[Page 890]]
(b) Notwithstanding any provision of this Agreement to the contrary,
any waiver, release, assumption of responsibility or agreement to hold
harmless herein shall not apply to claims for Bodily Injury, including
Death, or Property Damage resulting from willful misconduct of any of
the Parties, the Contractors and Subcontractors of any of the Parties,
and in the case of the United States, its agents.
(c) This Agreement shall be governed by and construed in accordance
with United States Federal law.
IN WITNESS WHEREOF, the Parties to this Agreement have caused the
Agreement to be duly executed by their respective duly authorized
representatives as of the date written above.
I [name of Crew Member] have read and understand this agreement and
agree that I am bound by it.
Crew Member
Signature:_____________________________________________________________
Printed Name:__________________________________________________________
Federal Aviation Administration of the Department of Transportation on
Behalf of the United States Government
By:____________________________________________________________________
Its:___________________________________________________________________
Associate Administrator for Commercial Space Transportation
Appendix E to Part 440--Agreement for Waiver of Claims and Assumption of
Responsibility for a Space Flight Participant
THIS AGREEMENT is entered into this ---- day of --------, by and
among [name of Space Flight Participant] (the ``Space Flight
Participant'') and the Federal Aviation Administration of the Department
of Transportation, on behalf of the United States Government
(collectively, the ``Parties''), to implement the provisions of section
440.17(e) of the Commercial Space Transportation Licensing Regulations,
14 CFR Ch. III (the ``Regulations''). This agreement applies to Space
Flight Participant's travel on [name of launch or reentry vehicle] of
[name of Licensee or Permittee]. In consideration of the mutual releases
and promises contained herein, the Parties hereby agree as follows:
1. Definitions
Space Flight Participant means
(a) The above-named Space Flight Participant,
(b) All the heirs, administrators, executors, assignees, next of
kin, and estate of the above-named Space Flight Participant , and
(c) Anyone who attempts to bring a claim on behalf of the Space
Flight Participant or for damage or harm arising out of the Bodily
Injury, including Death, of the Space Flight Participant.
License/Permit means License/Permit No.-------- issued on --------,
by the Associate Administrator for Commercial Space Transportation,
Federal Aviation Administration, Department of Transportation, to the
Licensee/Permittee, including all license/permit orders issued in
connection with the License/Permit.
Licensee/Permittee means the Licensee/Permittee and any transferee
of the Licensee under 49 U.S.C. Subtitle IX, ch. 701.
United States means the United States and its agencies involved in
Licensed/Permitted Activities.
Except as otherwise defined herein, terms used in this Agreement and
defined in 49 U.S.C. Subtitle IX, ch. 701--Commercial Space Launch
Activities, or in the Regulations, shall have the same meaning as
contained in 49 U.S.C. Subtitle IX, ch. 701, or the Regulations,
respectively.
2. Waiver and Release of Claims
(a) Space Flight Participant hereby waives and releases claims it
may have against the United States, and against its respective
Contractors and Subcontractors, for Bodily Injury, including Death, or
Property Damage sustained by Space Flight Participant, resulting from
Licensed/Permitted Activities, regardless of fault.
(b) The United States hereby waives and releases claims it may have
against Space Flight Participant for Property Damage it sustains, and
for Bodily Injury, including Death, or Property Damage sustained by its
own employees, resulting from Licensed/Permitted Activities, regardless
of fault.
3. Assumption of Responsibility
(a) Space Flight Participant shall be responsible for Bodily Injury,
including Death, or Property Damage sustained by the Space Flight
Participant resulting from Licensed/Permitted Activities, regardless of
fault. Space Flight Participant shall hold harmless the United States,
and its Contractors and Subcontractors, for Bodily Injury, including
Death, or Property Damage sustained by Space Flight Participant from
Licensed/Permitted Activities, regardless of fault.
(b) The United States shall be responsible for Property Damage it
sustains, and for Bodily Injury, including Death, or Property Damage
sustained by its own employees, resulting from Licensed Activities,
regardless of fault, to the extent that claims it would otherwise have
for such damage or injury exceed the amount of insurance or
demonstration of financial responsibility required under sections
440.9(c) and (e), respectively, of the Regulations.
[[Page 891]]
(c) The United States shall be responsible for Property Damage it
sustains, resulting from Permitted Activities, regardless of fault, to
the extent that claims it would otherwise have for such damage exceed
the amount of insurance or demonstration of financial responsibility
required under section 440.9(e) of the Regulations.
4. Extension of Assumption of Responsibility and Waiver and Release of
Claims
(a) The United States shall extend the requirements of the waiver
and release of claims, and the assumption of responsibility as set forth
in paragraphs 2(b) and 3(b), respectively, to its Contractors and
Subcontractors by requiring them to waive and release all claims they
may have against Space Flight Participant, and to agree to be
responsible, for any Property Damage they sustain and for any Bodily
Injury, including Death, or Property Damage sustained by their own
employees, resulting from Licensed Activities, regardless of fault.
(b) The United States shall extend the requirements of the waiver
and release of claims, and the assumption of responsibility as set forth
in paragraphs 2(b) and 3(c), respectively, to its Contractors and
Subcontractors by requiring them to waive and release all claims they
may have against Space Flight Participant, and to agree to be
responsible, for any Property Damage the Contractors and Subcontractors
sustain, resulting from Permitted Activities, regardless of fault.
5. Indemnification
Space Flight Participant shall hold harmless and indemnify the
United States and its agencies, servants, agents, subsidiaries,
employees and assignees, or any of them, from and against liability,
loss or damage arising out of claims brought by anyone for Property
Damage or Bodily Injury, including Death, sustained by Space Flight
Participant, resulting from Licensed/Permitted Activities.
6. Assurances Under 49 U.S.C. 70112(e)
Notwithstanding any provision of this Agreement to the contrary,
Space Flight Participant shall hold harmless the United States and its
agencies, servants, agents, employees and assignees, or any of them,
from and against liability, loss or damage arising out of claims for
Bodily Injury, including Death, or Property Damage, sustained by Space
Flight Participant, resulting from Licensed/Permitted Activities,
regardless of fault, except to the extent that, as provided in section
6(b) of this Agreement, claims result from willful misconduct of the
United States or its agents.
7. Miscellaneous
(a) Nothing contained herein shall be construed as a waiver or
release by the United States of any claim by an employee the United
States, respectively, including a member of the Armed Forces of the
United States, for Bodily Injury or Property Damage, resulting from
Licensed/Permitted Activities.
(b) Notwithstanding any provision of this Agreement to the contrary,
any waiver, release, assumption of responsibility or agreement to hold
harmless herein shall not apply to claims for Bodily Injury, including
Death, or Property Damage resulting from willful misconduct of any of
the Parties, the Contractors, Subcontractors, and agents of the United
States, and Space Flight Participant.
(c) This Agreement shall be governed by and construed in accordance
with United States Federal law.
IN WITNESS WHEREOF, the Parties to this Agreement have caused the
Agreement to be duly executed by their respective duly authorized
representatives as of the date written above.
I [name of Space Flight Participant] have read and understand this
agreement and agree that I am bound by it.
Space Flight Participant
Signature:_____________________________________________________________
Printed Name:__________________________________________________________
Federal Aviation Administration of the Department of Transportation on
Behalf of the United States Government
By:____________________________________________________________________
Its:___________________________________________________________________
Associate Administrator for Commercial Space Transportation
PARTS 441-459 [RESERVED]