[Code of Federal Regulations]
[Title 14, Volume 5]
[Revised as of January 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 14CFR1274.916]

[Page 478]
 
                     TITLE 14--AERONAUTICS AND SPACE
 
                          SPACE ADMINISTRATION
 
PART 1274_COOPERATIVE AGREEMENTS WITH COMMERCIAL FIRMS--
Table of Contents
 
         Subpart 1274.9_Other Provisions and Special Conditions
 
Sec. 1274.916  Liability and risk of loss.

    The following provision is applicable to all cooperative agreements 
with commercial firms, except programs or projects that are subject to 
Section 431 of Public Law 105-276, which addresses insurance for, or 
indemnification of, developers of experimental aerospace vehicles.

                       Liability and Risk of Loss

                                July 2002

    (a) With regard to activities undertaken pursuant to this agreement, 
neither party shall make any claim against the other, employees of the 
other, the other's related entities (e.g., contractors, subcontractors, 
etc.), or employees of the other's related entities for any injury to or 
death of its own employees or employees of its related entities, or for 
damage to or loss of its own property or that of its related entities, 
whether such injury, death, damage or loss arises through negligence or 
otherwise, except in the case of willful misconduct.
    (b) To the extent that a risk of damage or loss is not dealt with 
expressly in this agreement, each party's liability to the other party 
arising out of this Agreement, whether or not arising as a result of an 
alleged breach of this Agreement, shall be limited to direct damages 
only, and shall not include any loss of revenue or profits or other 
indirect or consequential damages.

                           [End of provision]