[Code of Federal Regulations]

[Title 14, Volume 5]

[Revised as of January 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 14CFR1266.103]



[Page 413-414]

 

                     TITLE 14--AERONAUTICS AND SPACE

 

                          SPACE ADMINISTRATION

 

PART 1266_CROSS-WAIVER OF LIABILITY--Table of Contents

 

Sec. 1266.103  Cross-waiver of liability during Shuttle operations.



    (a) The purpose of this section is to establish a cross-waiver of 

liability between the parties to Shuttle launch services agreements and 

to other NASA agreements that involve Shuttle flights, and the parties' 

related entities, in the interest of encouraging participation in space 

exploration, exploitation, and investment. The cross-waiver of liability 

shall be broadly construed to achieve this objective.

    (b) As used in this cross-waiver, the term:

    (1) Party means a person or entity that signs an agreement involving 

a Shuttle flight;

    (2) Related Entity means:

    (i) A contractor or subcontractor of a Party at any tier;

    (ii) A user or customer of a Party at any tier; or

    (iii) A contractor or subcontractor of a user or customer of a Party 

at any tier. Contractors and Subcontractors include suppliers of any 

kind;

    (3) 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



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    (iv) Other direct, indirect, or consequential damage;

    (4) Payload means any property to be flown or used on or in the 

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 done in implementation of an agreement for Shuttle launch 

services. Protected Space Operations begin at the signature of the 

agreement and ends when all activities done in implementation of the 

agreement are completed. 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. Protected Space Operations excludes activities on Earth which 

are conducted on return from space to develop further a payload's 

product or process for use other than for Shuttle-related activities 

necessary to complete implementation of the agreement.

    (c)(1) Each Party agrees to a cross-waiver of liability pursuant to 

which each Party waives all claims against any of the entities or 

persons listed in paragraphs (c)(1)(i) through (c)(1)(iv) of this 

section based on damage arising out of Protected Space Operations. This 

cross-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 and tort (including negligence of every degree and 

kind) and contract, against:

    (i) Another Party;

    (ii) Any Party who has signed a NASA agreement that includes a 

Shuttle flight;

    (iii) A related entity of any party in paragraph (c)(1)(ii) of this 

section;

    (iv) The employees of any of the entities identified in (c)(1)(i) 

through (c)(1)(iii) of this section.

    (2) In addition, each Party shall extend the cross-waiver of 

liability as set forth in paragraph (c)(1) of this section to its own 

related entities 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)(iv) of this section.

    (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, (Mar. 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) where 

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.

    (4) Notwithstanding the other provisions of this section, this 

cross-waiver of liability shall not be applicable to:

    (i) Claims between a Party and its own related entity or between its 

own related entities;

    (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;

    (iv) Intellectual property claims;

    (v) Contract claims between the Parties based on the express 

contractual provisions of the agreement;

    (vi) Claims for damage based on a failure of the Parties or their 

related entities to flow down the cross-waiver.

    (5) Nothing in this section shall be construed to create the basis 

for a claim or suit where none would otherwise exist.