Appendix B to Part 440 - Agreement for Waiver of Claims and Assumption of Responsibility for Licensed Activities
14:4.0.2.9.22.3.30.1.32 : Appendix B
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 Subpart A - Waiver of Claims
and Assumption of Responsibility for Licensed Launch, Including
Suborbital Launch, With One Customer
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 §
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 defined by
§ 440.3 of the Regulations.
Customer means the above-named Customer.
Part 440 Customer means a customer defined by § 440.3 of
the Regulations, other than the above-named Customer.
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 51 U.S.C. Subtitle V, ch. 509.
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 51 U.S.C.
Subtitle V, ch. 509 - Commercial Space Launch Activities, or in the
Regulations, shall have the same meaning as contained in 51 U.S.C.
Subtitle V, ch. 509, or the Regulations, respectively.
2. Waiver and Release of Claims
(a) Licensee hereby waives and releases claims it may have
against Customer, the United States, any Part 440 Customer, and
each of 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, the United States, any other customer, and each
of 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, Customer, any Part 440 Customer, and each of
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 § 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, any other customer,
and the Contractors and Subcontractors of each, 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 § 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 may have
against Customer, the United States, any Part 440 Customer, and
each of their respective Contractors and Subcontractors, and to
agree to be responsible, for Property Damage they sustain and to be
responsible, hold harmless and indemnify Customer, the United
States, any Part 440 Customer, and each of their respective
Contractors and Subcontractors, 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 customers, Contractors, and
Subcontractors, by requiring them to waive and release all claims
they may have against Licensee, the United States, and any other
customer, and each of their respective Contractors and
Subcontractors, and to agree to be responsible, for Property Damage
they sustain and to be responsible, hold harmless and indemnify
Licensee, the United States, and any other customer, and each of
their respective Contractors and Subcontractors 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, Customer, any
Part 440 Customer, and each of their respective Contractors and
Subcontractors, 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 § 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; the United States and its agencies,
servants, agents, subsidiaries, employees and assignees, or any of
them; and any Part 440 Customer and its directors, officers,
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 and arising out of the indemnifying party's failure to
implement properly the waiver requirement.
(b) Customer shall hold harmless and indemnify Licensee and its
directors, officers, servants, agents, subsidiaries, employees and
assignees, or any of them; the United States and its agencies,
servants, agents, subsidiaries, employees and assignees, or any of
them; and any other customer and its directors, officers, 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, Subcontractors, or customers, may have for
Property Damage sustained by them and for Bodily Injury or Property
Damage sustained by their employees, resulting from Licensed
Activities and arising out of the indemnifying party's failure to
implement properly the waiver requirement.
(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, Customer, any Part 440 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 and arising out of the indemnifying party's
failure to implement properly the waiver requirement, 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 § 440.9(c) and (e), respectively, of
the Regulations.
6. Assurances Under 51 U.S.C. 50914(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 paragraph 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 §
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 § 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 51 U.S.C. 50915 and § 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 § 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, any Part 440 Customer, the
Contractors and Subcontractors of any Part 440 Customer, and in the
case of Licensee, Customer, any Part 440 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) 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 Subpart B - Waiver of Claims and Assumption of
Responsibility for Licensed Launch, Including Suborbital Launch,
With More Than One Customer
This agreement is entered into this__day of____, by and
among [Licensee] (the “Licensee”); [List of Customers]; (with [List
of Customers] hereinafter referred to in their individual capacity
as “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 § 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 defined by
§ 440.3 of the Regulations.
Customer means each above-named Customer.
Part 440 Customer means a customer defined by § 440.3 of
the Regulations, other than the above-named Customer.
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 51 U.S.C. Subtitle V, ch. 509.
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 51 U.S.C.
Subtitle V, ch. 509 - Commercial Space Launch Activities, or in the
Regulations, shall have the same meaning as contained in 51 U.S.C.
Subtitle V, ch. 509, or the Regulations, respectively.
2. Waiver and Release of Claims
(a) Licensee hereby waives and releases claims it may have
against each Customer, the United States, any Part 440 Customer,
and each of 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) Each Customer hereby waives and releases claims it may have
against Licensee, the United States, any other customer, and each
of 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, each Customer, any Part 440 Customer, and
each of 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 § 440.9(c) and (e), respectively, of the Regulations.
3. Assumption of Responsibility
(a) Licensee and each 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 each Customer shall
each hold harmless and indemnify each other, the United States, any
other customer, and the Contractors and Subcontractors of each, 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 § 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 may have
against each Customer, the United States, any Part 440 Customer,
and each of their respective Contractors and Subcontractors, and to
agree to be responsible, for Property Damage they sustain and to be
responsible, hold harmless and indemnify each Customer, the United
States, any Part 440 Customer, and each of their respective
Contractors and Subcontractors, for Bodily Injury or Property
Damage sustained by their own employees, resulting from Licensed
Activities, regardless of fault.
(b) Each 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 customers, Contractors, and
Subcontractors, by requiring them to waive and release all claims
they may have against Licensee, the United States, and any other
customer, and each of their respective Contractors and
Subcontractors, and to agree to be responsible, for Property Damage
they sustain and to be responsible, hold harmless and indemnify
Licensee, the United States, and any other customer, and each of
their respective Contractors and Subcontractors, 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, each Customer,
any Part 440 Customer, and each of their respective Contractors and
Subcontractors, 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 § 440.9(c) and (e), respectively, of the Regulations.
5. Indemnification
(a) Licensee shall hold harmless and indemnify each Customer and
its directors, officers, servants, agents, subsidiaries, employees
and assignees, or any of them; the United States and its agencies,
servants, agents, subsidiaries, employees and assignees, or any of
them; and any part 440 customer and its directors, officers,
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 and arising out of the indemnifying party's failure to
implement properly the waiver requirement.
(b) Each Customer shall hold harmless and indemnify Licensee and
its directors, officers, servants, agents, subsidiaries, employees
and assignees, or any of them; the United States and its agencies,
servants, agents, subsidiaries, employees and assignees, or any of
them; and any other customer and its directors, officers, servants,
agents, subsidiaries, employees and assignees, or any of them, from
and against liability, loss or damage arising out of claims that
each Customer's Contractors, Subcontractors, or customers, may have
for Property Damage sustained by them and for Bodily Injury or
Property Damage sustained by their employees, resulting from
Licensed Activities and arising out of the indemnifying party's
failure to implement properly the waiver requirement.
(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, each Customer, any Part 440
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 and arising out of the indemnifying party's
failure to implement properly the waiver requirement, 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 § 440.9(c) and (e), respectively, of
the Regulations.
6. Assurances Under 51 U.S.C. 50914(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 paragraph 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 §
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 § 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 51 U.S.C. 50915 and § 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 § 440.9(c) of the
Regulations.
7. Miscellaneous
(a) Nothing contained herein shall be construed as a waiver or
release by Licensee, any Customer or the United States of any claim
by an employee of the Licensee, any 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, any Part 440 Customer, the
Contractors and Subcontractors of any Part 440 Customer, and in the
case of Licensee, each Customer, any Part 440 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) 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 1 By: Its: [Signature lines for each
additional customer] 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 Subpart A - Waiver of Claims
and Assumption of Responsibility for Licensed Reentry With One
Customer
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 §
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 defined by
§ 440.3 of the Regulations.
Customer means the above-named Customer.
Part 440 Customer means a customer defined by § 440.3 of
the Regulations, other than the above named Customer.
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 51 U.S.C. Subtitle V, ch. 509.
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 51 U.S.C.
Subtitle V, ch. 509 - Commercial Space Launch Activities, or in the
Regulations, shall have the same meaning as contained in 51 U.S.C.
Subtitle V, ch. 509, or the Regulations, respectively.
2. Waiver and Release of Claims
(a) Licensee hereby waives and releases claims it may have
against Customer, the United States, any Part 440 Customer, and
each of 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, the United States, any other customer, and each
of 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, Customer, any Part 440 Customer, and each of
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 § 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, any other customer,
and the Contractors and Subcontractors of each, 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 § 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, the United States, any Part 440 Customer, and
each of their respective Contractors and Subcontractors, and to
agree to be responsible, for Property Damage they sustain and to be
responsible, hold harmless and indemnify Customer, the United
States, any Part 440 Customer, and each of their respective
Contractors and Subcontractors, 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 customers, Contractors, and
Subcontractors, by requiring them to waive and release all claims
they may have against Licensee, the United States, and any other
customer, and each of their respective Contractors and
Subcontractors, and to agree to be responsible, for Property Damage
they sustain and to be responsible, hold harmless and indemnify
Licensee, the United States, and any other customer, and each of
their respective Contractors and Subcontractors, 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, Customer, any
Part 440 Customer, and each of their respective Contractors and
Subcontractors, 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 § 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; the United States and its agencies,
servants, agents, subsidiaries, employees and assignees, or any of
them; and any Part 440 Customer and its directors, officers,
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 and arising out of the indemnifying party's failure to
implement properly the waiver requirement.
(b) Customer shall hold harmless and indemnify Licensee and its
directors, officers, servants, agents, subsidiaries, employees and
assignees, or any of them; the United States and its agencies,
servants, agents, subsidiaries, employees and assignees, or any of
them; and any other customer and its directors, officers, 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, Subcontractors, or customers may have for
Property Damage sustained by them and for Bodily Injury or Property
Damage sustained by their employees, resulting from Licensed
Activities and arising out of the indemnifying party's failure to
implement properly the waiver requirement.
(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, Customer, any Part 440 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 and arising out of the indemnifying party's
failure to implement properly the waiver requirement, 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 § 440.9(c) and (e) of the
Regulations.
6. Assurances Under 51 U.S.C. 50914(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 paragraph 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 §
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 § 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 51 U.S.C. 50915 and § 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 § 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, any Part 440 Customer, the
Contractors and Subcontractors of any Part 440 Customer, and in the
case of Licensee, Customer, any Part 440 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) 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 Subpart B - Waiver of Claims and Assumption of
Responsibility for Licensed Reentry With More Than One Customer
This agreement is entered into this __ day of ____, by
and among [Licensee] (the “Licensee”); [List of Customers] (with
[List of Customers] hereinafter referred to in their individual
capacity as “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 § 440.17(c) of the Commercial Space Transportation
Licensing Regulations, 14 CFR Ch. III (the “Regulations”). This
agreement applies to the reentry of [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 § 440.3 of the Regulations.
Customer means each above-named Customer.
Part 440 Customer means a customer defined by § 440.3 of
the Regulations, other than the above-named customer.
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 51 U.S.C. Subtitle V, ch. 509.
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 51 U.S.C.
Subtitle V, ch. 509 - Commercial Space Launch Activities, or in the
Regulations, shall have the same meaning as contained in 51 U.S.C.
Subtitle V, ch. 509, or the Regulations, respectively.
2. Waiver and Release of Claims
(a) Licensee hereby waives and releases claims it may have
against each Customer, the United States, any Part 440 Customer,
and each of 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) Each Customer hereby waives and releases claims it may have
against Licensee, the United States, any other customer, and each
of 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, each Customer, any Part 440 Customer, and
each of 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 § 440.9(c) and (e), respectively, of the Regulations.
3. Assumption of Responsibility
(a) Licensee and each 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 each Customer shall
each hold harmless and indemnify each other, the United States, any
other customer, and the Contractors and Subcontractors of each, 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 § 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 may have
against each Customer, the United States, any Part 440 Customer,
and each of their respective Contractors and Subcontractors, and to
agree to be responsible, for Property Damage they sustain and to be
responsible, hold harmless and indemnify each Customer, the United
States, any Part 440 Customer, and each of their respective
Contractors and Subcontractors, for Bodily Injury or Property
Damage sustained by their own employees, resulting from Licensed
Activities, regardless of fault.
(b) Each 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 customers, Contractors, and
Subcontractors, by requiring them to waive and release all claims
they may have against Licensee, the United States, and any other
customer, and each of their respective Contractors and
Subcontractors, and to agree to be responsible, for Property Damage
they sustain and to be responsible, hold harmless and indemnify
Licensee, the United States, and any other customer, and each of
their respective Contractors and Subcontractors, 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, each Customer,
any Part 440 Customer, and each of their respective Contractors and
Subcontractors, 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 § 440.9(c) and (e), respectively, of the Regulations.
5. Indemnification
(a) Licensee shall hold harmless and indemnify each Customer and
its directors, officers, servants, agents, subsidiaries, employees
and assignees, or any of them; the United States and its agencies,
servants, agents, subsidiaries, employees and assignees, or any of
them; and any Part 440 Customer and its directors, officers,
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 and arising out of the indemnifying party's failure to
implement properly the waiver requirement.
(b) Each 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 any other
customer as defined by § 440.3 its agencies, servants, agents,
subsidiaries, employees and assignees, or any of them; and any
other customer and its directors, officers, servants, agents,
subsidiaries, employees and assignees, or any of them, from and
against liability, loss or damage arising out of claims that each
Customer's Contractors, Subcontractors, and customers, may have for
Property Damage sustained by them and for Bodily Injury or Property
Damage sustained by their employees, resulting from Licensed
Activities and arising out of the indemnifying party's failure to
implement properly the waiver requirement.
(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, each Customer, any Part 440
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 and arising out of the indemnifying party's
failure to implement properly the waiver requirement, 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 § 440.9(c) and (e), respectively, of
the Regulations.
6. Assurances Under 51 U.S.C. 50914(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 paragraph 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 §
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 § 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 51 U.S.C. 50915 and § 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 § 440.9(c) of the
Regulations.
7. Miscellaneous
(a) Nothing contained herein shall be construed as a waiver or
release by Licensee, any Customer or the United States of any claim
by an employee of the Licensee, any 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, any Part 440 Customers, the
Contractors and Subcontractors of any Part 440 Customer, and in the
case of Licensee, each Customer, any Part 440 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) 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 1 By: Its: [Signature lines for each
additional customer] Federal Aviation Administration of the
Department of Transportation on Behalf of the United States
Government By: Its: Associate Administrator for Commercial Space
Transportation [Doc. No. FAA-2014-1012, Amdt. 440-4, 81 FR 55124,
Aug. 18, 2016]