Changes to NASA FAR Supplement Cross-Waiver of Liability Clauses in NASA Contracts

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This final rule is the regulatory basis for cross-waiver clauses to be included in contracts for NASA Space Shuttle services, ELV launches, and Space Station activities. These clauses represent the required implementation of a previously published final rule regarding NASA's policy of cross-waivers of liability in agreements for Space Shuttle services, ELV launches, and Space Station activities. By incorporating these cross-waivers of liability clauses in contracts for Space Shuttle services, ELV launches, and Space Station activities, NASA and the other parties agree not to bring claims against each other for any damage to property or for injury or death of employees that occurs during the time a cross-waiver is in effect. In addition, the clauses implement another requirement of the agreements which is to flow down these cross-waivers to their related entities ensuring that a party, its contractors, and subcontractors, waive their right to sue the other party, its contractors, and subcontractors for damages sustained in connection with activities conducted under the agreements.