Document ID: chunk:federal_register_of_legislation:C2004A00868:schedule:6:p5
Version: federal_register_of_legislation:C2004A00868
Segment Type: schedule
Provision Reference: sch 6 (pt 5/13)
Character Range: 14190–17195

referred to in Article 3.2 of this Agreement pertaining to the legal protection of their property located on the territory of its State pursuant to activity conducted within the framework of this Agreement including, in relevant cases, and when agreed to by the Parties, immunity of mutually specified categories of goods from any seizure or executive action.

Article 10
Liability

    1. In the interests of encouraging the development of joint activities pursuant to this Agreement, without prejudice to separate agreements which may be entered into by the Parties to take into account the particular needs and specific circumstances of pursuing certain programs and projects of cooperation, and without prejudice to the international obligations of the Parties, including under the Convention on International Liability for Damage Caused by Space Objects of 29 March 1972 (Liability Convention), the obligations of the Parties to each other in relation to liability and indemnity shall be in accordance with this Article.

    2. The Parties may agree on additional or alternative principles regarding liability in separate agreements as between themselves, which may include, but not be limited to, apportionment of liability and indemnity for damage, to be applied generally or in relation to specific types of joint activity. Such agreements may include, amongst others, descriptions of relevant equipment, procedures of investigation and submission of claims.

    3. For the purposes of this Article:
       a) "protected activity" shall mean any activity within the framework of this Agreement which, by mutual written agreement between the Parties and with the consent of their Competent Agencies, and departments, agencies and organisations referred to in Article 3.2 of this Agreement is performed in accordance with the principle of cross‑waiver of liability;
       b) "damage" means:
            (1) bodily injury to, or any other impairment of the health of, or death of, any person;
            (2) damage to, loss of, or loss of use of any property;
            (3) loss of revenue or profits; or
            (4) other direct or indirect damage;
       c) "Party" means either of the Parties and includes, in this Article, their Competent Agencies, and departments, agencies and organisations referred to in Article 3.2 of this Agreement;
       d) "related entity" means:
            (1) a contractor or subcontractor of a Party at any tier;
            (2) a user or customer of a Party at any tier; or
            (3) a contractor or subcontractor of a user or customer of a Party at any tier.
       The term "related entity" may, subject to appropriate arrangements, also include organisations or institutions of a third State, when such organisations or institutions have the same relations with the Parties as described in "d(1)", "d(2)", or "d(3)" above, or are otherwise involved in the protected activity. The terms "contractors" and "subcontractors" may include suppliers of