Document ID: chunk:federal_register_of_legislation:C2004A00868:schedule:6:p6
Version: federal_register_of_legislation:C2004A00868
Segment Type: schedule
Provision Reference: sch 6 (pt 6/13)
Character Range: 16928–19975

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 any kind.

    4. In respect to a protected activity, each Party agrees to a cross‑waiver of liability and, accordingly, each Party waives any claims for damages against the other Party, related entities of the other Party and employees of the other Party or employees of related entities of the other Party, whatever the legal basis for such claims, including, amongst others, claims under the Liability Convention or other claims under international law or claims in contract.

    5. This cross‑waiver of liability shall apply only if the Party, related entities, employees or property causing the damage and the Party, related entities, employees or property suffering the damage, are participating or being used, respectively, in a protected activity.

    6. Each Party shall extend the application of the principle of cross‑waiver of liability to its related entities through contract or other means.

    7. Notwithstanding paragraphs 4, 5 and 6 of this Article, this cross‑waiver of liability shall not be applicable to:
       a) claims between a Party and its own related entities or claims between its own related entities;
       b) claims made by a natural person not falling within the definition of a related entity, his/her estate, survivors, or subrogees in connection with indemnifying damage for bodily injury or any other damage to such natural person or his/her death;
       c) claims for damage caused by wilful misconduct;
       d) intellectual property claims.

    8. Nothing in this Article shall be construed to create the basis for claims or suits where none would otherwise exist.

    9. The Parties shall consult promptly on any potential liability under international law, including the Liability Convention, on the apportionment of liability, and in the event of claims arising, on the defence of claims, and shall cooperate fully with a view to establishing the facts in the investigation of any accident, in particular through the exchange of experts and information.

Article 11
Customs Regulation

    1. For the purposes of this Article "goods" shall mean spacecraft, space transportation systems, their elements, instruments, control, testing and other types of equipment required, in particular for a launch, as well as technologies in the form of information and data recorded on material media. The technology and information identified above include:
       a) computer software and databases;
       b) inventions;
       c) design and engineering developments;
       d) trade secrets and know‑how, including manufacturing documentation and technical specifications; and
       e) data on research, experimental, design and engineering development activities.

    2. The movement of goods specified in paragraph 1 of this Article