МЕЖДУ ПРАВИТЕЛЬСТВОМ РОССИЙСКОЙ ФЕДЕРАЦИИ И ПРАВИТЕЛЬСТВОМ ЮЖНО-АФРИКАНСКОЙ РЕСПУБЛИКИ О СОТРУДНИЧЕСТВЕ В ОБЛАСТИ ИССЛЕДОВАНИЯ И ИСПОЛЬЗОВАНИЯ КОСМИЧЕСКОГО ПРОСТРАНСТВА В МИРНЫХ ЦЕЛЯХ. Соглашение. Правительство РФ. 05.09.06

Article 10
                              Liability

     1.  The  Parties agree to a cross-waiver of liability pursuant to
which  each  Party  shall  waive  any  claims against the other Party,
including  any  claims  against  the  cooperating organizations of the
other  Party,  for damages to their personnel or property arising from
the  implementation  of  the  joint  activities  under this Agreement,
unless otherwise agreed as envisaged in paragraph 4 of this Article.
     2.  In  accordance  with the laws and other statutory Acts of its
State,  each  Party shall, through agreements or otherwise, extend the
operation  of  the  principle  of  cross-waiver  of  liability  to its
cooperating  organizations,  contractors,  sub-contractors,  and other
legal  persons  engaged  in the implementation of the joint activities
under this Agreement.
     3.  The cross-waiver of liability for damages, as provided for in
paragraph  1  of  this  Article,  shall  apply  only if the Party, the
cooperating  organizations,  personnel  or property causing the damage
and  the  Party,  the cooperating organisations, personnel or property
suffering  the  damage, are participating or being used, respectively,
in the joint activities under this Agreement.
     4.  The  Parties  or their cooperating organizations may, through
separate agreements between them, limit the area/scope of application,
or  change the conditions with regard to the cross-waiver of liability
set  forth  in  this Article as required due to the specific nature of
the  joint  activities  under  this Agreement. In particular, they may
agree  upon additional or alternative provisions for the apportionment
of  liability  and  compensation  for damages in respect of a specific
type of the joint activities.
     5. Cross-waiver of liability shall not cover claims:
     a) for damage caused by wilful misconduct or gross negligence;
     b)  related  to  intellectual  property matters and protection of
information;
     c)  between  a Party and its own cooperating organizations and/or
claims between such organizations;
     d)  made  by  a  natural  person,  his/her  executor,  heirs,  or
subrogees  for bodily injury to or any other serious impairment of the
health of such natural person or his/her death;
     e) based on explicit contractual provisions.
     6.  The  provisions of this Article shall be without prejudice to
the  application  of  relevant  principles  and  norms  established by
international  law  in  this  regard. Nothing in this Article shall be
construed  to  create  a  basis  for claims where none would otherwise
exist.
     7.  The Parties shall without delay initiate consultations on any
potential  liability  under  international law, on the distribution of
the burden of compensation for damages, and on the defence against the
claims.
     8.  The  Parties  shall  cooperate in order to establish relevant
facts  while  investigating  any  incident,  in particular through the
exchange of experts and information.