Page:United States Statutes at Large Volume 112 Part 3.djvu/685

 PUBLIC LAW 105-276—OCT. 21, 1998 112 STAT. 2515 subrogees for injury or death, except with respect to a subrogee that is a party to the waiver or has otherwise agreed to be bound by the terms of the waiver. (B) LIABILITY FOR NEGLIGENCE.— A reciprocal waiver under paragraph (1) may not absolve any party of liability to any natural person (including, but not limited to, a natural person who is an employee of the United States, the developer, or the developer's subcontractors) or such a natural person's estate, survivors, or subrogees for negligence, except with respect to a subrogee that is a party to the waiver or has otherwise agreed to be bound by the terms of the waiver. (C) INDEMNIFICATION FOR DAMAGES. — ^A reciprocal waiver under paragraph (1) may not be used as the basis of a claim by the Administration or the developer for indemnification against the other for damages paid to a natural person, or that natural person's estate, survivors, or subrogees, for injury or death sustained by that natural person as a result of activities connected to the agreement or use of the experimental aerospace vehicle. (3) EFFECT ON PREVIOUS WAIVERS.—Subsection (c) applies Applicabmty. to any waiver of claims entered into by the Administration without regard to whether it was entered into before, on, or after the date of the enactment of this Act. (d) DEFINITIONS.—In this section: (1) ADMINISTRATION. — The term "Administration" means the National Aeronautics and Space Administration. (2) ADMINISTRATOR.— The term "Administrator" means the Administrator of the National Aeronautics and Space Administration. (3) COMMON TERMS.— Any term used in this section that is defined in the National Aeronautics and Space Act of 1958 (42 U.S.C. 2451 et seq.) has the same meaning in this section as when it is used in that Act. (4) DEVELOPER.— The term "developer" means a United States person (other than a natural person) who— (A) is a party to an agreement that was in effect before the date of the enactment of this Act with the Administration for the purpose of developing new technology for an experimental aerospace vehicle; (B) owns or provides property to be flown or situated on that vehicle; or (C) employs a natural person to be flown on that vehicle. (5) EXPERIMENTAL AEROSPACE VEHICLE.— The term "experimental aerospace vehicle" means an object intended to be flown in, or launched into, suborbital flight for the purpose of demonstrating technologies necessary for a reusable launch vehicle, developed under an agreement between the Administration and a developer that was in effect before the date of the enactment of this Act. (6) RELATED ENTITY.— The term "related entity" includes a contractor or subcontractor at any tier, a supplier, a grantee, and an investigator or detailee. (e) RELATIONSHIP TO OTHER LAWS. — (1) SECTION 308 OF NATIONAL AERONAUTICS AND SPACE ACT OF 1958. — This section does not apply to any object, transaction.

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