Page:United States Statutes at Large Volume 124.djvu/3373

 124 STAT. 3347 PUBLIC LAW 111–314—DEC. 18, 2010 (A) CLAIMS.—A reciprocal waiver under paragraph (1) may not preclude a claim by any natural person (including, but not limited to, a natural person who is an employee of the United States, the developer, the cooperating party, or their respective subcontractors) or that natural person’s estate, survivors, or 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, the cooperating party, or their respective 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 or cooper- ating party, for indemnification against the other for dam- ages 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. (D) WILLFUL MISCONDUCT.—A reciprocal waiver under paragraph (1) may not relieve the United States, the devel- oper, the cooperating party, or the related entities of the developer or cooperating party, of liability for damage or loss resulting from willful misconduct. (3) EFFECT ON PREVIOUS WAIVERS.—This subsection applies to any waiver of claims entered into by the Administration without regard to the date on which the Administration entered into the waiver. (e) RELATIONSHIP TO OTHER LAWS.— (1) SECTION 20138.—This section does not apply to any object, transaction, or operation to which section 20138 of this title applies. (2) SECTION 50919(g)(1).—The Administrator may not provide indemnification to a developer under this section for launches subject to license under section 50919(g)(1) of this title. (f) TERMINATION.— (1) IN GENERAL.—The provisions of this section shall termi- nate on December 31, 2010. (2) EFFECT OF TERMINATION ON AGREEMENT.—The termi- nation of this section shall not terminate or otherwise affect any cross-waiver agreement, insurance agreement, indemnifica- tion agreement, or other agreement entered into under this section, except as may be provided in that agreement. § 20140. Appropriations (a) AUTHORIZATION.— (1) IN GENERAL.—There are authorized to be appropriated such sums as may be necessary to carry out this chapter,