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:

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.