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PGI 235.070-1: Indemnification under research and development contracts.

PGI › Part 235 › PGI 235.070-1

This PGI section supplements: DFARS 235.070-1 · FAR 35.070-1
The corresponding FAR Part 35 and DFARS Part 235 have been overhauled under the RFO. PGI replacement text is provided in the RFO deviation attachment. View FAR Part 35

Current Content

(a) Under 10 U.S.C. 3861, and if authorized by the Secretary concerned, contracts for research and/or development may provide for indemnification of the contractor or subcontractors for—

(1) Claims by third persons (including employees) for death, bodily injury, or loss of or damage to property; and

(2) Loss of or damage to the contractor's property to the extent that the liability, loss, or damage—

(i) Results from a risk that the contract defines as “unusually hazardous;”

(ii) Arises from the direct performance of the contract; and

(iii) Is not compensated by insurance or other means.

(b) Clearly define the specific unusually hazardous risks to be indemnified. Submit this definition for approval with the request for authorization to grant indemnification. Include the approved definition in the contract.

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