6-U.S.C.-443
§443 – Risk Management
Pathway
Title 6 > Chapter 1 > Subchapter VIII > Part G > Section 443
Details
- Reference: Section 443
- Legend: §443 – Risk Management
- USCode Year: 2013
Provision Content
(a) In general
(1) Liability insurance required
Any person or entity that sells or otherwise provides a qualified anti-terrorism technology to Federal and non-Federal Government customers (Seller”) shall obtain liability insurance of such types and in such amounts as shall be required in accordance with this section and certified by the Secretary to satisfy otherwise compensable third-party claims arising out of, relating to, or resulting from an act of terrorism when qualified anti-terrorism technologies have been deployed in defense against or response or recovery from such act.
(2) Maximum amount
For the total claims related to 1 such act of terrorism, the Seller is not required to obtain liability insurance of more than the maximum amount of liability insurance reasonably available from private sources on the world market at prices and terms that will not unreasonably distort the sales price of Sellers anti-terrorism technologies.
(3) Scope of coverage
Liability insurance obtained pursuant to this subsection shall, in addition to the Seller, protect the following, to the extent of their potential liability for involvement in the manufacture, qualification, sale, use, or operation of qualified anti-terrorism technologies deployed in defense against or response or recovery from an act of terrorism:
(A) Contractors, subcontractors, suppliers, vendors and customers of the Seller.
(B) Contractors, subcontractors, suppliers, and vendors of the customer.
(4) Third party claims
Such liability insurance under this section shall provide coverage against third party claims arising out of, relating to, or resulting from the sale or use of anti-terrorism technologies.
(b) Reciprocal waiver of claims
The Seller shall enter into a reciprocal waiver of claims with its contractors, subcontractors, suppliers, vendors and customers, and contractors and subcontractors of the customers, involved in the manufacture, sale, use or operation of qualified anti-terrorism technologies, under which each party to the waiver agrees to be responsible for losses, including business interruption losses, that it sustains, or for losses sustained by its own employees resulting from an activity resulting from an act of terrorism when qualified anti-terrorism technologies have been deployed in defense against or response or recovery from such act.
(c) Extent of liability
Notwithstanding any other provision of law, liability for all claims against a Seller arising out of, relating to, or resulting from an act of terrorism when qualified anti-terrorism technologies have been deployed in defense against or response or recovery from such act and such claims result or may result in loss to the Seller, whether for compensatory or punitive damages or for contribution or indemnity, shall not be in an amount greater than the limits of liability insurance coverage required to be maintained by the Seller under this section.
(Pub. L. 107–296, title VIII, §864, Nov. 25, 2002, 116 Stat. 2240.)
U.S. Encyclopedia of Law Coverage
6-U.S.C.-427 in the Legal Encyclopedia: Domestic Security
In this entry about 6-U.S.C.-427, find legal reference material, bibliographies and premiere content related to domestic security in the American Encyclopedia of Law, presenting a comprehensive view of the United States domestic security-specific issues, written by authorities in the field.
Title 6 – Domestic Security in the Legal Encyclopedia: Terrorism
In this entry about Title 6 – Domestic Security, find legal reference material, bibliographies and premiere content related to terrorism in the American Encyclopedia of Law, presenting a comprehensive view of the United States terrorism-specific issues, written by authorities in the field.
6-U.S.C.-415 in the Legal Encyclopedia: Homeland Security
In this entry about 6-U.S.C.-415, find legal reference material, bibliographies and premiere content related to homeland security in the American Encyclopedia of Law, presenting a comprehensive view of the United States homeland security-specific issues, written by authorities in the field.
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