DFARS 252.235-7000 Indemnification Under 10 U.S.C. 2354--Fixed Price
Prescribed in 235.070-3 | ||
Effective Date: | 1 December 1991 | |
Clause or Provision: | Clause | |
Provision or Clause Number: | S 252.235-7000 Indemnification Under 10 U.S.C. 2354--Fixed Price | |
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Prescription | |
Clause Overview: |
ClauseINDEMNIFICATION UNDER 10 U.S.C. 2354--FIXED PRICE (DEC 1991)(a) This clause provides for indemnification under 10 U.S.C. 2354 if the Contractor meets all the terms and conditions of this clause.
(1) Claims by third persons for death, bodily injury, sickness, or disease, or the loss, damage, or lost use of property. Claims include those for reasonable expenses of litigation or settlement. The term “third persons” includes employees of the contractor; (2) The loss, damage, and lost use of the Contractor's property, but excluding lost profit; and (3) Loss, damage, or lost use of the Government's property.
(1) Must arise from the direct performance of this contract; (2) Must not be compensated by insurance or other means, or be within deductible amounts of the Contractor's insurance; (3) Must result from an unusually hazardous risk as specifically defined in the contract; (4) Must not result from willful misconduct or lack of good faith on the part of any of the Contractor's directors or officers, managers, superintendents, or other equivalent representatives who have supervision or direction of—
(5) Must not be a liability assumed under any contract or agreement (except for subcontracts covered by paragraph (h) of this clause), unless the Contracting Officer (or in contracts with the Department of the Navy, the Department) specifically approved the assumption of liability; and (6) Must be certified as just and reasonable by the Secretary of the department or designated representative.
(1) Promptly notify the Contracting Officer of any occurrence, action, or claim that might trigger the Government's liability under this clause; (2) Furnish the proof or evidence of any claim, loss, or damage in the form and manner that the Government requires; and (3) Immediately provide copies of all pertinent papers that the Contractor receives or has received.
(1) The Contracting Officer gave prior written approval for the Contractor to provide in a subcontract for the Contractor to indemnify the subcontractor for unusually hazardous risks defined in this contract; (2) The Contracting Officer approved those indemnification provisions; (3) The subcontract indemnification provisions entitle the Contractor, or the Government, or both, to direct, participate in, and supervise the settlement or defense of relevant actions and claims; and (4) The subcontract provides the same rights and duties, the same provisions for notice, furnishing of papers and the like, between the Contractor and the subcontractor, as exist between the Government and the Contractor under this clause.
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Incorporated by Reference: | Yes | |
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Editor: | Marshall |
Personal notes.