Section XIII Liability 1. As regards the issues of liability, the NATO SOFA will apply pursuant to its terms. 2. For issues of liability for which the NATO SOFA does not apply, the following will apply: a. Each Participant will waive all claims against the other Participants for injury or death to its personnel, and for damage to its property arising from the performance of official duties. b. In the event of any claims from any other persons for injury or death to persons or damage to property arising from the performance of official duties, the Participants will share equally any costs adjudicated administratively or judicially. Such claims will be adjudicated by the most appropriate Participant, as agreed. c. As to a. and b. above, if the Participants agree that damage, injury, or death is caused by reckless acts, reckless omissions, willful misconduct or gross negligence by the personnel or agents (excluding contractors) of a Participant, the costs of any liability adjudicated administratively or judicially will be borne by that Participant alone. 3. Claims arising under or related to any Contract awarded pursuant to Section VI (Contractual Provisions) will be resolved in accordance with the provisions of the Contract. The Participants will not indemnify Contractors against liability claims by any other persons. However, in exceptional circumstances, (e.g., involving unduly hazardous circumstances where the cost of insurance is excessively high), the Participants may consider whether to indemnify Contractors against liability claims by any other persons.