Annex II - Liability 1. With regard to activities undertaken pursuant to this Implementing Agreement, neither Party shall make any claims against the other, the other's employees, the other's related entities (e.g. contractors, subcontractors, and other participating entities associated with the Parties including any state from which RSA procures a launch to carry out its obligations under this Implementing Agreement) or employees of the other's related entities for any injury to or death of its own employees or employees of its own related entities, or for damage to or loss of its own property or the property of its related entities, arising out of activities under this Implementing Agreement, whether such injury, death, damage or loss arises through negligence or otherwise. This cross-waiver will apply only if the person, entity or property causing the damage is involved in activities under this Implementing Agreement, and the person, entity or property damaged is damaged by virtue of its involvement in activities under this Implementing Agreement. 2. In addition, each Party shall extend the cross-waiver of liability as set forth in 1 above to its own related entities by requiring them, by contract or otherwise, to agree to waive all claims against the other Party, employees of the other Party, the other Party's related entities, and employees of the other Party's related entities. 3. For avoidance of doubt, this cross-waiver of liability includes a cross-waiver of liability arising from the Liability Convention where the person, entity or property causing the damage is involved in activities under this Implementing Agreement, and the person, entity or property damaged is damaged by virtue of its involvement in activities under this Implementing Agreement. 4. Notwithstanding the other provisions of this Annex this cross-waiver of liability shall not be applicable to: (a) claims between a Party and its own related entity or between its own related entities; (b) claims made by a natural person, his/her estate, survivors, or subrogees for injury or death of such natural person; (c) claims for injury, death, damage or loss caused by willful misconduct; (d) intellectual property claims. 5. Nothing in this Implementing Agreement shall be construed to create the basis for a claim or suit where none would otherwise exist.