---
kind: "section"
citation: "48 C.F.R. § 235.070-1"
title: "48"
number: "235.070-1"
heading: "Indemnification under research and development contracts."
url: "https://uscodex.org/cfr/48/235.070-1"
---

# §235.070-1. Indemnification under research and development contracts.

- (a) Under [10 U.S.C. 3861](/usc/10/3861.md), 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.

## Notes

### Amendments

[56 FR 36416, July 31, 1991, as amended at 64 FR 51076, Sept. 21, 1999; 87 FR 76995, Dec. 16, 2022]

### Authority

Authority: 41 U.S.C. 1303 and 48 CFR chapter 1.

### Source

Source: 56 FR 36416, July 31, 1991, unless otherwise noted.

### Amendments

[56 FR 36416, July 31, 1991, as amended at 64 FR 51076, Sept. 21, 1999; 87 FR 76995, Dec. 16, 2022]