11.10 For the purposes of this Article, a Launch Failure shall not be deemed to have occurred if destruction or loss of the launch vehicle:
(a) was caused by:
(i) act of war or of the public enemy, civil war
or insurrection;
(ii) act of a government in its sovereign capacity;
(iii) radioactive contamination of any kind (other
than the natural radiation existing in the space environment); or
(iv) by any weapon or anti-satellite device
provided in any such case, the destruction, loss or failure could not have been avoided by the exercise by CGWIC of reasonable foresight or precaution; or
(b) was caused by any wilful act of the Client or its
Associates.
11.11 For the purposes of Sub-paragraphs 11.9 (b) and (c), a Launch Vehicle shall be considered as having caused a failure of the Payload Mission or Payload only if such failure was due:
(a) to the performance of any of the various systems of
the Launch Vehicle during the Launch Vehicle Flight;
or
(b) to the environmental conditions of the Launch
Vehicle during the Launch Vehicle Flight, which conditions exceeded the flight environment as defined in Section V of Revision 1 of the LM-3 Users Manual referred to in Annex I hereof, provided that said conditions shall be assessed by means of telemetry data received from the Launch Vehicle.
11.12 If the Client enters into another launch service
contract with CGWIC and there is a Launch Failure under this Contract which entitles the Client to a Reflight, then the Client shall be entitled to use the launch under such other contract as the Reflight and in such event, the Client may terminate such other contract and receive a full refund thereunder. In such case, all the provisions of this Article shall apply to such Reflight.
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