2.2.20. INVESTIGATIONS OF AND CLOSE CALLS For domestic activities where there is the possibility of a serious accident or mission failure occurring and the parties include non-U.S. Government personnel, it is advisable to include a mishap and close call investigation clause in the SAA. A determination to include such a clause should be closely reviewed in conjunction with the liability determination made under , and Risk of Loss.” At a minimum, SAAs involving activities related to the ISS and “Liability SAAs supporting any launch activities should include sample clause 2.2.20, of “Investigations Mishaps and Close Calls.” NASA mishaps and close calls are conducted pursuant to , “NASA Procedural Requirements for Mishap and Close Call Reporting, Investigating and Recordkeeping,” which may be applicable to the SAA. 2.2.21. This section requires that any modification (amendment) to the SAA be executed in writing and signed by an authorized representative of each party, which for NASA is the Signing Official or, in some cases, his or her designee. When modifying an Umbrella Agreement, consideration should be given to its effect on executed Annexes. Annexes are not considered modifications. 2.2.22. ASSIGNMENT As a general rule, assignment of an SAA is not advisable or practical. This clause precludes any assignment of the SAA or any rights under the SAA to other entities without the express written permission of the Signing Official or designee. 2.2.23. APPLICABLE LAW As NASA is an agency of the Federal Government, U.S. Federal law governs its domestic activities, and the SAA should state explicitly this choice of law. Failure to include this clause,
2.2.20. INVESTIGATIONS OF AND CLOSE CALLS For domestic activities where there is the possibility of a serious accident or mission failure occurring and the parties include non-U.S. Government personnel, it is advisable to include a mishap and close call investigation clause in the SAA. A determination to include such a clause should be closely reviewed in conjunction with the liability determination made under , “Liability and Risk of Loss.” At a minimum, SAAs involving activities related to the ISS and SAAs supporting any launch activities should include sample clause 2.2.20, “Investigations of Mishaps and Close Calls.” NASA mishaps and close calls are conducted pursuant to , “NASA Procedural Requirements for Mishap and Close Call Reporting, Investigating and Recordkeeping,” which may be applicable to the SAA. 2.2.21. This section requires that any modification (amendment) to the SAA be executed in writing and signed by an authorized representative of each party, which for NASA is the Signing Official or, in some cases, his or her designee. When modifying an Umbrella Agreement, consideration should be given to its effect on executed Annexes. Annexes are not considered modifications. 2.2.22. ASSIGNMENT As a general rule, assignment of an SAA is not advisable or practical. This clause precludes any assignment of the SAA or any rights under the SAA to other entities without the express written permission of the Signing Official or designee. 2.2.23. APPLICABLE LAW As NASA is an agency of the Federal Government, U.S. Federal law governs its domestic activities, and the SAA should state explicitly this choice of law. Failure to include this clause,