Common use of Damages and Compensation Clause in Contracts

Damages and Compensation. (1) Both parties to the Agreement renounce any claim that may exist against the other party or its individuals sent for rescue tasks concerning compensation for (a) Damage to property caused by an individual in connection with the task he/she was ordered to perform; (b) Physical injury, damage to health or the death of an individual in connection with the task he/she was ordered to perform, unless it is a case of proven fraud or serious misconduct. (2) The requesting state is liable for any damage afflicted to third persons by a person of the offering state as the result of relief operations in the territory of the requesting state with the same legal regulations applying as if the damage were inflicted by a person of the requesting state. (3) The requesting state has no right of recourse against the offering state or its persons ordered to render assistance. The requesting state, however, has a right of recourse if a person ordered by the offering state to give assistance inflicts a damage on a third person intentionally or by gross negligence. (4) The parties to the Agreement will cooperate closely in compliance with their national legal regulations to facilitate the settling of claims for damages and compensation, and exchange in particular all available information on claims as defined by this Article.

Appears in 5 contracts

Samples: Agreement on Mutual Assistance in the Case of Disasters or Serious Accidents, Mutual Assistance Agreement, Agreement on Mutual Assistance in the Case of Disasters or Serious Accidents

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