Page:United States Statutes at Large Volume 60 Part 2.djvu/481

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INTERNATIONAL AGREEMENTS OTHER THAN TREATIES [60 STAT. of the United States of America, of articles manufactured, used, or disposed of (1) for the purposes and to the extent set forth in Article II of this Agreement; or (2) in connection with the supply of articles by the Government of the United States of America to the Government of the United Kingdom under Lend-Lease or equivalent procedure and the use and disposal of such articles by the Government of the United States of America; or (3) pursuant to a request made or authority given, for the purposes of the war, by the Government of the United Kingdom to the. Government of the United States of America; provided always that the Government of the United States of America will, whenever in its judgment practicable, avail itself of any indem- nity from a third party of which it shall have the benefit, in lieu of the indemnity from the Government of the United Kingdom contained in this Agreement. (c) The indemnities set forth in paragraphs (a) and (b) of this Article shall apply whether or not written requests in accordance with Aut, P. la Article IV of this Agreement have been or will be at any time sub- mitted by any authorized department or agency of the Government. of the United States of America. ARTICLE VII Conditions of in- demnification by the United Kingdom. The indemnity by the Government of the United Kingdom to the Government of the United States of America shall be subject to the following conditions and procedure, namely: (a) That the Government of the United States of America, as soon as practicable after receiving notice of any claim by which a liability might fall upon the Government of the United Kingdom under the indemnity, will notify the Government of the United Kingdom of such claim having been made. (b) That, upon being so notified of any such claim, the Govern- ment of the United Kingdom will, so far as practicable, dispose of such claim through negotiations with the claimant. (c) That the Government of the United States of America will not enter into negotiations or make any compromise or settlement out of court with any such claimant without the prior knowledge and con- currence of the Government of the United Kingdom. (d) That, in all cases in which no prior disposition or compromise or settlement of a claim shall have been made, as in paragraphs (b) and (c) of this Article, and the claim becomes the subject of legal proceedings in the United States Court of Claims or other appropriate United States court, the Government of the United Kingdom shall, if it so requests, be permitted to assist the Government of the United States of America in defending any such proceedings, and that, in the event that judgment is rendered against the Government of the United States of America, the Government of the United Kingdom will satisfy such judgment for and on behalf of the Government of the