Page:United States Statutes at Large Volume 49 Part 1.djvu/2039

 199 4 74TH CONGRESS. SESS. II. CH. 858 . JUNE 29, 1936. Procedure in adjust- cc (b) As soon as practicable after the filing of any such applica- ingclaimsg tion, the Commission shall proceed to attempt to adjust all differ- ence s with such con tractor, includ ing any claims of the contract or against the United States and an y claims of the United States against such contractor, arising out o f its foreign ocean mail contract. profitsul ono futu fe In a djustin g such d ifferen ces and claims, the Com mission shall n ot tak e in to co nsid erati on a ny pr ospe ctive or specu lati ve fu ture prof its, but shall consider any and all payments theretofor made by the United States pursuant to such mail contract, and the profits real- ized as a result thereof, and the interest paid and the interest due acco rding t o law on constr uction l oans, a nd all o ther fa cts deem ed settlements. pertinent. If the contractor s hall. b e willing to accept such deter- mination an d receive payment for the amount determined by the Commission to be a fair adjustment of such differences the Com- mis sion is a utho rized and dire cted to e nter into and exec ute a set tle- me nt agree ment wi th such contrac tor, whe rein su ch contr actor s hall release the United States from any and all further claims arising Ri ght Prov iso. c Atto rney from such contractor's mail contract : Provided, That the Attorney general to appeal . General of the United States may, if he is dissatisfied with such find ing, ap peal the same t o the Co urt of Claims w ithin a period of sixty days from the date such settlement is agreed upon, of record, Time l imitation. by the Commission and the contractor. If such appeal is not taken for the United States by the Attorney General within sixty days from the re cord agreement betwee n the Commission and t he con- tractor, the contractor shall be paid any sum of money due him under such settlement agreement from any funds controlled by the Com- mission or hereafter appropriated for that purpose is taken b y the A ttorney General, then, within sixty da ys from the rendition of the final judgment by the courts, the contractor shall be paid any sum of money due him under such judgment, from any funds controlled by the Commission or hereafter appropriated for that purpose. limitation. o sue ; time 11 (c ) If the holder of any ocean m ail cont ract te rminated by the provisions of section 401 of this title does not enter into and exe- cute a settlement agreement as provided in subsection (b) hereof, such holder may sue the United States in the United States Court of Claims, but such suit shall not be maintained unless brought before Defenses. January 1, 1938. If suit is filed in the Court of Claims the claimant and the United States shall have the right in such court to set up and have determ ined and adjust ed by th e court all leg al and equitabl e cl aims, dif fere nces, off sets, cre dits, and reco upme nts t o wh ich e ithe r may be entitled to the end that all conflicting claims, assertions, and rights may be ?ully, fairly, and completely settled and adjudged by the court, including any question as to the legality of the contract as Jurisdiction of court. originally made or as modified, altered, or amended. The jurisdiction of said court to award any damages or payments to the ocean mail contractor is hereby expressly limited to an award of just compensa- tion under the provisions heretofore set forth and such just compen- sation shall not include any allowances for prospective profits or for speculative future profits that might have been realized by the claim- ant if permitted further to carry out the contract. The remedy herein provided shall be exclusive and no other suit shall be main- tained by the applicant or by any other person in any court of the United States arising out of any claims under or connected with said contract ." Application of pay- SEC . 403 . (a) If any sum of money is payable to the contractor ment as credit upon amounts owed . under the terms of any settlement agreement made pursuant to sec- tion 402 (b) of this title, such sum shall be applied as a credit upon any amount owing by the contractor to the United States on any loan
 * or if such appeal