Page:United States Statutes at Large Volume 59 Part 2.djvu/818

 59 STAT.] AUSTRALIA-MARINE TRANSPORTATION-MAR. 8, 1945 (4) Each contracting Government undertakes not to make any claim in respect of any vessel or cargo insured by it to which it may be entitled by virtue of any right of subrogation either- (a) directly against the other contracting Government; or (b) in any case where such other Government represents that such claim if made would ultimately be borne by such other Govern- ment. (5) Each contracting Government agrees to extend the principles of this Agreement to such other maritime claims as may from time to time be agreed between them. ARTICLE II Where in any case claims arise which are not required to be waived by this Agreement in addition to or in conjunction with claims which are so required to be waived and it is necessary in any proceedings including proceedings for the limitation of liability that claims be marshalled or for the proper assessment of any salvage or general average that values should be estimated, the provisions of this Agree- ment shall not apply but claims which would otherwise be required to be waived under this Agreement shall be asserted. Any recoveries, however, shall be waived by the Government entitled to such recoveries as against the other or by mutual arrangements between the two Governments shall be dealt with in such other way as will give effect to the purposes of this Agreement. ARTICLE III (1) For the purpose of this agreement the expression "vessel owned by a contracting Government" includes a vessel on bare boat charter to a contracting Government or requisitioned by a contracting Govern- ment on bare boat terms or otherwise in the possession of a contracting Government (except to the extent that the risk of loss or liability is borne by some person other than either contracting Government). (2) In order to carry out the full intention of the provisions of Article 1 of this Agreement each contracting Government will so arrange in connection with bare boat charters to it that the owners or persons interested through such owners shall not have or assert any claims of the character specified in Article 1. ARTICLE IV Each contracting Government upon the request of the other will provide undertakings for the release of vessels or cargo owned by the other contracting Government from judicial proceedings in Courts in the United States of America or in the Commonwealth of Australia as the case may be where such release will promote the war effort and 1501 Waiver of insurance claim. Extension of prin- ciples of agreement. Inapplicability in certain cases. "Vessel owned by a contracting Govern- ient." Bare boat charters. Release from judi- cial proceedings, con- ditions.

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