Page:United States Statutes at Large Volume 60 Part 2.djvu/484

 60 STAT.] UNITED KINGDOM-PATENT RIGHTS, ETC.-MAR. 27, 1946 less the nationals of the other Government whom such Government requests so to be indemnified against all claims asserted by the na- tionals of the indemnifying Government under any patents or regis- tered designs for the use of any method or process and for the manu- facture, use, or disposition of any article, which method, process, or article was used, manufactured, or disposed of to the extent set forth in Article II of this Agreement in the course of manufacture, use, or disposition for the essential war needs of the civilian population of the country of the nationals whom it is sought to indemnify; provided, however, that requests for indemnities under this Article X shall be made only in cases where the formal requisitions for the rights under the patents or registered designs involved shall have been filed with the indemnifying Government on or before April 8, 1946, and pro- vided further that such requests shall be made only in cases where the requesting Government had assured its nationals whom it seeks to have indemnified that they would be saved harmless from liability in respect of such claims. Nothing in this Article X shall be construed as conferring any rights on any national of either country to assert any claim against the Government of the other country. (b) The indemnities set forth in this Article X shall be subject to the nationals whom it is sought to indemnify agreeing to comply sub- stantially with the conditions and procedure set forth in Articles VII and IX of this Agreement. It is understood that the limitation set forth in paragraph (e) of Article IX shall apply to the obligation of the Government of the United States of America under this Article X. ARTICLE XI In order to avoid conflict with the understanding contained in this Agreement, departments or agencies of the Government of the United States of America, which negotiate contracts for production in the United States of America, pursuant to specifications furnished by or on behalf of the Government of the United Kingdom, will not require contractors in the United States of America to give indemnities to the Government of the United States of America which would be likely to result in efforts by the contractors to obtain an off-setting indemnity from the Government of the United Kingdom; the Government of the United Kingdom assumes a reciprocal obligation toward the Government of the United States of America. ARTICLE XII Anything contained in this Agreement to the contrary notwith- standing, any obligations heretofore or hereafter undertaken by the Government of the United Kingdom pursuant to the provisions of Section 7 of the Act of the Congress of the United States approved March 11, 1941 (Public 11, 77th Congress), as amended, as such obli- gations may be interpreted by the President of the United States of America or by a United States court of competent jurisdiction, shall be performed by the Government of the United Kingdom. 1573 Ante, p. 1li7. Certain indemnitie not required. Performane of cer- tain obligations by United Kingdom. 55 8tat. 33. 22 U.. C ., 8upp. V, 416.

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