Page:United States Statutes at Large Volume 61 Part 4.djvu/275

 61 STAT.] CHINA-TRANSFER OF U. S. VESSELS-DEC. 8, 1947 3619 WHEREAS, the Act of July 16, 1946, United States Public Law 512, 79th Congress, 2nd Session, authorizes, at the request of the 60Stat.39. 50U.S.C. app. Government of the Republic of China, the transfer thereto of Naval § 1871,1872. vessels and craft not to exceed 271 in number, which are in excess of the Naval needs of the Government of the United States, including floating drydocks of capacity sufficient to accommodate any vessel or craft disposed of under authority of the Act, material necessary for the operation and maintenance of such vessels and craft and for the training of the crews of such vessels and craft and the furnishing of other naval assistance, by sale, exchange, lease, gift or transfer for cash, credit or other property, with or without warranty or upon such other terms and conditions as the President may deem proper; and, WHrErAS, the Government of the Republic of China has requested the Government of the United States of America to transfer to it certain specified Naval vessels, craft and floating drydocks and to furnish it certain technical advice and assistance in connection with the organization and maintenance by it of a Naval establishment; Now Then, IT IS HEREBY MTUArALLY AGREED AS FOLLOWS: ARTICLE 1. The Government of the United States of America will cause to be transferred to the Government of the Republic of China those certain Naval vessels, craft and floating drydocks described on Schedule "A" annexed hereto and made a part hereof. Pod, p. 363. ARTICLE 2. Title to all vessels and floating drydocks transferred Title to essels, etc. pursuant to the provisions of Article 1 hereof shall vest in the Govern- ment of the Republic of China at the time of delivery thereof; such delivery to be made "as is, where is", without reimbursement or trans- fer of funds, and at a time to be mutually agreed upon, but not later than the dates set forth in Schedule "A" annexed hereto and made a P ' p 3623- part hereof, and to be evidenced by a delivery certificate in the form prescribed by the Government of the United States of America. From uT.ndeanst claims and after the delivery of said vessels, the Government of the Republic "etc p. 382. of China shall hold harmless and indemnify the Government of the United States of America, its officers, agents, servants and employees, against any and all claims, demands, losses, damages, expenses, and costs, regardless of the nature thereof, of every kind and character, whether arising out of contract or in tort, arising out of or connected with the transfer of such property or the use and operation thereof by the Government of the Republic of China. Without limiting the etcB 0 or 4mm gus generality of the foregoing, the Government of the Republic of China Pot p.3625 shall hold harmless and indemnify the Government of the United States of America, its officers, agents, servants, and employees against any and all claims, demands, expenses, damages and costs arising or growing out of the transfer to the Government of the Republic of China of Bofors 40mm guns or guns of similar type made or produced under or pursuant to an agreement dated June 21, 1941, [1] between the United States of America and Aktiebolaget Bofors. 1 [Not printed.]

�