Page:United States Statutes at Large Volume 62 Part 3.djvu/1252

 62 STAT.J PHILIPPINES-LEASE OF VESSELS- Sept . 26. Dec. 9, 1947 May 6, June 7, 1948 those arising by reason of the transfer or use of Bofors 40 mm guns or guns of similar types made or produced under or pursuant to an agreement dated June 21, 1941 between the Government of the United States of America and Aktisbolaget Bofors), regardless of the nature thereof, arising out of or connected with the transfer, use, and opera- tion of the vessel, and whether or not said liability arises out of con- tract or tort; and nothing contained herein shall be construed to give rise to or to permit or to confer or recognize the existence of any lien of any character against any of such vessels, but the Charterers shall indemnify and hold harmless the Owners by reason of any lien lia- bilities that may be chargeable to or asserted against any such vessel. ARTICLE VII UPON the expiration of this charter, or upon prior redelivery of any vessels, each vessel, unless lost, shall be redelivered at a port of the United States of America or other location as may be designated by the Owners in such condition as the vessel is in at the termination of its operational service. Should any vessel during the currency of this charter sustain any damage from any cause whatsoever, as in the opinion of the Charterers render it expedient to treat her as a total loss, the Charterers shall, where practicable, consult with the Owners before declaring her to be a total loss. ARTICLE VIII IT is understood and agreed that, in the event of a total loss of any vessel subject to this Charter, all right, title and interest of the Owners in and to such vessel shall vest in the Charterers as of the date of the loss thereof. ARTICLE IX NOTWlTHrSTANDINO the provisions of Article V of the agreement be- tween the Government of the Republic of the Philippines and the Government of the United States of America on military assistance dated March 21,1947 and this Charter, the Owners and the Charterers may agree, as to any or all of the vessels covered by this Charter, that title be transferred to the Charterers under the provisions of United States Public Law 454, 79th Congress, 2nd Session. In the event that it is agreed that title to any or all of the vessels covered by this Charter be transferred to the Charterers, such vessels shall be striken from the list of vessels covered by this Charter and transfer of title shall be evidenced by a delivery certificate or document in a form to be prescribed by the Secretary of the Navy, and shall be made upon the express condition that the Government of the Republic of the Philip- pines will hold harmless and indemnify the Government of the United States, its officers, agents, servants and employees against any and all claims, demands, losses, damages, expenses and costs regardless of the nature thereof, arising out of or connected with the transfer of title to such vessel or vessels or the use and operation thereof by the Gov- ernment of the Republic of the Philippines, whether or not said lia- 3873 Redelivery of ves- sels upon expiration of charter. Title, etc., in c.se od totel loss. Transfer of title. 61 Stat., Pt. 3, 1). 3284. 60 Stat. 315. 50 U..SC. app. §§ 1861-186fi.

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