Page:United States Statutes at Large Volume 63 Part 3.djvu/196

 2500 Aertion of certain .aims. "Owned. " "Vessel owned by a Oontracting Oovern- ment." Insraane. INTERNATIONAL AGREEMENTS OTHER THAN TREATIES [63 STAT. (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 Government. (5) Nothing in this Article, or elsewhere herein, shall be construed to waive any claims of the French Government, as an insured, under policies of hull insurance effected by the United States Government on vessels bareboat chartered to the French Government and time chartered back to the United States Government. 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, and in consequence claims which would other- wise be required to be waived under this Agreement shall be asserted. Any recoveries, however, shall be waived by the Government entitled to such recoveries or at the option of such Government shall be dealt with in such other way as will give effect to the purposes of the Agreement. Article III (1) The ownership referred to by the word "owned" as used in this Agreement shall include the interest which one of the Contract- ing Governments may have in a vessel or cargo by reason of the assumption by such Government, whether under charter, requi- sition or decree or by virtue of insurance, indemnity, or other- wise, of rights, or liabilities, or both, of the owners of such vessel or cargo respectively, notwithstanding the fact that any such interest may be insured or reinsured with private under- writers. The expression "vessel owned by a Contracting Government" includes but is not limited to a vessel on bareboat charter to a Contracting Government or requisitioned by the Contracting Government on bareboat terms, or time chartered to or other- wise operated by or for a Contracting Government on terms which authorize such Government to make this Agreement effective with respect to such vessel. The term "vessel" shall include a naval vessel. (2) Each Government represents that, by reason of this Agreement or arrangements made in connection therewith, any insurance which it may cause to be taken out or which it has caused to be taken out on any ship or cargo being the property of such Government, or of any wholly-owned agency or instrumentality of such Government, is, wherever any waiver provided for in this Agreement would in the absence of such insurance apply,

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