Sec. 10105. Limited indemnity provisions in standby oil spill response contracts
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Subject to subsections
(b)and (c), a contract for the containment or removal of a discharge entered into by the President under section 311(c) of the Federal Water Pollution Control Act ( 33 U.S.C. 1321(c) ) shall contain a provision to indemnify a contractor for liabilities and expenses incidental to the containment or removal arising out of the performance of the contract that is substantially identical to the terms contained in subsections
(d)through
(h)of section H.4 (except for paragraph
(1)of subsection (d)) of the contract offered by the Coast Guard in the solicitation numbered DTCG89–98–A–68F953 and dated November 17, 1998. The provision required under subsection
(a)shall include a provision that the obligation to indemnify is limited to funds available in the Oil Spill Liability Trust Fund established by section 9509(a) of the Internal Revenue Code of 1986 at the time the claim for indemnity is made. A claim for indemnity under a contract described in subsection
(a)shall be made as a claim for uncompensated removal costs under section 1012(a)(4) of the Oil Pollution Act of 1990 ( 33 U.S.C. 2712(a)(4) ). The total indemnity for a claim under a contract described in subsection
(a)may not be more than $50,000 per incident. Notwithstanding subsection (a), the United States shall not be obligated to indemnify a contractor for any act or omission of the contractor carried out pursuant to a contract entered into under this section where such act or omission is grossly negligent or which constitutes willful misconduct.
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Sec. 10105
Limited indemnity provisions in standby oil spill response contracts
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