Sec. 421. Limited indemnity provisions in standby oil spill response contracts
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/bill/116/s/2297/is/section-421·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Subject to subsection (b), a contract for the containment or removal of a discharge entered into by the President (or a delegate) 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 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. Except as provided in the indemnity provisions described in subsection (a), nothing in a contract described in that subsection may create liability of the United States to a contractor for any act or omission for which the contractor is exempt from liability under section 311(c)(4) of the Federal Water Pollution Control Act ( 33 U.S.C. 1321(c)(4) ).
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Sec. 421
Limited indemnity provisions in standby oil spill response contracts
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