Sec. 11307. LIMITED INDEMNITY PROVISIONS IN STANDBY OIL SPILL RESPONSE CONTRACTS
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## SEC. 11307 LIMITED INDEMNITY PROVISIONS IN STANDBY OIL SPILL RESPONSE CONTRACTS **[**[33 U.S.C. 1321 note](/us/usc/t33/s1321)**]** ###
(a)In General Subject to subsections
(b)and (c), a contract with the Coast Guard 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, dated November 17, 1998. ###
(b)Requirements ####
(1)Source of funds 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. ####
(2)Uncompensated removal 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)). ####
(3)Limitation The total indemnity for a claim under a contract described in subsection
(a)may not be more than $50,000 per incident. ###
(c)Applicability of Exemptions 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. 11307
LIMITED INDEMNITY PROVISIONS IN STANDBY OIL SPILL RESPONSE CONTRACTS
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