Damage to third parties. 1. In the event of damage caused to a third party or to the property of the third party by a member or property of one of the Parties in preparing and carrying out the tasks referred to in this Treaty, including exercises, the compensation of said damage shall be shared by the Parties as specified in implementing agreements or arrangements, referred to in Article 45 and in accordance with the following provisions: a. claims shall be filed, considered and settled or adjudicated in accordance with the laws and regulations of the Host State or the Receiving State with respect to claims arising from the activities of EUROGENDFOR; b. the Host State or the Receiving State may settle any such claims; the payment of the amount agreed upon or determined by adjudication shall be made by the Host State or the Receiving State in euros; c. such payment, whether made pursuant to settlement or to adjudication of the case by a competent tribunal of the Host State or the Receiving State, or the final adjudication by such a tribunal denying payment, shall be binding and conclusive upon the Parties concerned; d. every claim paid by the Host State or the Receiving State shall be communicated to the Sending States concerned together with full particulars and a proposed distribution in conformity with this Article. In default of a reply within two months, the proposed distribution shall be regarded as accepted. 2. If, however, such damage results from gross negligence or wilful misconduct of the personnel of a Party, the costs of any damage shall be borne by that Party alone. 3. A member of EUROGENDFOR Personnel shall not be subject to any proceedings for the enforcement of any judgement given against him or her in the Host State or the Receiving State in a matter arising from the performance of his official duties. 4. Notwithstanding any individual liability in the event of damages caused to a third party or the property of a third party by a person or property of one of the Parties not done in the performance of official duty, claims in respect of these damages shall be dealt with in the following manner: a. the authorities of the Host State or the Receiving State shall consider the claim and assess compensation to the claimant in a fair and just manner, taking into account all circumstances of the case, including the conduct of the injured person, and shall prepare a report on the matter; b. the report shall be delivered to the authorities of the Sending State, who shall then decide without delay whether they will offer an ex gratia payment, and if so, of what amount; c. if an offer of ex gratia payment is made, and accepted by the claimant in full satisfaction of his claim, the authorities of the Sending State shall make the payment itself and notify the authorities of the Host State or the Receiving State of its decision and of the sum paid; d. nothing in this paragraph shall affect the jurisdiction of the courts of the Host State or the Receiving State to entertain an action against EUROGENDFOR Personnel unless and until there has been payment in full satisfaction of the claim.
Appears in 3 contracts