James L.

Liverman

-3-

Relative to the indemnification clause, we explained that the clause
in the Agreement does not relieve the AEC from responsibility in the
event that liability, injury, loss or damage will have resulted from

fault or negligence of the Commission, its contractors, or employees.
Apparently, a legal advisor to the Micronesian Congress felt that the
wording of this clause might relieve the Commission of any responsibility,
whether due to negligence or not.
Mr. Greenleigh explained that the
clause only holds the Commission harmless for damages that do not result

from fault or negligence of the Commission, its contractors, or its

employees.

After the substantive discussion was completed, Mr. Farley expressed
his appreciation to the AEC for its greater cooperation during recent
years.
His attitude reflected an understanding of the limitation on
actions that can be taken by the AEC relative to the Marshallese.
The

meeting was amicable and seemed to reflect an improvement in relations

between the AEC and the Congress of Micronesia.

We agreed to submit the revised draft as proposed by AEC and accepted

by the Micronesian representatives along with a letter of explanation to
the Department of Interior for transmittal to the Trust Territory at an

early date. Consideration of the agreement is to be expedited by both

parties so that the program can be implemented as quickly as possible.

Sidney Marks, M.D.

Biomedical Programs

Division of Biomedical and
Environmental Research

5008455

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