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119 | II Série A - Número: 068S1 | 13 de Março de 2008

a. was caused by EUROGENDFOR Personnel in the execution of their duties in the framework of this Treaty; or b. arose from the use of any vehicle, vessel, aircraft, arms or other equipment owned by the other Party and used by its services, provided either that the vehicle, vessel, aircraft, arms or equipment causing the damage was being used in the framework of this Treaty; or that the damage was caused to property being so used.
2. Each Party waives all its claims against any other Party for injury or death suffered by EUROGENDFOR Personnel in the performance of their official duties.
3. The waiver referred to in paragraphs 1 and 2 shall not apply if the damage, injury or death results from gross negligence or wilful misconduct of the personnel of one Party and consequently the costs of such damage, injury or death shall be paid by that Party.
4. Notwithstanding the exception mentioned in paragraph 3, each Party waives its claims in any case where the damage is less than a minimum amount to be determined by CIMIN.

Article 29 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;