Authority to Hold Harmless and Indemnify in Certain Circumstances Under One Contract

[Federal Register Volume 68, Number 76 (Monday, April 21, 2003)]
[Presidential Documents]
[Page 19705]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-9988]

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Part III

The President

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Memorandum of April 17, 2003--Authority to Hold Harmless and Indemnify
in Certain Circumstances Under One Contract

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Title 3--
The President

Memorandum of April 17, 2003

Authority to Hold Harmless and Indemnify in
Certain Circumstances Under One Contract

Memorandum for the Administrator of the United States
Agency for International Development

1. You are authorized for the United States Agency for
International Development (USAID) to exercise authority
under Public Law 85-804, as amended (50 U.S.C. 1431 et
seq.), to the same extent and subject to the same
conditions and limitations as the head of a department
or agency listed in section 21 of Executive Order 10789
of November 14, 1958, as amended, with respect to one
contract identified in subparagraph (a) of this
memorandum and solely for the purpose identified in
subparagraph (b).

(a) The contract is for repair and reconstruction
in Iraq and is awarded on or before September 30, 2003.
(b) The purpose is to hold harmless and indemnify
with respect to claims, losses, or damage arising out
of or resulting from exposure, in the course of
performance of the contract to which subparagraph (a)
refers, to:

(i) chemical, biological, radiological, or nuclear weapons, agents, or
materials;

(ii) land or sea mines or similar explosive devices; or

(iii) unexploded ordnance.

2. The function performed by USAID in awarding the
contract to which paragraph 1 refers is a function
connected with the national defense. There are
currently national emergencies that have been declared
by the President in accordance with applicable law. I
deem that the authorization provided by paragraph 1 and
actions taken pursuant to that authorization would
facilitate the national defense.

3. You are authorized and directed to publish this
memorandum in the Federal Register.

(Presidential Sig.)B

THE WHITE HOUSE,

Washington, April 17, 2003.