SUP 5252.225-9403 Japanese Liability - Pilotage Services (Jan 1992). Insert the following clause in solicitations and contracts with contractors in Japan. This clause implements Article XVIII, paragraph 10 of the Status of Forces Agreement.

SUP 5252.225-9403 JAPANESE LIABILITY - PILOTAGE SERVICES (JAN 1992)

• (a) This contract shall neither be construed as, nor give rise to, a personal services contract. The Contractor and its agents shall have the benefit of all exemptions from and limitations of liability to which a licensed pilot is entitled under the applicable Japanese Laws.
• (b) The Contractor shall assign in the performance of this contract only pilots duly qualified and licensed under applicable laws and regulations of Japan.
• (c) In all instances where a duly licensed pilot belonging to Japan Pilots' Association is aSSigned, the Contractor, its agents or employees or pilot shall not be liable for damage or loss sustained by the vessel being assisted, its master and crew, and/or any third party, even though such damage or loss resulted from the ordinary negligence of the pilot in the performance of his services; the Contractor's liability is limited to the due pilotage fee. Any responsibility for the amount of damage or loss in excess of the amount of such pilotage fee paid or due the Contractor for the voyage concerned shall be the re~ponsibility of the master or the vessel owner, provided however, that the liability of the master or vessel owner concerned shall not exceed the amount to which the owner is entitled to limit his liability to the third party under applicable law governing the limitation of vessel owner's liability.
• (d) The provisions of paragraph (c) above do not apply to personal liability of the pilot resulting from his wrongful acts or omissions or his grossly negligent acts or omissions.
• (e) In all instances where any vessel being handled by the Contractor under this contract sustains damage or in any instance where the Contractor is involved in any incident resulting in damage to any other vessel or property, death or bodily injury, the Contractor shall secure a report from the licensed pilot aboard the vessel. The Contractor shall submit such report in triplicate to the Contracting Officer within 24 hours following the damage, death or injury. The report shall cover all facts, damages including, the extent of damages and a list of individuals sustaining bodily injury or killed as a result of the incident.