PUBLIC LAW 104-239—OCT. 8, 1996 110 STAT. 3125 "(2) SPECIFIC REQUIREMENTS.—Compensation under this subsection— "(A) shall not be less than the contractor's commercial market charges for like transportation resources; "(B) shall include all the contractor's costs associated with provision and use of the contractor's commercial resources to meet emergency requirements; "(C) in the case of a charter of an entire vessel, shall be fair and reasonable; "(D) shall be in addition to and shall not in any way reflect amounts payable under section 652; and "(E) shall be provided from the time that a vessel or resource is diverted from commercial service until the time that it reenters commercial service. "(3) APPROVAL OF AMOUNT BY SECRETARY OF DEFENSE.— No compensation may be provided for a vessel under this subsection unless the gimount of the compensation is approved by the Secretary of Defense. " (d) TEMPORARY REPLACEMENT VESSELS. — Notwithstanding any other provision of this subtitle or of other law to the contrary— "(1) a contractor may operate or employ in foreign commerce a foreign-flag vessel or foreign-flag vessel capacity, as a temporary replacement for a United States-documented vessel or United States-documented vessel capacity that is activated under an Emergency Preparedness Agreement; and "(2) such replacement vessel or vessel capacity shall be eligible during the replacement period to transport preference cargoes subject to section 2631 of title 10, United States Code, the Act of March 26, 1934 (46 U.S.C. App. 1241 -1), and sections 901(a), 901(b), and 901b of this Act to the same extent as the eligibility of the vessel or vessel capacity replaced. " (e) REDELIVERY AND LIABILITY OF UNITED STATES FOR DAMAGES.— "(1) IN GENERAL. —All commercial transportation resources activated under an Emergency Preparedness Agreement shall, upon termination of the period of activation, be redelivered to the contractor in the same good order and condition as when received, less ordinary wear and tear, or the Government shall fully compensate the contractor for any necessary repair or replacement. "(2) LIMITATION ON LIABILITY OF UNITED STATES.— Except as may be expressly agreed to in an Emergency Preparedness Agreement, or as otherwise provided by law, the Government shall not be liable for disruption of a contractor's commercial , business or other consequential damages to a contractor arising from activation of commercial transportation resources under an Emergency Preparedness Agreement. " (3) LIMITATION ON APPLICATION OF OTHER REQUIRE- MENTS.— Sections 902 and 909 of this Act shall not apply to a vessel while it is covered by an Emergency Preparedness Agreement under this subtitle. Any Emergency Preparedness Agreement entered into by a contractor shall supersede any other agreement between that contractor and the Government for vessel availability in time of war or national emergency.
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