AGREEMENT made this 16th day of March, 1956, by and between the United States Atomic Energy Commission (hereinafter referred to as the "Commission") and the President of India (hereinafter referred to as the "Government").


WITNESSETH THAT the parties agree as follows

5. Prior to delivery, the heavy water sold under this Agreement shell be packed for shipment In stainless steel containers provided by the Commission. The coi ' tniners shell be cleaned, tested and marked for delivery by the Commission. Cost of containers and other costs Incurred by the Commission under this paragraph shall be certified by the Commission and reimbursed by the Government as provided in paragraph 2.

6. Heavy water sold under this Agreement shall be at the sole risk of the Government from the time delivery is accepted by the Government and from such time shall be without warranty, either expressed, implied or statutory. Such risk shall include any loss or damages resulting from containers or packaging, or other acts of the Commission performed In accordance with paragraph 5 of this Agreement. Notwithstanding the foregoing, the Commission will furnish additional quantities of heavy water to replace any heavy water lost or damaged in transit at die same price and under the other terms and conditions of this Agreement.

7. Weight and deuterium content of heavy water sold under this Agreement shall be ascertained by the Commission In accordance with Its normal practices and shall be certified. In accordance with procedures to be naturally agreed, the Government may test the heavy water for purity prior to accepting. Any claim must be made before delivery and acceptance.

8. The Commission shall not be liable for any failure to deliver or delay in delivering the heavy water under this Agreement when such failure or delay is due to any cause beyond its control.

9. The Government agrees that neither this Agreement nor any Interest thereunder shall be assigned. The heavy water sold hereunder shall be for use only in India by die Government In connection with research into and the use atomic energy for peaceful purposes, and shall be retained by the Government, or by other parties authorised by the Government to receive it, and not resold or otherwise distributed.

10. This agreement shall be construed in accordance with the laws of the United States of America.


IN WITNESS WHEREOF, the parties hereto, by representative duly nutborlsod, have executed this Agreement as of the day and year first above written.

WITNESS: John A. Hall

FOR AND ON BEHALF OF THE UNITED STATES ATOMIC ENERGY COMMISSION: Lewis L. Strauss

WITNESS: S. Krisnhnamurti

FOR AND ON BEHALF OF THE PRESIDENT OF INDIA: Homi J. Bhabha