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U.S. Code as of:
01/19/04
Section 2703. Defenses to liability
(a) Complete defenses
A responsible party is not liable for removal costs or damages
under section 2702 of this title if the responsible party
establishes, by a preponderance of the evidence, that the discharge
or substantial threat of a discharge of oil and the resulting
damages or removal costs were caused solely by -
(1) an act of God;
(2) an act of war;
(3) an act or omission of a third party, other than an employee
or agent of the responsible party or a third party whose act or
omission occurs in connection with any contractual relationship
with the responsible party (except where the sole contractual
arrangement arises in connection with carriage by a common
carrier by rail), if the responsible party establishes, by a
preponderance of the evidence, that the responsible party -
(A) exercised due care with respect to the oil concerned,
taking into consideration the characteristics of the oil and in
light of all relevant facts and circumstances; and
(B) took precautions against foreseeable acts or omissions of
any such third party and the foreseeable consequences of those
acts or omissions; or
(4) any combination of paragraphs (1), (2), and (3).
(b) Defenses as to particular claimants
A responsible party is not liable under section 2702 of this
title to a claimant, to the extent that the incident is caused by
the gross negligence or willful misconduct of the claimant.
(c) Limitation on complete defense
Subsection (a) of this section does not apply with respect to a
responsible party who fails or refuses -
(1) to report the incident as required by law if the
responsible party knows or has reason to know of the incident;
(2) to provide all reasonable cooperation and assistance
requested by a responsible official in connection with removal
activities; or
(3) without sufficient cause, to comply with an order issued
under subsection (c) or (e) of section 1321 of this title or the
Intervention on the High Seas Act (33 U.S.C. 1471 et seq.).
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