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U.S. Code as of:
01/19/04
Section 2708. Recovery by responsible party
(a) In general
The responsible party for a vessel or facility from which oil is
discharged, or which poses the substantial threat of a discharge of
oil, may assert a claim for removal costs and damages under section
2713 of this title only if the responsible party demonstrates that
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(1) the responsible party is entitled to a defense to liability
under section 2703 of this title; or
(2) the responsible party is entitled to a limitation of
liability under section 2704 of this title.
(b) Extent of recovery
A responsible party who is entitled to a limitation of liability
may assert a claim under section 2713 of this title only to the
extent that the sum of the removal costs and damages incurred by
the responsible party plus the amounts paid by the responsible
party, or by the guarantor on behalf of the responsible party, for
claims asserted under section 2713 of this title exceeds the amount
to which the total of the liability under section 2702 of this
title and removal costs and damages incurred by, or on behalf of,
the responsible party is limited under section 2704 of this title.
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