WITNESSETH THAT the parties agree as follows
1. The Commission shall sell and deliver to the Government and the Government shall buy and accept twenty-one (21) short tons (forty-two thousand (42,000) pounds avoirdupois) of heavy water (deuterium oxide D20) of not less than
2. The price to the Government shall be Twenty-Eight Dollars ($28.00) (U.S.) per pound of heavy water, payable in U.S. currency at the time of delivery, plus such additional amounts as shall represent the actual cost to the Commission under paragraph
3. The foregoing prices shall be f.o.b. plant site to be designated In each instance of delivery by the Commission and delivery shall be accepted by the Government at such site.
4. Delivery and acceptance of the heavy water sold and purchased under this Agreement shall be made in accordance with the following schedules:
6 Short Tons on or about April 15, 1956
The Government may postpone any of the above scheduled deliveries if it notifies the Commission at least two weeks prior to the specified delivery date of the shipment which the Government wishes to postpone. The Commission shall make delivery of the shipment so postponed on a date indicated by the Government, which date shall be communicated to the Commission at least thirty (30) days before the date the shipment is desired. Delivery dates under the above schedule may be advanced by mutual agreement of the parties.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