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Terms Used In 5 Guam Code Ann. § 1509

  • Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
Whenever the government of Guam, upon signature of the Governor, indemnifies the United States government pursuant to execution of a license, lease, or other agreement to occupy and use land and facilities at the former Naval Air Station (NAS), now known as Tiyan, the government of Guam shall indemnify and hold harmless the government of the United States and agencies thereof for any loss to the government of the United States resulting from any liability in tort for wrongful death or personal injury claims up to an amount equal to the extent that the Federal

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COL 7/27/2023

5 Guam Code Ann. GOVERNMENT OPERATIONS
CH. 1 OFFICE OF THE GOVERNOR

Tort Claims Act declares liability for the government of the United States and its agencies for the land and facilities so licensed, leased, or subject to agreement, and for the time period applicable to the license, lease, or agreement. This liability for indemnification and to hold harmless shall not extend to any existing environmental problems or hazards covered by CERCLA
120 (h). The Governor is authorized to enter into such an indemnification agreement pursuant to this section. Except for
indemnification claims against the government of Guam by the government of the United States and its agencies, the government
of Guam shall not be liable for any tort claim arising out of its use and occupation of land and facilities at the former Naval Air Station (NAS), now known as Tiyan, in excess of the liability
limits set forth in the Government Claims Act, Chapter 6 of Title
5, Guam Code Annotated.

SOURCE: Added by P.L. 23-001 (Mar. 30, 1995).

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