Indemnity for Tiyan (former NAS) Liabilities

Whenever the government of Guam, upon signature of I Maga’håga/Maga’låhi, 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 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). I Maga’håga/Maga’låhi 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.