stipulation No. 5. (To fepply to leases resulting from this 

 lease sale on tracts 41-1, 41-2, 41-76 thru 41-84, and 41-117 

 thru 41-128.) 



Whether or not compensation for such damage or injury might 

 be due under a theory of strict or absolute liability or 

 otherwise, the lessee assumes all risks of damage or 

 injury to persons or property, which occurs in, on, or 

 above the Outer Continental Shelf, to any persons or 

 persons or to any property of any person or persons who 

 are agents, employees or invitees of the lessee, its 

 agents, independent contractors or subcontractors doing 

 business with the lessee in connection with any activities 

 being performed by the lessee in, on, or above the Outer 

 Continental Shelf, if such injury or damage to such 

 person or property occurs by reason of the activities of 

 any agency of the U.S. Government, its contractors or 

 subcontractors, or any of their officers, agents or 

 employees, being conducted as a part of, or in connection 

 with, the programs and activities of the Gulf Test Range, 

 the Pensacola Naval Air Station, Eglin Air Force Base, 

 MacDill Air Force Base, Tyndall Air Force Base or Naval 

 Air Advance Training Command, Naval Air Station, Corpus 

 Christi, Texas. The lessee assumes this risk whether such 

 injury or damage is caused in whole or in part by any 

 act or omission, regardless of negligence or fault, 

 of the United States, its contractors or subcontractors, 

 or any of their officers, agents, or employees. The 

 lessee further agrees to indemnify and save harmless the 

 United States against all claims for loss, damage, or 

 injury sustained by the lessee, and to indemnify and save 

 harmless the United States against, and to defend at its 

 own expense the United States against, all claims for 

 loss, damage, or injury sustained by the agents, employees, 

 or invitees of the lessee, its agents or any independent 

 contractors or subcontractors doing business with the lesse 

 in connection with the programs and activities of the 

 aforementioned military installations, whether the same 

 be caused in whole or in part by the negligence or fault 

 of the United States, its contractors, or subcontractors, 

 or any of their officers, agents, or employees and whether 

 such claims might be sustained under theories of strict 

 or absolute liability or otherwise. 



62. See note 39. 



63. Ibid . 



64. Ibid. 



67 



