489 



9. "Organization" means the Inter-Governmental Maritime Con- 

 sultative Organization 



Article II 



This Convention shall apply exclusively to pollution damage caused 

 on the territory including the territorial sea of a Contracting State and 

 to preventive measures taken to prevent or minimize such damage. 



Article III 



1. Except as provided in paragraphs 2 and 3 of this Article, the 

 owner of a ship at the time of an incident, or where the incident con- 

 sists of a series of occurrences at the time of the first such occurrence, 

 shall be liable for any pollution damage caused bv oil which has es- 

 caped or been discharged from the ship as a result of the incident. 



2. No liability for pollution damage shall attach to the owner if he 

 proves that the damage: 



(a) resulted from an act of war, hostilities, civil war, insurrec- 

 tion or a natural phenomenon of an exceptional, inevitable and 

 irresistible character, or 



(b) was wholly caused by an act or omission done with intent to 

 cause damage by a third })arty, or 



(c) was wholly caused by the negligence or other WTongful act of 

 any Government or other authority responsible for the main- 

 tenance of lights or other navigational aids in the exercise of that 

 function. 



3. If the owner proves that the pollution damage resulted wholly or 

 partially either from an act or omission done with intent to cause 

 damage by the person who suffered the damage or from the negligence 

 of that person, the owner may be exonerated wholly or partially from 

 his liability to such person. 



4. No claim for compensation for pollution damage shall be made 

 against the owner otherwise than in accordance with this Convention. 

 No claim for iM)llution damage under this Convention or otherwise 

 may be made against the servants or agents of the owner. 



5. Nothing in this Convention shall prejudice any right of recourse 

 of the owner against third parties. 



Article IV 



When oil has escaped or has been discharged from two or more ships, 

 and pollution damage results therefrom, the owners of all the ships 

 concerned, unless e.xonerated under Article III, shall be jointly and 

 severally liable for all such damage which is not reasonably se[)arable. 



Article V 



1. The owner of a ship shall be entitled to limit his liability under 

 this Convention in respe<!t of any one incident to an aggregate amount 

 of 2,000 francs for each ton of the ship's tonnage. However, this ag- 

 gregate amount shall not in any event exceed 210 million francs. 



2. If the incident occurred as a result of the actual fault or j)rivity 

 of the owner, he shall not be entitled to avail himself of the limitation 

 provided in paragraph 1 of this Article. 



