Where provisions of national health insurance, social insurance,social security, workmen's compensation or occupational diseasecompensation systems include compensation for nuclear damage, rights ofbeneficiaries under such systems and rights of subrogation, or of recourseagainst the operator, by virtue of such systems, shall be determined bythe law of the Contracting State having established such systems. However,if the law of such Contracting State allows claims of beneficiaries ofsuch systems and such rights of subrogation and recourse to be broughtagainst the operator in conformity with the terms of this Convention, thisshall not result in the liability of the operator exceeding the amountspecified in paragraph 1 of Article III.
Article VII
1. Where nuclear damage engages the liability of more than oneoperator and the damage attributable to each operator is not reasonablyseparable, the operators involved shall be jointly and severally liablefor such damage. However, the liability of any one operator shall notexceed the limit laid down in Article III.
2. In the case of a nuclear incident where the nuclear damage arisesout of or results from nuclear fuel or radioactive products or waste ofmore than one nuclear ship of the same operator, that operator shall beliable in respect of each ship up to the limit laid down in Article III.
3. In case of joint and several liability, and subject to theprovisions of paragraph 1 of this Article:
(a) Each operator shall have a right of contribution against theothers in proportion to the fault attaching to each of them:
(b) Where circumstances are such that the degree of fault cannotbe apportioned, the total liability shall be borne in equal parts.A
Article VIII
No liability under this Convention shall attach to an operator inrespect to nuclear damage caused by a nuclear incident directly due to anact of war, hostilities, civil war or insurrection.
Article IX
The sums provided by insurance, by other financial security or byState indemnification in conformity with paragraph 2 of Article III shallbe exclusively available for compensation due under this Convention.
Article X
1. Any action for compensation shall be brought, at the option of theclaimant, either before the courts of the licensing State or before thecourts of the Contracting State or States in whose territory nucleardamage has been sustained.
2. If the licensing State has been or might be called upon to ensurethe payment of claims for compensation in accordance with paragraph 2 ofArticle III of this Convention, it may intervene as party in anyproceedings brought against the operator.
3. Any immunity from legal processes pursuant to rules of national orinternational law shall be waived with respect to duties or obligationsarising under, or for the purpose of, this Convention. Nothing in thisConvention shall make warships or other State-owned or State-operatedships on non-commercial service liable to arrest, attachment or seizure orconfer jurisdiction in respect of warships on the courts of any foreignState.
