**a.** The Parties shall waive all claims against each other that may arise from the Activity except where such claims arise out of wilful misconduct, recklessness or gross negligence.
**b.** With respect to third party claims arising out of the acts or omissions of Australian and/or Dutch personnel done in the course of the Activity that are not the responsibility of a third party:
Where the Parties mutually determine that responsibility for damage, loss, injury or death can be attributed to one Party, the cost of handling and settling the claim shall be the sole responsibility of that Party;
Where it is mutually determined that both Parties are responsible for the damage, loss, injury or death, the Parties shall enter into consultation to resolve the handling and settling of the claim, with each Party paying an apportioned share based on their degree of responsibility for the damage, loss, injury or death;
Where it is mutually determined that it is not possible to attribute responsibility for damage, loss, injury or death, the cost of handling and settling the claim shall be apportioned equally between the Parties; and
In the event that one Party receives notice of such claims, the receiving Party shall inform the other Party as soon as practicable. The Parties shall assist each other in the procurement of evidence related to such claims.
Artikel 6
Artikel 6
Onderdeel van Verdrag tussen het Koninkrijk der Nederlanden en Australië inzake de aanwezigheid van Australisch overheidspersoneel in Nederland ten behoeve van de reactie op het neerhalen van vlucht MH17 van Malaysia Airlines· Internationaal publiekrecht
Deze tekst geldt sinds 1 augustus 2014