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B-189121 1 (1977-11-30)

handle is hein.gao/gaobadfku0001 and id is 1 raw text is: THE COMPTROLLER GENERAL OECISION .F . aQ THE UNITE *rATUe WASHING3TOo. D. C. RO54S FILE: f-189121 DATE: November 30, 1977 4I MATTER OF: Kim Xum DIGEST: Where Government leases property in foreign country and lessor fails or refuses to collect rental checks tendered to him payable in foreign currency as provided by leas agreement, and foreign currency is now valueless, lessor is not entitledto be paid in dollars since risk of cur- rency devaluation was on lessor. No officer or employee of Covernment may modify lease to favor another party unless some compensating benefit is received by Government. Kim Xum appeals from the denial of his claim for paymentq alleged L be due under a lease exqcuted bntween him and the United States Secretary of Stat. The claim was denied by our Claims Division Settlement Certificate dated September 30. 19/6. Pursuant to lease No. S-64'-PBO-72/72,idated August 23, 1971, the claimant leased to the United Sta es Secretary of State certain'property for use as an Embarsy residence in Phnem Penh4 Khmer Republic, for a term of 2 years at the stipulated rental of 25,000 riels per month. payable quarterly in dr.cce after the initial year of occupancy. The lease igreement permitted renewal of the lease for up to four further 1-year terms under the same terms and conditions ax the original lease at the option of the Secretary of State, mnd also provLded that the Secretary of State cou d terminate the leasL at any time after giving 30 days notice to the lessor. Notice of termination was given on April 12, 1975, effective May 12, 1975. The claimant has claimed $6,750, the rent for the period January 1, 1974 through March 31, 1975, in U.S. currency at the 1971 conversion rate. The record indicates that paymert vouchers and checks covering the pertod in question were processed by the U.Z. Disbursing Officer o1 the American Embassy at Phnom Penh on a quarterly basis as required by the lease agreerment. However, the claimant failed or refused to collect the checks. The refusal by the creditor of a proper tender of the money due him I

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