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(1) Where a person contracts an industrial disease, after having been subject to the legislation of both Parties in an occupation to which the disease may be attributed and he would be entitled to receive benefit in respect of that disease under the legislation of both Parties, whether by virtue of this Convention or otherwise, the benefit shall be payable only under the legislation of the Party in whose territory he was last employed in that occupation before the disease was diagnosed.
(2) Where a person has suffered an aggravation of an industrial disease which was first contracted while he was subject to the legislation of one Party the competent institution of that Party shall take account of any aggravation which takes place in the territory of the other Party, provided that the aggravation cannot be attributed to employment in the territory of the latter Party in an occupation entailing risks of such disease.
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