(5) Where there would be entitlement to death grant under the legislation of both Parties, whether by virtue of this Convention or otherwise:
(a)the grant shall be payable only under the legislation of the Party in whose territory the death occurs; or
(b)if the death does not occur in the territory of either Party, the grant shall be payable only under the legislation of the Party under whose legislation the person on whose insurance the right to the grant is determined was last insured before the death.