8 DE MARÇO DE 1985

2189

governed by this Agreement and its Annexes, particularly H, 1, and J, and by the provisions of the Agreement between the Parties to the North Atlantic Treaty Regarding the Status of their Forces of June 19, 1951.

2 — These forces, their members, members of the civilian component, and their dependents shall respect Portuguese law and abstain from any activity inconsistent with the spirit of this Agreement. It is the duty of the United States to take necessary measures to that end.

ARTICLE VI

Responsability for construction and maintenance and for related costs

1 — The United States Government will be responsible for constructing, equipping and maintaining United States use, facilities.

2 — The Portuguese Government and the United States Government are individually and jointly responsible for constructing, equipping and maintaining joint use facilities.

3 — The United States Government is responsible for constructing, equipping and maintaining devices, fences or other passive means necessary for the protection of the facilities referred to in paragraphs 1 and 2.

4 — The Portuguese Government is responsible for the lease, expropriation or acquisition of land for use pursuant to this Agreement.

5 — The Portuguese Government is responsible for the construction of dwellings for Portuguese families dislocated by virtue of construction of agreed facilities. The relocation of persons, property and military installations will be a Portuguese Government responsibility.

6 — Costs will be allocated as follows:

a) The United States Government will be responsible for all costs associated with paragraph 1;

b) All costs associated with paragraphs 2, 3, 4 and 5 shall be shared as mutually agreed by the two Governments.

7 — New external construction, including new structures and additions to present structures which alter their appearance or purpose, requires approval of the Azores Air Command. In this connection, the United States Command shall submit for approval by the Azores Air Comand conceptual plans for such construction, including plans, site plans and elevation drawings which provide final dimensions. The Azores Air Command shall make every effort to reply to such requests within six months. An information copy of the final construction plans shall be provided to the Azores Air Command.

8 — The United States Forces Command is authorized to equip and maintain agreed facilities and devices, fences and other means necessary for protection of these facilities, provided the general appearance or contractors (*) acting on behalf of the United Sta-

9 — The United States may use its own personnel or contractors (*) acting on behalf of the United States Forces and selected in accordance with United States contracting procedures and legal requirements,

in the construction, improvement, maintenance or operation of the agreed facilities. In selecting such contractors, the United States will utilize Portuguese contractors to the maximum extent feasible.

10 — The Government of the United States shall encourage its contractors to fulfill their manpower requirements with Portuguese nationals to the maximum extent feasible.

11 — The Government of the United States shall require that contractors and subcontractors (*) of the United States Forces obtain insurance to cover injuries to persons or damage to property that may occur in Portuguese territory as a result of acts or omissions done in the perfomance of duty by their employees.

C) Throughout the Portuguese text: adjudicatories.

ARTICLE VII Property rights

1 — All buildings, structures and utilities connected to the soil, including respective wiring, piping of any nature and sanitary and heating installations, are upon construction the property of Portugal, although they may be used fully by United States Forces while the Agreement is in force and in accordance with its terms. Upon termination of this Agreement, such property shall be left in place in serviceable condition. No compensation will be owed by the Government of Portugal.

2 — The United States may at any time remove any movable material belonging to it, including equipment, machinery, supplies and temporary structures. However, with the exception of classified material, and of equipment required elsewhere by the United States Forces, equipment essential to the operation of Lajes Air Base shall not be removed without the Portuguese Government being given an opportunity to purchase it. The conditions of purchase shall be agreed upon by the two parties in the spirit of friendship and mutual assistance which forms the basis of this Agreement and in accordance with the exchange of notes of December 13, 1983, on Defense and Economic Support.

3 — In recognition of the importance of the continued functioning of the Lajes Airdrome, the United States shall not upon termination of this Agreement remove any equipment essential to the operation of the airdrome without first consulting with the Portuguese Government and giving it the opportunity of receiving such equipment either by sale, grant, or other favorable basis, in accordance with United States law. The determination of the manner in which the equipment may be provided shall be made by the United States Government in the spirit of friendship and mutual assistance which forms the basis of this Agreement.

4 — The departments of defense of the two countries shall study the feasibility of assuring the continuing operation of any 'highly specialized installations and equipment remaining in the possession of the Portuguese Air Force after the termination of this Agreement.

5 — No rent shall be due for the use of the agreed facilities.