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II SÉRIE — NÚMERO 64

ARTICLE VIII Procurement

When procuring goods or services, the United States agrees in accordance with its laws and regulations to use Portuguese sources whenever feasible, provided those goods or services meet United States specifications and standards, are available at the desired local within the time limits specified, and are equal to or lower in cost than those from other sources. Upon the request of the United States Forces, the competent Portuguese authorities will furnish administrative support in the preparation and execution of procurements in Portugal.

ARTICLE IX Implementing arrangements

The Azores Air Command and the Command of the United States Forces shall establish between themselves within the spirit of cooperation expressed in this Agreement any additional arrangements or local regulations necessary for the implementation of the Agreement and its annexes. Such arrangements and regulations shall be consistent with the Agreement and shall be in writing.

ARTICLE X Authentic texts and entry into force

This Agreement, including its Annexes (hereinafter referred to as the Agreement) shall be concluded in the english and portuguese languages, both texts being equally authentic. The Agreement shall enter into force once the parties have notified each other in writing that they have satisfied their respective constitucional requirements. The Technical Agreement of November 15, 1957, shall be terminated on the date that this Agreement enters into force.

ARTICLE XI Amendments end duration

This Agreement may be modified at any time by further agreement of the United States Government and the Government of Portugal and shall remain in force so long as the authorization described in the exchange of notes of December 13, 1983, relating to the Defense Agreement of September 6, 1951, remains in force.

Done at Lisbon, May 18, 1984.

For the Government of the United States of America:

(Illegible signature.)

For the Government of the Portuguese Republic: Carlos Alberto da Mota Pinto.

Annex A

FaoiBttes

ARTICLE I Definitions

For the purpose of this Agreement:

1) «Facilities» includes areas, installations, buildings and utilities;

2) «United States use facilities') are the facilities normally used exclusively or primarily by United States Forces;

3) «Foint use facilities)) are the facilities used by Portuguese Forces and United States Forces. They may be operated by either force or jointly.

4) «Agreed facilities* are United States use facilities and joint use facilities.

5) Nothing in the above definitions or in the provisions of this Agreement shall affect the existing rights of die public or of third persons.

ARTICLE II Register of agreed facilities

It is the responsibility of the two Commands jointly maintain a. complete register of all agreed facilities, including buildings, areas, capacities, borders and other necessary elements. This register will also include a set of maps of the agreed facilities. A map showing die general location of all agreed facilities has been agreed to as of the date of signature of this agreement.

ARTICLE III island of Tercelra

1 — Lajes Air Base consists of all the operational military infrastructures and support facilities inside the limits of Lajes Air Base, including areas for the use of United States Forces, areas for joint use and an area for civilian use for the support of authorized commercial flights. Other agreed facilities on Terceira island are included in the register referred to in article ii of this Annex.

2 — In areas surrounding, leading from, or leading to agreed facilities the United States requires access rights with regard to landowners to take necessary action in support of the agreed facilities, including the right to raise and lower existing antennas; to lay, repair and maintain water and POL pipelines and electrical, communication and power lines; and to excavate for these purposes. The Government of Portugal will seek to acquire continuing access rights for this purpose, to ensure that the United States is permitted access at anytime, without prior notice, to these areas, with costs to be shared as mutually agreed. Damages incurred during die exercise of these rights shall be paid for in accordance with the provisions of article v of the Agreement. In cases where rock fences must be torn down to gain access, the United States will be authorized to construct suitable gates, provided it will ensure that such fences are replaced on termination of its occupancy, if so desired. In the interim, the Azores Air Command will use its best efforts to ensure such access.