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November 25, 1988


THIS AGREEMENT is made the one thousand nine hundred and eighty eight BETWEEN THE GOVERNMENT OF THE REPUBLIC OF THE PHILIPPINES (hereinafter called the Government of the Philippines) of the one part AND THE GOVERNMENT OF THE KINGDOM OF BELGIUM (hereinafter called the Government of Belgium) of the other part.

WHEREAS:

1. The Government of the Philippines and the Belgo-Luxemburg Economic Union having concluded the General Agreement on economic, industrial, scientific, technical and development cooperation dated the 15 January 1987;

2. The Government of the Philippines is desirous of carrying out the development of the fish industry in CEBU;

3. The Government of Belgium is willing to fund this project.

NOW IT IS HEREBY AGREED as follows:

ARTICLE I
(THE STUDY AND WORKS)

The Government of Belgium shall through its consultants and/or contractors carry out the study and realization of several works concerning the modernization, the extension and the development of fish industry in CEBU in accordance with the terms of reference set out in Annex I of this Agreement.

ARTICLE II
(OBJECTIVE)

The Objective of the project shall be to:

- Conduct a study concerning the modernization and rehabilitation of the existing fish market at Pasil;

- Conduct also a study concerning the municipal fish landing facilities and road infrastructure towards Pasil Market;

- Study other industrial fish equipments in order to improve the fish quality, the control and the trade of processing possibilities;

- Realize the corresponding works and deliver and install the appropriate equipment.

ARTICLE III
(RESPONSIBLE AGENCIES)

The Government of the Kingdom of Belgium designates the Belgian Administration for Development Cooperation (BADC) as its agency responsible for the execution of the Project, this Authority being represented in the Philippines by the Belgian Embassy in Manila.

The Government of the Republic of the Philippines designates the City Government of CEBU as its implementing agency of the Project.

ARTICLE IV
(OBLIGATIONS OF THE GOVERNMENT OF BELGIUM)

The Government of Belgium shall make the following contributions to the Project:

a) obtain its own consultant and contractor to carry out the studies and works on site within the limits of its budget. The Government of Belgium can therefore award the contract either to a consultant or to a contractor, or to a combination consultant-contractor;

b) provide a grant in kind in the amount of BF ninety five millions BF (95,000,000.00 BF) for the purpose of carrying out the Project.

ARTICLE V
(OBLIGATIONS OF THE GOVERNMENT OE THE PHILIPPINES)

The Government of the Philippines agrees as follows:

(a) to exempt from all import and export duties, taxes and other official charges the equipment and other supplies provided by the Government of Belgium or its consultants and contractors in connection with the Project;

(b) to provide all available and necessary information data, reports, maps and documents relevant to the Project to the consultants and contractors;

(c) to give the consultants and contractors every reasonable assistance to enable them to perform their assignment;

(d) to provide office space and facilities and secretarial services for the period specified as "activity in the Philippines" for the Belgian commissioned experts. In addition, to provide regular quality control by the implementing agency, which will make monthly reports to be forwarded to the Belgian Government through the Belgian Embassy;

(e) to allow importation free of duties and taxes of the personal effects of the experts and executive staff as specified in Annex II. Their salaries (drawn from their own country) are exempted from income tax of the Philippines.

ARTICLE VI
(DOCUMENTS)

All documents and data made available to the consultants and contractors by the Government of the Philippines, and all documents prepared by the consultants and contractors in connection with the Project shall be the property and copy-right of the Government of the Philippines.

ARTICLE VII
(ENTRY INTO FORCE AND DURATION)

This agreement shall enter into force upon the signing of this document and shall thereafter remain in force until the final acceptance of the works. Any amendment of/or addition to this Agreement can be made by an Exchange of Notes.

Done in Manila the day and year here-in-before mentioned in duplicate in the English Language. (25 November 1988)

       

(Sgd.)
  For the Government of
  The Republic of the Philippines

(Sgd.)
  For the Government of
  The Kingdom of Belgium



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