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EQUIPMENT USE AGREEMENT

This Equipment Use Agreement (“Agreement”) is hereby executed by and


between:

CHINA-PHILIPPINES UNLIMITED ENTERPRISES INC.,


a corporation duly organized under the laws of the Philippines,
with principal office address at 30th Floor, Ore Central, 31st Street
corner 9th Avenue, Bonifacio Global City, Taguig City, represented
herein by its authorized representative, JENNYLYN G. EJANDA,
hereinafter referred to as the “COMPANY”;

-AND-

[Name], Filipino, of legal age, single/married, and a resident of


[Address], hereinafter referred to as the “EMPLOYEE”

The Parties above hereby mutually agree as follows:

Section 1. Equipment. The COMPANY assigns to the EMPLOYEE the use of the
following Equipment:

Description Brand and No. of Units Product/Serial


Model No.

Laptop/Notebook Lenovo ThinkPad 1 XX-XXXXX


computer X380 Yoga

Mobile Smart Phone Samsung Galaxy 1 XX-XXXXX


S10

Section 2. Period of Use.. The term of this Agreement shall commence on [Date]
and until the date of EMPLOYEE’s resignation or termination.

If the EMPLOYEE is reassigned, promoted, or transferred and correspondingly


issued new equipment as a result thereof, the EMPLOYEE will enter into a new
equipment use agreement.

Notwithstanding the above, the EMPLOYEE shall remain liable under this
Agreement for as long as the Equipment or any part or accessories thereof remain
in the possession or custody of the EMPLOYEE.

Section 3. Altering or Defacing Equipment. The EMPLOYEE will not alter,


disfigure, or cover up any numbering, lettering, or insignia displayed on the
Equipment.
Section 4. Maintenance and Repair. The COMPANY shall be primarily
responsible for keeping the Equipment in good repair and operating condition.
Expenses of repair will include labor, material, parts, and similar items for
normal, reasonable wear and tear.

Section 5. Equipment Use. The EMPLOYEE agrees that the Equipment will not
be subjected to unnecessarily rough usage, that it will be used in accordance with
its design, and that its use will conform to all applicable laws, company policies,
and regulations. EMPLOYEE agrees not to allow the use of the Equipment for
illegal purposes or for operating EMPLOYEE’s own or another’s personal or
commercial business.

Section 6. Loss or Damage. The EMPLOYEE will indemnify the COMPANY


against all loss or damage to the Equipment during the use period for all
incidents which occur during or outside of the EMPLOYEE’s regular or assigned
work sites. If any item of Equipment is destroyed or lost under these
circumstances, EMPLOYEE’s liability will be the reasonable market value of the
Equipment as of the date of loss.

Section 7. Inspection of Equipment. The COMPANY will have the right at any
time to conduct an inspection on the Equipment.

Section 8. No Expectation of Privacy. The EMPLOYEE shall not have an


expectation of privacy in any and all documents, images, communications, or any
matter they create, store, send, or receive through and with the use of the
Equipment.1

Section 9. Title to the Equipment. The title to the Equipment will remain in the
COMPANY unless transferred to the EMPLOYEE by sale or other mode of
ownership transfer.

Section 10. Assignment and Lending of Equipment. The EMPLOYEE will not
assign this Agreement or any Equipment under the Use Agreement, or any interest
in the Agreement or Equipment, without the COMPANY’s written consent.
EMPLOYEE will not give or provide any part of the Equipment to unauthorized
users without the COMPANY’s written consent.

Section 11. Surrender of Equipment. The EMPLOYEE agrees, at the termination of


this Agreement or at the request of the COMPANY, to deliver the Equipment at
EMPLOYEE’s own expense, in good condition, allowing for reasonable wear and
tear, and free and clear of encumbrances, to [designated office or person] or to such
other person or office as the COMPANY may later designate.

Section 12. Separability of Provisions - If any provision of this Agreement shall


be held invalid, the remainder thereof shall not be affected thereby.

1 seePollo vs. David-Constantino, G.R. No. 181881, October 18, 2011 and Social Justice
Society vs. Dangerous Drugs Board, et al, G.R. No. 157870, 3 November 2008
Section 13. Entire Agreement. - This Agreement embodies the entire agreement
between the parties. It may not be modified or terminated except by a subsequent
written agreement signed by both parties herein.

In witness whereof, the parties have hereunto signed this Agreement on [Date] in
Place], Philippines.

For the COMPANY: For the EMPLOYEE:

[Signature] [Signature]
[Name] [Name]
[Position/Department] [Position/Department]
[Date] [Date]

Witnesses:

__________________ __________________

ACKNOWLEDGEMENT

REPUBLIC OF THE PHILIPPINES}


____________________________} S.S.

SUBSCRIBED AND SWORN TO before me, a notary public for and in the
City of __________, Philippines, this [Date] by the above parties, who personally
appeared before me and whose identity I have confirmed through their respective
Government-issued IDs listed below, bearing their photograph and signature.

Name ID Type/Number Place and Date of Issue


known to me and to me known to be the same persons who executed the foregoing
[Equipment Use Agreement] consisting of three (3) pages including this page, and
they acknowledged to me that the same is their free and voluntary act and deed.

WITNESS MY HAND AND SEAL on the date and in the place first above written.

NOTARY PUBLIC

Doc. No. ___;


Page No. ___;
Book No. ___;
Series of _____.

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