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SHORT FORM AGREEMENT

Project : Grass Cutting


Location : Vista Real Classica Batasan Hill
Size : 50 hectares

Board Member
Maintenance : GILBERT LEE

Contractor : ROADMAX CONSTRUCTION CORPORATION


Address : 2114 C. TUAZON ST. MALATE MANILA

Contract Amount : Php. 5,600,000.00/per engagement


Contract Duration : 1 year

The Contractor agrees to provide the Owner construction services consisting of the following
scope:
1. Mobilization
2. Surveying of area of grass to be cut
3. Grass Cutting Equipment & Accessories
4. Other Items to Complete the Works
5. Disposal of Debris

and excluding the following items:

1. Bonds & Permits


2. Water & Electrical Connection & Consumption

In accordance with and subject to the terms and conditions set forth in the following documents
which are parts of the agreement:

1. Contractor’s Cost Proposal

It is hereby understood that the Contract Amount is not subjected to Escalation Cost.

TERMS AND CONDITIONS :

This following terms and conditions shall apply to and form integral parts of the Agreement of which they
are annexed:

1. The Owner shall pay the Contractor based on the following schedule:
35% - upon signing of Contract
30% - upon completion of half the desired area of grass to be cut
30% - upon completion of 85% of the desired area of grass to be cut
5% - upon completion and turnover
2. Contractor agrees to perform the services set forth in the agreement in a proper and expeditious
manner and in accordance with Owner’s directives. The presence of disputes between Owner and
Contractor, or legal proceedings arising from such disputes, in regard to this or any other contract
between the Owner and the Contractor shall not relieve the Contractor of its obligations to properly
expeditiously perform its services and comply with Owner’s directives.

3. By its acceptance of the Agreement, Contractor represents and warrants that it is knowledgeable of all
applicable codes, laws, rules and regulations of national and municipal authorities as they affect its
work, and that it is licensed to perform the services described in the Agreement. Contractor shall
comply with all such codes, laws, rules and regulations and shall be responsible to the Owner and
any third party for all injury losses and damages resulting from its failure to comply with such codes,
laws, rules and regulations.

4. Contractor shall be responsible for any and all injury, loss or damage to any person and/or property,
including loss of life, arising directly or indirectly from the performance of its services hereunder, and
shall indemnify and hold the Owner free and harmless from any and all loss, damage or expense
(including Attorney’s fees) from any such injury, damage or death, except as such may be due to the
sole negligence of Owner. Contractor further agrees to secure and maintain at its cost, such
insurance as will further protect it from claims under worker’s/s’ compensation acts; from claims for
damages because of bodily injury, including personal injury, sickness or disease, or death of any of
its employees or of any person other than its employees; from claims for damages because of injury
to or destruction of tangible property including loss of use resulting therefrom; and from claims for
damages arising out of any errors, omissions, or negligent acts committed by the Contractor in
performing its services under the Agreement.

5. The Contractor agrees to refrain from disclosing proprietary information and obtained from Owner to
any person and to refrain from disclosing, without the Owner’s prior written authorization, any material
developed in carrying out its services.

6. Owner may terminate the Agreement only for cause by giving to the Contractor prior written notice
hereof. The Agreement may be terminated by the Contractor upon giving at least fifteen (15) days
prior written notice to the Owner upon repeated and substantial failure of Owner to perform in
accordance with all the terms herein; provided that Owner’s failure to perform is though no fault of the
Contractor. The Owner agrees to pay the Contractor the reasonable value of the Contractor’s failure
to perform the services as specified, the Owner shall be entitled to withhold or refuse to effect any
payment whatsoever until the Contractor’s default or breach is remedied, after deducting in such
case, the amount of damages, loss, expenses or costs which the Owner may have incurred as a
result of such breach or default. The Contractor shall be liable for any and all damages, costs and
expenses (including Attorney’s fees) resulting directly or indirectly from such default or failure.

7. The Contractor agrees that it is engaged as an independent contractor and that all persons
performing services herein are employees or agents of the Contractor. The Contractor further agrees
that it will be solely responsible for the payment of all taxes and liability to the Owner, as well as for
the taxes (including value-added taxes) that shall become due by reason of the performance of the
Consultant’s services due under the Agreement.

8. It is understood and agreed that the cost of Contractor’s services includes all national and local taxes
due on Contractor’s receipt of the Contract Amount.

9. No action or failure to act by the Owner or any agent or employee of the Owner shall constitute a
waiver of any right or duty afforded the Owner under the Agreement, nor shall any such action or
failure to act constitute approval of or acquiescence in any breach thereunder, except as specifically
agreed in writing.
10. The Agreement together with its Annex/es represents the entire and integrated agreement between
the Owner and the Contractor and supersedes all prior negotiations, representations or agreements
either written or oral. The Agreement may not be assigned by the Contractor without prior written
consent from the Owner. The Agreement may be amended only by a written instrument signed by
both the Owner and the Contractor.

11. All claims, disputes and other matters and question arising out of or relating to the Agreement or the
breach thereof, shall be decided by a court sitting in Quezon City.

Agreed and Accepted

BOARD MEMBER MAINTENANCE CONTRACTOR


ROADMAX CONSTRUCTION CORP.

represented by:

GILBERT LEE JOHN G. SIOJO


President

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