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CONTRACT TO SUPPLY LABOR

KNOW ALL PERSONS BY THESE PRESENTS:

This Contract is made and executed by and between:

RAMONA CONSTRUCTION AND ENTERPRISES, with principal


place of business at _______________________ herein represented
by TESSIE J. YU and hereinafter referred to as the CONTRACTOR

-and-

HSO CONSTRUCTION CORPORATION, a domestic


corporation, with principal place of business at unit 501-502 Elizabeth
Hall Loyola Heights Katipunan Quezon City herein represented by
Henry F. Oaminal Jr., hereinafter referred to as the
SUBCONTRACTOR

WITNESSETH: THAT-

WHEREAS, the CONTRACTOR participated in a public bidding


for the construction of classrooms, dated _________;

WHEREAS, the CONTRACTOR is in need of manpower for the


actual construction of classrooms;

WHEREAS, the SUBCONTRACTOR manifested its intention to


provide the labor needed for the construction in such quantity
adequate to complete the project;

WHEREAS, the CONTRACTOR accepted the proposal offered by


the SUBCONTRACTOR;

WHEREAS, the SUBCONTRACTOR agrees to provide for the


labor needed or undertake activities listed in the document.

A photocopy of the document dated _______ is hereto


attached and made an integral part hereof as Annex A.

NOW THEREFORE, for and in consideration of the foregoing


premises of the mutual covenants and provisions hereafter set forth,
the parties hereto have agreed and do hereby mutually agree as
follows:

1. TERMS OF PAYMENT.
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a. The CONTRACTOR shall give the advance payment of fifty
percent (50%) of the grand total indicated in the
Purchase Order dated ____________ to the
SUBCONTRACTOR to wit;

Grand Total:
FOUR MILLION SIX HUNDRED SIXTY NINE
THOUSAND THREE HUNDRED FIFTY EIGHT
PESOS AND 4363/100000 CENTAVOS (PhP
4,669,358.04363);with breakdown below:

30% dated check:


ONE MILLION FOUR HUNDRED
THOUSAND EIGHT HUNDRED SEVEN
PESOS AND 413089/1000000 CENTAVOS
(PhP 1,400,807.413089)

20% thirty (30) days postdated


check:
NINE HUNDRED THIRTY THREE
THOUSAND EIGHT HUNDRED SEVENTY
ONE AND 608726/1000000 (PhP
933,871.608726).

b. The CONTRACTOR shall give the full payment of the


remaining fifty percent (50%) amounting to TWO MILLION
THREE HUNDRED THIRTY FOUR THOUSAND SIX HUNDRED
SEVENTY NINE AND 21815/1000000 (PhP
2,334,679.021815) to the SUBCONTRACTOR upon
complete delivery of the construction materials.

2. CONTRACT PERIOD. The term of this contract shall begin


_____________ upon receipt of purchase order and downpayment.

3. OBLIGATIONS OF THE PARTIES

4. All wages, salaries, remuneration benefits provided under


the Labor Code shall be for the sole account of the
CONTRACTOR;

5. In the event that the CONTRACTOR fails to pay or cannot pay


the SUBCONTRACTOR of the construction materials for a
particular month, the SUBCONTRACTOR is authorized by the
CONTRACTOR to collect directly from the DPWH the payment
of the latter to the SUBCONTRACTOR. The amount collected
from the DPWH shall be applied to the amount of construction
materials purchased by the CONTRACTOR. Any excess in the
amount collected by the SUBCONTRACTOR from DPWH shall
be returned to the CONTRACTOR;

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6. The SUBONTRACTOR shall deliver construction materials in
accordance with the required specification/standard of the
CONTRACTOR;

7. The SUBCONTRACTOR shall warrant that the quality of the


products delivered to the CONTRACTOR shall be in full
satisfaction of the CONTRACTOR;

8. The SUBCONTRACTOR undertakes to correct any deficiency,


or to any damage that may arise in the construction of the
project which shall include but not limited to poor quality of
materials and the like;

9. Any deviation from the designated specification, standards or


quality of the construction materials delivered by
SUBCONTRACTOR shall be considered sub-quality and shall
not be paid by the CONTRACTOR despite delivery;

10. If by reason of the deviation, the CONTRACTOR suffers


monetary damages, such amount of damages shall be for the
account of the SUBCONTRACTOR;

TERMINATION OF CONTRACT

11. The SUBCONTRACTOR may, at any time, terminate this


Contract upon the occurrence of any of these events:

11.1 Failure of the CONTRACTOR to perform any of its


obligations pursuant to the terms of this Contract;

11.2 Breach of the CONTRACTOR of any of the terms of


this Contract;

12. This Agreement is effective from the date of execution by


the Parties and shall remain in effect until terminated. Either
Parties may terminate this Agreement:

12.1 At any time upon the written notice of either party;


or

12.2 Thirty (30) days after written notice to the other


Party in the event that the other Party breaches any
provision of this Agreement and has not cured such
breach within thirty (30) day period.

The termination of this Agreement shall not bar the


Parties from seeking any other remedies they may have
available against the other for breach of the Agreement.

13. Any claims arising from the breach and/or violation of the
terms and conditions herein as well as damages, liquidated or
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otherwise must be brought within thirty (30) days from its
commission or accrual of such rights.

14. This Agreement shall be governed by, interpreted in


accordance with, the laws of the Philippines and the parties
agrees, in case of litigation arising from the provisions
thereof, to submit to the jurisdiction of the proper court
sitting in __________ to the exclusion of all other tribunals.

15. Both parties acknowledge that this Agreement constitutes


the entire agreement between them and shall completely
supersede all other prior undertakings, understandings,
previous communications or contracts, oral or written,
between the parties relating to the subject matter thereof.

16. If one or more provisions of this Agreement shall be held


invalid, illegal or unenforceable, the remaining provisions shall
remain in, and shall be given, full force and effect.

17. The Parties affirmed and acknowledge that they have


carefully read and understood all the terms and conditions
herein provided and that at the time of the execution, all the
blank spaces have been accurately and completely filled up.

IN WITNESS WHEREOF, the parties therein have hereunto set


their hands this ___ day of____________, at Quezon City, Philippines.

RAMONA CONSTRUCTION AND HSO CONSTRUCTION


ENTERPRISES CORPORATION
Represented by: Represented by:

TESSIE J. YU HENRY F. OAMINAL, JR.


TIN No.438734228

SIGNED IN THE PRESENCE OF:

________________ _________________

ACKNOWLEDGEMENT

REPUBLIC OF THE PHILIPPINES)


__________________________) S.S.

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BEFORE ME, a notary public for and in Quezon City, Philippines
personally appeared, TESSIE J. YU and HENRY F. OAMINAL known
to me to be the same persons who executed the foregoing CONTRACT
TO SUPPLY LABOR and exhibited to me their Government issued
identification cards above-mentioned as competent evidence of identity
and acknowledge that the same are their own free and voluntary act
and Deed in accordance with the 2004 Rules on Notarial Practice.

This instrument consisting of five (5) pages including this page


upon which acknowledgement is written and had been signed by the
parties and their instrumental witnesses on each and every page
thereof and refers to a CONTRACT TO SUPPLY LABOR.

IN WITNESS WHEREOF, I have hereunto set my hand and


affixed my notarial seal at the place and on the date first above
written.

NOTARY PUBLIC

Doc No. :______


Page No. :______
Book No. :______
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