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MEMORAMDUM OF AGREEMENT

This agreement made and entered into and by between:

MEYER’S FOODS AND SERVICES, INC. a corporation duly organized and


existing under and virtue of the laws of the Philippines, with its principal
place of business at 1030 Belen Street, Paco, Manila, represented by its
President, MS. FLORDELIZA A. VASQUEZ, hereinafter referred to as
“CATERER”;

And

DZMM ABS CBN, a corporation duly organized and existing under and
virtue of the laws of the Philippines, with business address at
Mother Ignacia Street, Quezon City, represented by its Head Special
Project DZMM , MS. MAY VALLE CENIZA , hereinafter referred to
as “CLIENT”.

WITNESSETH:

WHEREAS, the CATERER is engaged in the business of furnishing catering services for
meetings, conferences, parties and other functions;

WHEREAS, the CLIENT wishes to engage the CATERER to provide catering services at the
CATERING SERVICES FOR BUNTIS CONGRESS;

AND WHEREAS, the CATERER wishes to provide catering services, as agreed hereunder,
at the CATERING SERVICES FOR BUNTIS CONGRESS in accordance with the terms and
conditions contained in this Contract.

NOW THEREFORE, in consideration of the mutual covenants and undertakings as set


forth herein, the CATERER and CLIENT agree as follows:

1. SERVICES
The CATERER hereby agrees to provide catering services, as set forth in ANNEX A
attached hereto and made an integral part hereof for the CATERING SERVICES FOR
BUNTIS CONGRESS. The Services description and the food menu as set forth in the same
annex can be altered by both parties by giving three (3) days prior notice to the other.

2. EVENT DETAILS
Type of Event Catering Services for Buntis Congress
Date of Event September 7, 2013
Time of Event 7:00 AM
Venue Teachers Conference Center
P. Herrera Street
Batangas City
Guaranteed Guest Count 300 pax

3. CONSIDERATION AND PAYMENT TERMS


For Services rendered by the CATERER as required by this Contract, the CLIENT
will pay to the CATERER THREE HUNDRED PESOS (Php 300.00) per person in attendance
at the event by CASH.
4. ADDITIONAL SERVICES
CLIENT agrees to pay for any and all additional services requested by the CLIENT
not included in this Contract.

5. GUEST COUNT
CLIENT agrees to confirm the guaranteed guest count at least three (3) days prior
to the event. Any significant increase in the number of guaranteed guest count is subject
to the prior approval of the CATERER. If the actual number of guest attending the event
is less than the guaranteed guest count, the CLIENT will still be charged for the agreed-
upon guaranteed guest count.

6. INDEPENDENT CONTRACTOR
It is expressly agreed that the CATERER is acting as an independent contractor
and not as an employee in providing the Services under this Contract. The CATERER and
CLIENT acknowledge that this Contract does not create a partnership or joint venture
between them, and is exclusively a Contract of Service.

7. CANCELLATION
In the event of cancellation of the function by the CLIENT, CATERER is entitled to
liquidated damages equivalent to one hundred percent (100%) of the total estimated
charges for the cancelled function.

8. FORCE MAJEURE
CATERER shall have no responsibility or liability for failure to perform any
Services when prevented from doing so by labor disputes, strikes, accidents, flood or by
any act or occurrence not within the control of CATERER, or by orders of any
governmental authority.

9. PAYMENT DEDUCTION FOR CATERER’S NON-COMPLIANCE


If the CLIENT determines that there are deficiencies in the performance of the
Contract, CLIENT may deduct from CATERER’S payment liquidated damages. CLIENT,
however, shall notify the CATERER in writing of the specific instances and areas of non-
compliance and/or non performance and the corresponding monetary assessment
deduction.
The action above shall not be construed as a penalty but as adjustment of
payment to the CATERER to recover cost due to the failure of the CATERER to complete
or comply with the provision of this Contract.

10. LIMITATION OF LIABILITY


It is hereby understood and agreed that the CATERER will not have any kind of
liability to the CLIENT or any other third party for any direct, indirect or consequential
loss or damage which may arise from the provision of the Services. In no event shall the
CATERER’S liability be in excess of the total amount of the Services contracted
heretofore.

11. ASSIGNMENT
The Contract shall not be assignable by either party without the prior written
consent of the other party. Subject to the foregoing limitation, this Contract to the
benefit of and be binding on the successors and assigns of the respective parties.

12. WAIVER
The waiver of either party of breach, default, delay or omission of any of the
provisions of this Contract by the other party will not be construed as waiver of any
subsequent breach of the same or other provisions.

13. VENUE
Any action that may arise by virtue of this Contract shall be filed with the
appropriate court in the City of Manila, to the exclusion of all other courts.

IN WITNESS WHEREOF, the parties hereto affix their signature this ____ day of August, 2013.

____________________________
MS. NORA S. AQUINO
SENIOR SALE ACCOUNT MANAGER
MEYER’S FOODS AND SERVICES, INC.

_______________________________
MS. MAY VALLE CENIZA
HEAD SPECIAL PROJECT – DZMM

WITNESSES

____________________________ ______________________________

ACKNOWLEDGMENT
REPUBLIC OF THE PHILIPPINES)
CITY OF ) S.S.

BEFORE ME, a Notary Public for and in the City of _______________, this ______day of
August, 2013, personally appeared:

NAME Passport/PRC No. Issued At Expiry Date


NORA S. AQUINO EB8223580 DFA-NCR May 26, 2018
CENTRAL
MAY VALLE CENIZA

known to me to be the same person who executed the foregoing Agreement and
acknowledged to me that the same is their free act and deed and that they are duly authorized
to sign the same.

This Agreement consists of three (3) pages, including the page in which this Acknowledgement
is written, has been signed on the left margin of each and every page thereof by NORA S.
AQUINO and MAY VALLE CENIZA, their witnesses and sealed with my Notary Seal.

IN WITNESS WHEREOF, I have hereunto set my hand, the day, the year, and place
above-written.

Doc. No.
Page No.
Book No.
Series of 2013.

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