Compromise Agreement Goldhill

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COMPROMISE AGREEMENT

Know all men by these presents,

The parties to this agreement are:

88 ULTIMATE POLLUTION SOLUTIONS, a domestic


corporation duly incorporated under existing Phiilippine laws, and with
principal office at ___________________________ represented by its
president Mr. Raymundo Parcutela per the Secretary’s Certificated dated
______________, hereto attached as Annex “A”, duly assisted by counsel,
Atty. Oliver I. Santos, holding office at 6th Floor, Parkview Plaza, T.M.
Kalaw Cor. Taft Avenue, Ermita, Manila 1000. hereinafter referred to as the
FIRST PARTY

-AND-

GOLDHILL CONDOMINIUM CORPORATION, domestic


corporation duly incorporated under existing Phiilippine laws, and with
principal office at ___________________________, represented by its
president ____________________ per Secretary’s Certificate dated
___________________, hereto attached as Annex “B”, duly assisted by
counsel duly assisted by the Firm of Tancinco Mangco o, holding office at
Lot 56 Blk 1, Sampaguita Drive, Maligaya Park Subd., Novaliches, Quezon
City, hereinafter referred to as the SECOND PARTY.

The parties have agreed on the following:

WHEREAS, the SECOND PARTY initiated a request for arbitration


before the Construction Industry Arbitration Commission (CIAC) docketed
as: Ciac Arbitration case no. 53-2019 entitled Goldhill Tower
Condominium Corporation vs. 88 Pollution Solutions Inc.

WHEREAS, the Arbitral Tribunal issued an Arbitral Award dated


_________________ in favor of the SECOND PARTY thereby awarding
the sum of _________________________ as actual award and the sum of
_________________ as reimbursement for the arbitration fees.

WHEREAS, the FIRST PARTY decided to appeal the decision


against it before the Court of Appeals, docketed as SP No.165002 entitled,
88 Ultimate Pollution Solutions Inc., vs. Goldhill Tower Condominium
Corporation and the Construction Industry Arbitration Commission (CIAC).

WHEREAS, in order to put an end to litigation and in order to buy


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peace and for their own mutual benefit, the parties have voluntarily agreed
on the following terms and conditions, to wit:
1. The FIRST PARTY agrees to pay to the SECOND PARTY the
agreed sum of ONE MILLION THREE HUNDRED THOUSAND
PESOS (P1,300,000.00) representing the principal obligation of the FIRST
PARTY to the SECOND PARTY, to be paid in thirty (30) equal
installments equivalent to Two (2) years and Six (6) months, reckoned from
the execution of the said compromise agreement.

2. The SECOND PARTY agrees that the monthly installments be


paid in post-dated checks, using the bank account of the FIRST PARTY.

3. In case of default of One (1) installment, FIRST PARTY is given a


period of Five (5) days to make good on the check otherwise the SECOND
PARTY may demand execution based on the foregoing compromise
agreement.

4. In case the FIRST PARTY fails to make good on the monthly


installments, the SECOND PARTY is entitled to collect from the FIRST
PARTY the actual sum as stated at the Arbitral Award, including the
reimbursement, and legal interest;

5. The FIRST and SECOND PARTIES shall respectively be liable


for the attorney’s fees of their respective counsels.

IN WITNESS WHEREOF, the parties to this agreement affixed


their respective signatures this ___th day of April 2023 at
________________.

88 ULTIMATE POLLUTION SOLUTIONS INC.,


First Party

Assisted by: Atty. Oliver I. Santos


Counsel for the First Party
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GOLDHILL CONDOMINIUM CORP.


Second Party
Assisted by: The Firm of Tancinco & Mangco
Counsel for the Second Party

ACKNOWLEDGMENT

Personally appeared before me are the parties to the above


Compromise Agreement who acknowledged that the same is their FREE
AND VOLUNTARY act and that they fully and consciously understood all
the contents of this instrument.

The Compromise Agreement acknowledged by the parties, consist of


three (3) pages including the page on which this acknowledgment is situated.

NOTARY PUBLIC

Doc. No. ____


Page No. ____
Book No. ____
Series of 2023

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