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_____________________

Date

STRADCOM CORPORATION
Systems Management Center Building
Land Transportation Office Main Compound,
East Avenue, Diliman, Quezon City
Metro Manila, Philippines

THROUGH: MR. ANTHONY K. QUIAMBAO


President and CEO

SUBJECT: LETTER UNDERTAKING FOR THE ELECTRONIC


ISSUANCE AND SUBMISSION OF MEDICAL
EXAMINATION CERTIFICATES TO THE LTO IT SYSTEM

Gentlemen:

I, ________________________________, of legal age, with business address at


__________________________________________________________________
__________________________________________________________________
__________________________________________________________________,
(the “MEDICAL CLINIC”) hereby expressly covenant and undertake to:

1. Freely and voluntarily subscribe and use the LTO Medical I.T. Facility;

2. In consideration of the information technology services duly rendered or to be


rendered by Stradcom Corporation (STRADCOM), to pay STRADCOM the
sum of EIGHTY PESOS (PHP80.00), inclusive of the Value-Added Tax (the
“Fee”), for every medical examination uploaded to the LTO IT Project,
through the Project’s System, through the LTO MEDICAL I.T. FACILITY;

3. Deposit and maintain into such bank account designated solely by


STRADCOM the amount of TWENTY-FIVE THOUSAND PESOS
(Php25,000), (the “Deposit”). The Fee shall be regularly charged and debited
from the Deposit. The Deposit shall not be permitted to fall below
TENTHOUSANDPESOS (Php10,000) (the “Minimum Deposit”). It shall be
my obligation to monitor, maintain, and replenish the Deposit accordingly. On
or before the Minimum Deposit is reached, I shall deposit or replenish the
account; otherwise, STRADCOM shall be entitled to cut off or terminate my
access or connection to the LTO Medical I.T. Facility;

4. Obtain and maintain all necessary Philippine governmental approvals,


authorizations, consents, and/or permits in connection with the accreditation
of the MEDICAL CLINIC under the rules and regulations of the Department
of Transportation/ Land Transpiration Office (DOTR/LTO) for conduct of
medical examination and the electronic transmission of the results of the
medical examination;
5. Provide and maintain the medical equipment, hardware, software and internet
connection required under the rules and regulations set forth by the
DOTR/LTO to enable the MEDICAL CLINIC to conduct its obligations
under this letter-undertaking;

6. Use the LTO Medical I.T. Facility pursuant to the rules and regulations of the
DOTR/LTO;

7. Use the LTO Medical I.T. Facility pursuant to standard operating procedures
and business processes of the LTO;

8. Ensure that only physicians who are accredited by the Board of Medicine and
registered by the DOTR/LTO under its rules and regulations shall use the
LTO Medical I.T. Facility at the MEDICAL CLINIC;

9. Bear all costs and expenses, including utility expenses, not included in the
scope of work of the DOTR/LTO and STRADCOM;

10. Irrevocably waive to the full extent permitted by law:

a. Any objection which I may have now or in the future to the laying of the
venue of any action, suit or proceeding in any court of proper
jurisdiction in Quezon City, to the exclusion of all other venues;

b. Any claim that any such action, suit or proceeding has been brought in
an inconvenient forum; and,

c. Any and all rights to demand a temporary restraining order or injunction


against the DOTR/LTO and/or STRADCOM, or the posting of a bond
or counter-bond by DOTR/LTO and/or STRADCOM in my favor, as
the case may be;

11. Notify STRADCOM as soon as possible, but no later than one (1) day after
discovery or notice of:

a. Any proposed change in the nature or scope of my, business, or


operation, of the MEDICAL CLINIC, which has or may reasonably be
expected to have a material adverse on: (a) the business prospects of the
MEDICAL CLINIC; (b) the carrying on the business or operation of
the MEDICAL CLINIC; (c) the ability of the MEDICAL CLINIC to
comply with the rules and regulations of the DOTR/LTO; and, (d) the
ability of the MEDICAL CLINIC to comply with its obligations under
this letter-undertaking;

b. Any litigation or administrative proceeding before any judicial or quasi-


judicial body, which has or may reasonably be expected to have material
adverse effect on: (a) the business prospects of the MEDICAL CLINIC;
(b) the carrying on the business or operation of the MEDICAL
CLINIC; (c) the ability of the MEDICAL CLINIC to comply with the

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rules and regulations set forth by the DOTR/LTO; and, (d) the ability of
the MEDICAL CLINIC to comply with its obligations under this letter-
undertaking;

c. Suspension, imposition of penalty, or potential imposition of any penalty


by the DOTR/LTO upon the MEDICAL CLINIC under its rules and
regulations for the accreditation of medical clinics; and,

d. Breach or default of any of the terms and conditions of this letter-


undertaking, and the steps that are being taken to remedy the situation;

12. Collect, process, store, and dispose of the personal information of the patients
in accordance with the Data Privacy Act of 2012, its Implementing Rules and
Regulations, and all other applicable rules, regulations, and issuances of the
national Privacy Commission;

13. Enforce the rights of the patients under the Data Privacy Act of 2012,
including the obligation to report within seventy-two (72) hours to the
DOTR/LTO and the National Privacy Commission in the event of a data
breach;

14. Freely and knowingly acknowledge and declare that:

a. The LTO database shall continue to belong to and remain the property
of LTO;

b. The entire LTO IT Project’s system shall continue to belong to and


remain the property of STRADCOM;

c. All systems and information technology facilities developed or


constructed by STRADCOM, including the LTO MEDICAL I.T.
FACILITY, shall belong exclusively to, and remain the property(ies) of
STRADCOM; and,

d. The LTO Medical I.T. Facility, as well as the data uploaded, accessed, or
obtained from or through the LTO Medical I.T. Facility, shall be
obtained, collected, processed, stored and disposed of in connection
with applications for student permit and driver’s license, and not for any
other business or commercial purpose;

15. Any dispute arising out of this letter-undertaking shall first be settled within
sixty (60) days from notice through amicable means, such as, but not limited to,
mutual discussion, prior to litigation;

16. The MEDICAL CLINIC shall indemnify STRADCOM and keep it


indemnified against, and hold and save it harmless from, any and all claims,
damages, losses, expenses, and liability of whatsoever kind and nature, which
STRADCOM shall or may, at any time sustain or incur arising from my fraud,
gross negligence, or bad faith, or the fraud, gross negligence or bad faith of my
employees or agents; provided further, that STRADCOM shall not be liable for
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any consequential damages or losses or profits, and all damages to be paid by
STRADCOM under this letter-agreement for any party claiming damages shall
be limited to the amount of the Fee actually paid or received by STRADCOM
under the subject claim or transaction;

17. This letter-undertaking shall be effective from its date of execution and shall be
co-terminus with the LTO MEDICAL I.T. FACILITY and the LTO IT
Project;

18. If the agreement between, or the authority granted by, the DOTR/LTO and
STRADCOM to implement the LTO MEDICAL I.T. FACILITY is
terminated, all obligations and undertakings of the parties under this letter-
undertaking shall terminate upon receipt or service of the written notice of
termination, as the case may be, without prejudice to whatever claims, rights, or
causes of action a party may have against the other in law, in particular, the
payment of outstanding Fees due to STRADCOM; and

19. If any term or provision of this letter-undertaking is held void, invalid, or


enforceable by a court of competent jurisdiction, the legality, validity, or
enforceability of the other terms and provisions shall not be affected.

Very truly yours,

____________________
[Name of Medical Clinic]

By:

____________________
Authorized Signatory
[Signature over Printed Name]

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REPUBLIC OF THE PHILIPPINES )
PROVINCE OF _______________ ) s.s.
CITY/MUNICIPALITY OF _______________ )

Subscribe and sworn to before me, this __________________ at


________________, Affiant presented his/her competent proof of identity as shown
below:

___________________________ TIN __________________________


[Name of Medical Clinic]

___________________________ PRC License No. __________________


[Name of Authorized Signatory] Expires on _______________________
DL No. _________________________
Expires on. _______________________
Passport No. _____________________
Issued on ________________________
Issued at _________________________
Expires on _______________________

Doc. No. ____;


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

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