SUBJECT COMMENTS ON THE MOU FOR THE AIR POLLUTION

TOLERANCE INDEX (APTI) AND HEAVY METAL ABSORPTION

CAPACITY OF PLANTS IN ROADSIDE VEGETATION
BARRIERS INS ELECTED CITIES IN NCR AND NORTH LUZON
EXPRESSWAY PROJECT BY THE THWRDEC OF ERDB-DENR

This refers to the MOU referred to the Bureau, for the latter’s comment(s) and
recommendation.

Upon reviewing the Contract, the undersigned is of the view that the proper
document to be executed is a Memorandum of Agreement (MOA). The MOA shall aptly
reflect the interest of the parties involved to the latter. Consequently, it is highly
recommended to consider/to input the following provisions on the MOU, to wit:

DISPUTE RESOLUTION. In case of disputes arising out of or in connection

with this MOA, the Parties shall exert best efforts to settle the same. In case of
failure, the Parties shall observe the applicable dispute resolution provisions of
the Administrative Code (EO No. 292, Series of 1987).

TERMINATION OF THE MOA. This Agreement may be terminated by either

Party upon serving of written notice to the other Party 30 days prior to the
proposed date of termination, provided the said written notice shall contain full
justification of termination.

AMENDMENTS. The terms and conditions of this Agreement may be amended

by either Party upon serving of written notice by one Party upon the other Party
30 days prior to the effective date of the proposed amendment and the
acceptance in writing of the other Party to the proposal.

INTELLECTUAL PROPERTY.

a. The ERDB and the CITY GOVERNMENT OF MAKATI shall keep the
Intellectual Property Rights (IPR) intents (e.g., copyright or utility model
applications) that may be obtained from the results of the Project.
b. The ERDB shall be free to publish, either in local or international journals,
technical information/ technologies generated from this cooperative
undertaking provided due acknowledgment to CITY GOVERNMENT OF
MAKATI are made in the document;
c. Any technology developed, or information generated from this Project
shall be jointly owned by the ERDB and the CITY GOVERNMENT OF
MAKATI in accordance with Republic Act No. 10055 otherwise known as
the “Philippine Technology Transfer Act of 2009” and the “Intellectual
Property Code of the Philippines.”

College, 4031, Laguna, Philippines

Tel Nos: (6349)5363628; 5362229; 5362269 Fax No. (6349)5362850
E-mail: erdb@denr.gov.ph
DURATION / TERM. This Agreement shall be valid for a period of 1 year
from the date of signing by authorized representatives of both Parties unless
sooner terminated. This Agreement may be renewed upon mutual agreement of
the Parties expressed in writing.

EFFECTIVITY. This Agreement shall take effect immediately upon signing

hereof by both Parties and shall remain in force until terminated in accordance
with the provisions on termination above.

OTHER PROVISIONS:

a. Neither of the PARTIES will be liable or deemed to be in default for any

delays or failure in performance resulting directly or indirectly from any cause
or circumstance beyond its reasonable control, including but not limited to
acts of God, war, riot, embargoes, acts of civil or military authority, rain, fire,
flood, accidents, earthquake(s), strikes or labor shortages, transportation
facilities shortages or failures of equipment, or failures of the Internet;

b. Neither of the PARTIES may assign any rights arising from this Agreement to
any third party without written consent or notice thereof;

c. If any term or condition of this Agreement is found by a court of competent

jurisdiction or administrative agency to be invalid or unenforceable, the
remaining terms and conditions thereof shall remain in full force and effect so
long as a valid Agreement is in effect; and

d. Failure of any of the Parties to comply with its obligation in good faith shall
entitle the aggrieved party for the payment damages;

e. This Agreement shall be subjected to existing government auditing and

accounting rules and regulations.

ATTY. EUGENE JULIUS L. PARAÑAQUE

College, 4031, Laguna, Philippines

Tel Nos.: (6349)5363628, 5362229, 5362269 Fax No. (6349)5362850
E-mail: erdb@denr.gov.ph