CONTRACT OF SERVICES

This Contract of Services made and entered into by and between:

ARC REFRESHMENT CORPORATION, a corporation duly organized and existing under and by virtue of
the laws of the Republic of the Philippines with principal office address at # 84 Solmac Bldg., Banawe
Cor. Dapitan Street, Quezon City represented herein by its Executive Vice- President and Chief
Operating Officer and Attorney-in-Fact for such purpose, GERARDO T. GARCIA, respectively, hereinafter
referred to as the “CLIENT”;
- and -
__________________________, a corporation duly organized and existing by virtue of the laws
of the Republic of the Philippines, with principal offices at____________________________,
represented in this act by its_____________________, hereinafter referred to as the “CONTRACTOR”.

WITNESSETH THAT:

WHEREAS, CLIENT is desires to engage a competent, reliable, licensed and efficient contractor to
undertake, supervise and perform specialized services pursuant to this Agreement;

WHEREAS, the CONTRACTOR, duly registered with Certificate of Registration No.

________________ issued by DOLE Regional Office No. _____ on _____________, is duly licensed
independent contractor engaged in the business of performing specialized services to its clients and has
the capability, competence and substantial capital or investment in the form of tools, equipment and
trained personnel to provide reliable, efficient and effective services to CLIENT;

WHEREAS, based on the aforesaid representations of CONTRACTOR, CLIENT has accepted

CONTRACTOR’s offer to render the services under the terms and conditions herein below specified;

NOW, THEREFORE, for and in consideration of the foregoing premises and with this mutual
covenant and stipulations hereinafter set forth, the parties hereto agreed as follows;

1. TERM

1.1 This Agreement shall be effective from _________________ and shall continue to be in
force for a period of one (1) year, unless sooner terminated or cancelled as herein
provided. CLIENT may signify its intention to renew this Agreement under the same
terms and conditions by serving written notice to CONTRACTOR within thirty (30) days
prior to the expiration of the term.

2. CONTRACTOR’S OBLIGATIONS

2.1. Pre-deployment Requirements

Before the execution of this Agreement, CONTRACTOR shall submit copies of the following
documents:

1. Articles of Incorporation/Cooperation/Partnership and its By-laws;

2. Latest Income Tax Return (ITR);
3. Latest Audited Financial Statement (AFS);
4. A certified copy of the Certificate of Registration of firm or business name from
Department of Trade and Industry (DTI), or Certificate of Registration with the Securities
and Exchange Commission (SEC), as the case may be;
5. License or business permit issued by the local government unit which has
jurisdiction over the premises subject of this Agreement;
6. List of its office/s, facilities, equipment, facilities, and tools of trade;
7. List of its clients;
8. Proof of registration with DOLE as required by DO 18-A;
9. Proof of registration with SSS, Philhealth and Pag-ibig as required by pertinent
laws;
 In this connection, no Agreement shall be executed nor any work allowed to rendered by the
Contractor without first completing the above requirements. Should it be discovered that the
Agreement was executed or that work is rendered in violation of the above requirements, the same
shall be a ground for the pre-termination of this Agreement under Section 7.1 of this Agreement.

2.2. Services and Place of Performance of Work

Undertakes to do, execute and perform the services listed in Annex “A” hereof (“Services”), in
the work premises also specified in Annex “A”, according to the CONTRACTOR’S own manner and
method and free from the control and direction of the COMPANY, provided it shall achieve the results
needed by the latter;

2.3. Service Level

CONTRACTOR shall provide the Services to CLIENT in accordance with the following schedule
(“Service Level”):

2.3.1. Within five (5) days from receipt of written request from CLIENT, CONTRACTOR
shall provide the requested additional and/or replacement personnel;

2.3.2. CONTRACTOR shall immediately provide replacement personnel, in case the

CONTRACTOR’s assigned employee/s has committed acts which are patently inimical to the
interest of CLIENT, in order to prevent disruption of the operations of CLIENT;

2.3.3. Should the CLIENT provide specific materials and / or tools related to performing a
specific activity and such tools and/or materials are necessary to prevent disruption to CLIENT’s
operations, the CONTRACTOR shall be liable in ensuring proper accountability, deployment,
inventory monitoring and maintenance.

2.3.3. CLIENT shall communicate to the CONTRACTOR all issues and concerns and
other requirements through the following:

NAME OF CONTRACTOR CONTACT PERSON:

EMAIL:
CONTACT NUMBER:

2.3.4. CONTRACTOR shall ensure that all issues raised by CLIENT are addressed within
24 hours from receipt of notice; failure to address such issue/s within this period shall also
constitute a breach of this Agreement.

2.4. Other Obligations of Contractor

2.4.1 Ensure that it shall, on its own account, employ and detail at CLIENT’s premises, the necessary
personnel to perform the Services. No additional work and/or services shall be undertaken
without the prior written approval of CLIENT’s authorized representative;

2.4.2. On its own account, hire, enlist, recruit and/or employ personnel after thorough screening of
each personnel’s qualifications, health status and moral fitness and employment clearances
from the Philippine National Police, National Bureau of Investigation and other relevant
government offices prior to such personnel’s assignment to CLIENT;

2.4.3. Closely monitor and supervise the performance of the Services by its personnel assigned to
CLIENT using its own means and methods, free from the control and direction of the CLIENT with
due regard to prevailing industry practice and CLIENT’s operational requirements;

2.4.4. Assign a Site Supervisor who shall (i) regularly inspect, supervise and/or control the performance
of its personnel who have been assigned to render the contracted services and have full
authority to act for CONTRACTOR on all matters relating to the daily implementation of this
Agreement; (ii) serve as an onsite manager representing CONTRACTOR to monitor the
attendance of its employees; conduct performance appraisal of its employees; initiate and
complete administrative and disciplinary processes involving its employees, which includes the
 imposition of the appropriate penalties; (iii) ensure effective compliance with all provisions
contained in this Agreement and CLIENT’s prevailing policies, rules, regulations, standards and
procedures; and, (iv) all such other acts inherent to or consistent with those mentioned above;

2.4.5. Upon CLIENT’s request: (i) immediately replace personnel who are unable to perform their tasks
or abide by CLIENT’s internal rules, procedures and prescribed conduct, and/or (ii) assign
additional personnel when CONTRACTOR’s existing personnel complement are inadequate for
the performance of a specific task, in all instances at no extra cost to CLIENT;

2.4.6. Provide all uniforms, protective supplies, and equipment necessary for the performance of the
Services, at its own cost;

2.4.7. Ensure that its personnel are in proper uniform and bear appropriate identification cards or tags
at all times during their tour of duty, and comply with and be furnished with CLIENT’s policies,
rules, regulations, standards, and procedures;

2.4.8. Assume all risks and damage to CLIENT’s equipment allowed to be used by CONTRACTOR’s
personnel in the performance of the Services, reasonable wear and tear excepted;

2.4.9. Ensure that its personnel do not leave their tools and equipment unattended to minimize the
risk of loss of or damage to the said tools and equipment and to prevent the occurrence of any
untoward incidents or accidents that may arise therefrom;

2.4.10. In the performance of the Services, ensure that CLIENT’s operations are not impeded or
prejudiced in any manner;

2.4.11. Perform and conduct the Services in a safe manner and comply with CLIENT’s safety regulations.
In case of medical-related concerns while its employees are at CLIENT’s premises, CONTRACTOR
shall be solely responsible for making arrangements for medical aid and response to its
employees; and,

2.4.12. participate and cooperate in the periodic evaluation of the Services to be conducted by CLIENT.

3. CLIENT’S OBLIGATIONS

CLIENT shall:

3.1 CLIENT shall inform CONTRACTOR of CLIENT’s house rules, procedures and regulations which
shall be applicable to CONTRACTOR’s personnel assigned to perform the Services, a copy of which is
attached hereto and made an integral part hereof as Annex “C”; and,

3.2. CLIENT shall review, on a quarterly basis, the Services provided by CONTRACTOR and any
changes shall be mutually agreed upon by parties.

4. REPRESENTATIONS & WARRANTIES OF CONTRACTOR

CONTRACTOR represents, warrants, and covenants that:

4.1. it is a corporation duly organized, validly existing and in good standing under the laws of the
Philippines;

4.2. it has all the requisite corporate power and authority to own and operate its properties and
assets, and to carry on its business as presently conducted;

4.3. it has all requisite corporate power and authority to execute and deliver this Agreement and this
Agreement represents the valid and binding obligation of CONTRACTOR enforceable in
accordance with its terms;
4.4. it has the management and technical expertise, track record, experience, financial capacity,
strength and stability, and has sufficient capitalization in an amount not less than Php
3,000,000.00 and investment necessary for the conduct and maintenance of its business, the
provision of the Services and the performance of its obligations herein;

4.5. it has the capacity to carry out the contracted services and all its obligations under this
Agreement, and that it has a Net Financial Contracting Capacity which is at least equal to the
total contract cost;

4.6. in providing the Services, it will strictly comply with and meet the standards, specifications and
requirements set by the CLIENT;

4.7. there are no agreements or arrangements, whether written or oral, that would be breached,
judicial decree and/or order by other governmental agencies that would be violated by
CONTRACTOR upon execution of this Agreement or that would impair or prevent it from
performing its obligations hereunder;

4.8. it has and will maintain throughout the term of this Agreement all relevant government permits,
licenses, DO 18-A registration and qualifications required to perform the Services, and it has the
necessary and sufficient labor, tools, and equipment to undertake the Services as an
independent contractor for manpower services as defined by prevailing laws and orders of the
government including the Department of Labor and Employment;

4.9. it shall the furnish CLIENT, a copy of its semi-annual reports, pursuant to DO 18-A and/or
applicable law, government order or regulation, within fifteen (15) days from submission of the
same to DOLE;

4.10. it shall comply with all labor laws, ECC and SSS, Medicare, wage orders and other similar laws,
rules and regulations including, but not limited to, the payment of the mandatory thirteenth-
month pay, minimum wage, overtime and night differential pay as well as well as the payment
of withholding taxes due to the Philippine Government and shall furnish CLIENT of the proof of
such payments every time CONTRACTOR submits its billings or such other period/interval that
may be agreed upon. Failure to submit the said proof of payment shall constitute a ground for
withholding payment and/or termination of this Agreement;

4.11. it shall observe all labor and occupational health and safety standards and social and welfare
benefits of its employees;

4.12. it shall ensure that the Services are performed in compliance with all applicable government
laws, rules and regulations and with due care to avoid damaging any part of CLIENT’s property
and equipment, or causing any injury to CLIENT’s personnel;

4.13. it shall ensure that the personnel it employs to perform the Services herein contracted are, or
after completing the legal requirements will be, its regular employees;

4.14. it shall ensure that the employees who are recruited and/or assigned shall perform the
contracted services using its own means and methods, free from the control and direction of the
CLIENT;

4.15. Establish and maintain a separate fund to cover the retirement benefits of its employees, as
mandated by RA 7641, it being understood that the retirement benefit is equivalent to half
month’s pay for year of service, which is computed at 22.5 days per month;
4.16. it shall comply with all applicable laws and regulations including the Philippine Anti-Money
Laundering Laws and the Philippine Anti-Corruption Laws; and,

4.17. it has not paid, agreed to pay, or caused or permitted to be paid, and hereby covenants that it
will not pay or caused to be paid either directly or indirectly in any form to any director, officer,
employee, agent, consultant or representative of CLIENT, or any of their shareholders, or any
other person affiliated or connected with any of them, or any person purporting to act for and in
their behalf, their officers, directors, employees, agents, consultants, or representatives, any
commissions, percentage, contingent fee payment, other benefit of any kind, or other
compensation, rebate, reward as fee, whether in cash or in any other form of remuneration in
connection with the entering into or operation or performance of this or any other agreement
with CLIENT.

5. SERVICE FEES

5.1 For and in consideration of the Services rendered, CLIENT shall pay CONTRACTOR the Service
Fee as specified in Annex B, inclusive of the standard administrative fee equivalent to ten
percent (10%) of the amounts payable directly to the personnel and government mandated
remittances. The fixed service fee is exclusive of value-added tax but inclusive of the profit
margin, administrative, clerical and other related expenses of CONTRACTOR.

5.2 The Service Fee shall be paid within thirty (30) days from receipt of billing invoice from the
CONTRACTOR. CONTRACTOR shall submit the billing invoice every 5th and 20th day of every
month.

5.3 All Certificates of Completion, CONTRACTOR’s work attendance , including a copy of

consolidated monthly payroll of members including all overtime incurred and other supporting
documents, attached to the billings, must be verified and signed by CLIENT.

5.4 All taxes, fees, dues and other impositions that shall become due as a result of this Agreement
shall be for the CONTRACTOR’s account.

5.5 As a condition to the payment of the CONTRACTOR’s service fee due for the month, the
CONTRACTOR shall submit to the CLIENT a Sworn Certification, (in the form hereto attached as
Annex D) that:

5.5.1. It has paid all the employees it assigned to the CLIENT salaries and
wages not lower than the minimum rate, and rest day, overtime, and
holiday pay due the employee for the period covered by the Statement
of Account;
5.5.2. Contributions for the SSS, Philhealth, and Pag-ibig Fund, and
remittances to the Bureau of Internal Revenue (“BIR”) due its
employees have been made during the period covered by the
Statement of Account; and,
5.5.3. It has: (i) set aside a retirement fund for its employee in a sufficient
amount with a reputable commercial bank; (ii) it has made regular
contributions to the retirement fund commensurate with the number of
its employees, to ensure liquidity and adequacy of the fund as
mandated by RA 7641; and (iii) Any and all retirement benefits which
may be due to CONTRACTOR’s employees shall be paid by said
retirement fund.

5.6 Any such day that any of CONTRACTOR’s personnel did not report for work or did not render the
required number of hours due to tardiness will be deducted from the service fee due on a pro-
rata basis using thirty (30) days as the denominator.
5.7 The delays of the CONTRACTOR in providing for replacement personnel shall also be deducted
from the service fee, in an amount equivalent to One Thousand Pesos (PHP 1,000.00) for every
day of delay until replacement is provided.

5.8 The Service Fee shall be adjusted accordingly in case of new wage orders or similar regulations
resulting in an increase in the minimum wage level or employee benefits existing during the
term of the Agreement.

5.9 CONTRACTOR agrees that, upon prior notice, CLIENT may deduct any outstanding amount due
from CONTRACTOR from any fees that may be due from CLIENT to CONTRACTOR.

6 SERVICE WARRANTY

During the term of this Agreement –

6.1 If the Services do not conform to the standards specified in this Agreement or in the reasonable
opinion of CLIENT, are otherwise not satisfactory, CLIENT, at its sole option, shall be entitled to
any one of the following remedies:

6.1.1 Require CONTRACTOR to provide requested Services or remedial measures, at

no additional cost; or

6.1.2 Require CONTRACTOR to refund the service fee paid by CLIENT for the Services
for the month; or

6.1.3 Engage third party to perform the Services, at CONTRACTOR’s cost.

6.2 Availment of any of the remedies/warranties provided herein shall not preclude the CLIENT
from pursuing any and all other remedies available to it under the law or under this Agreement.

7. TERMINATION

7.1. Notwithstanding any provision of the contract, either party may terminate this contract by
serving a written notice of termination to the other party, at least sixty (60) days prior to intended date
thereof.

7.2. The CLIENT may terminate or cancel this contract, in the event CONTRACTOR fails to perform
the services in a satisfactory manner or delays in the performance of the services and/or in case of
repeated failure by CONTRACTOR to comply strictly with the terms and condition of this contract.

7.3. Likewise, the failure of the CLIENT to pay, for two (2) consecutive months, any billings of the
CONTRACTOR will allow the latter to terminate this contract provided a written notice to that effect is
served upon the CLIENT at least sixty (60) days prior to the intended date of termination.

7.4. Any pre-termination of this Contract by either party shall be subject to the provisions of existing
laws, jurisprudence, DOLE department orders and other government issuances with respect to the
benefits to contractual engage by reason hereof.

7.5. Termination Assistance. At CLIENT’s option, CONTRACTOR shall provide termination assistance
for a period of up to one hundred eighty (180) days from termination date. CONTRACTOR shall render
termination assistance without degradation of services during the termination assistance period.

8. INDEPENDENT CONTRACTOR RELATIONSHIP

8.1. The Parties intend that an independent contractor relationship will be created by and exist
under this Agreement. Nothing herein shall be construed as creating an employer-employee
relationship or principal-agency relationship between CLIENT and its affiliates on the one hand,
and CONTRACTOR and/or its personnel on the other.
8.2. CONTRACTOR hereby acknowledges that no authority has been conferred upon it by CLIENT or
its affiliates to hire any person on its behalf. The direct contact and control of the performance
of the work of CONTRACTOR’s personnel assigned to CLIENT will lie solely with CONTRACTOR.

8.3. CONTRACTOR shall not be considered, nor shall it hold itself out as an employee or agent of
CLIENT or its affiliates for any purpose.

8.4. CONTRACTOR shall have the sole, exclusive and absolute right, as employer, to select, rotate, re-
assign, suspend, dismiss, and/or impose disciplinary measures over its personnel. CONTRACTOR
shall, by itself, select, engage or discharge its personnel and otherwise direct and control their
services and, the determination of their wages, salaries, or compensation. CONTRACTOR is the
sole and exclusive employer of its personnel assigned or to be assigned to CLIENT for all lawful
purposes.

8.5. CONTRACTOR shall not in any way hold himself out as an agent of CLIENT or its affiliates, nor as
having any authority whatsoever to bind CLIENT or its affiliates, except as or may otherwise be
provided in writing.

9. COMPANY NAME.

9.1. Without the CLIENT’s prior approval, the CONTRACTOR shall not publish or use any advertising,
sales promotion or publicity matter relating to services, equipment, materials product or any
other item furnished by the CONTRACTOR wherein the name of the CLIENT, its products, trade
names, trademarks, subsidiaries, and/or affiliates are mentioned or their identity implied.

10. CONFIDENTIALITY.

10.1. This Agreement or any part thereof and documents, communications, facts, information
materials and details related to the CLIENT’s business are confidential information and may not
be disclosed to any third party during the term of this Agreement or after the expiration or
termination thereof.

11 INDEMNITY

11.1. CONTRACTOR shall defend, indemnify and hold CLIENT, its affiliates, their respective directors,
shareholders, employees and agents (“Indemnitees”) free and harmless against any claim,
action, suit or proceeding arising from or relating to the acts, omissions, negligence or
misrepresentations (whether based upon breach of contract, fraud, fault, negligence, strict
liability or otherwise) of CONTRACTOR or its directors, shareholders, employees and agents,
including claims of CONTRACTOR’s employees. CONTRACTOR shall indemnify Indemnitees for
all losses, damages, liabilities, expenses, litigation costs, including attorney’s fees, incurred by
Indemnitees as a result of such claim, action, suit or proceeding.

11.2. CONTRACTOR also agrees to indemnify, defend and hold harmless CLIENT, its affiliates and their
respective officers, directors, employees and agents, harmless from and against any claims,
demands, loss, damage, liability, causes of action, judgments, or costs and expenses of every
nature (including attorney’s fees and expenses) (i) resulting from any claim that Contractor is
not an independent contractor, (ii) arising out of any default / failure on the part of Contractor
to make payment of dues or remittance to respective statutory authorities including but not
limited to provident fund and employees state insurance, and (iii) arising out of a complaint filed
by any of its employees before the National Labor Relations Commission on the account of
illegal dismissal, non-payment or underpayment of wages and other benefits, among others. In
the event that a complaint is filed by any of CONTRACTOR’s employees deployed to CLIENT
against CONTRACTOR before the National Labor Relations Commission, CONTRACTOR shall
inform CLIENT within five (5) days from receipt of such knowledge.

11.3. CONTRACTOR shall be liable for any and all damages or injury that may be caused to the
property, person, employees and guests of CLIENT as a result of or arising from the act or
omission or arising from the performance of work or services of CONTRACTOR’s personnel
11.4. .11.4. In any of the above instances, the CLIENT shall inform the CONTRACTOR in writing of
such damages, loss or injury within 15 days of discovery together with supporting documents.

12. BONDS AND INSURANCE COVERAGES

12.1. CONTRACTOR shall provide CLIENT the following bond and insurance coverage:

12.1.1. COMPREHENSIVE GENERAL LIABILITY INSURANCE. While this agreement, or any extension
thereof, is in effect, CONTRACTOR shall at its own expense, maintain with CLIENT’s accredited insurance
provider, claims for bodily injury, death or property damage caused to CLIENT or its subsidiaries or
affiliate or to any of their employees, agent or representative or to any third party within the premises,
the covering insurance policy or any such renewal thereof, to be kept by CLIENT, to ensure adequacy of
the protection.

12.1.2. PERFORMANCE BOND. Contractor shall provide a Performance Bond IN AMOUNT EQUIVALENT
TO __________ for CONTRACTOR’s employees deployed to CLIENT to cover any wages, benefits and/or
labor related expenses due to the Contractor’s employees in the event that Contractor underpays, fails,
delays and/or defaults in paying the same. The Performance Bond will likewise answer for any
judgement award that may be given by the National Labor Relations Commission (NLRC) to the
employees should they file a complaint before it.

12.2. CONTRACTOR shall insure the Services against risks and up to the limits indicated in this
Agreement. CONTRACTOR shall deliver copies of the insurance policies to CLIENT on the first billing
which shall remain in effect for the term of the Agreement.

13. VENUE OF ACTIONS

13.1. Any action arising from or brought under this Contract shall be filed with the proper COURTS of
Quezon City ONLY, TO THE EXCLUSION OF ALL OTHER VENUES which are hereby expressly and willingly
waived by the parties herein. In case of an action or suit filed by any of the parties hereto for breach or
violation of any of the terms and condition of this Agreement, the parties agree that the aggrieved party
shall be paid a sum equivalent to twenty five (25%) percent of total sum awarded but in no case less
that P20, 000.00 as and by way of attorney's fees, plus the cost of suit and collection or litigation
expenses as may be proven in said action and adjudged by the court.

14 MISCELLANEOUS

14.1. No waiver of any provision herein and no consent by either party for any departure from the
provisions of this agreement shall be effective unless the same be in writing and signed by the parties
and such waiver or consent shall be effective only in the specific instance and for the purpose for which
it was given.

14.2. No amendments, revision or modification of this Agreement shall be valid and effective unless
the same is in writing and mutually agreed to and signed by the parties hereto.

14.3. Neither party shall assign or transfer its rights and obligations under this Agreement without
prior written consent of the other.

14.4. This Agreement inures to the benefit of, and binding upon the successor and assigns of the
parties hereto;

IN WITNESS WHEREOF, the parties hereto have caused this contract be executed by their
respective officers or attorney – in – fact duly authorized as of this _____ day of _________________
2017.

ARC REFRESHMENTS CORPORATION ____________________________________

BY: BY:
 GERARDO T. GARCIA GEORGE T. LI
Executive Vice-President General Manager
& Chief Operating Officer

SIGNED IN THE PRESENCE OF:

MA. LOURDEZ C. CORPUS ADORA S. ESCAÑO

ACKNOWLEDGEMENT

REPUBLIC OF THE PHILIPPINES

) S.S.

Before me, Notary Public for and in _____________________, Philippines this ______ day of
_____________of _____________2015 personally appeared:

GEORGE T. LI with Community Tax Certificate No. __________issued at

__________________________________ on __________ in his capacity as General Manager of
Champion Employment Agency.

and

GERARDO T. GARCIA, with Community Tax Certificate No. ________________ issued at

____________________, in his capacity as Vice-President & Chief Executive Officer of ARC
Refreshments Corporation, all known to me to be the same persons who executed the foregoing
Contract and they acknowledge to me that the same is their free and voluntary act and deed as well as
the free and voluntary act and deed of the corporations represented herein.

I HEREBY CERTIFY that this Contract consisting of six (6) pages including this page on which this
acknowledge is written , signed, by the executing parties and their instrumental witnesses and sealed
with my notarial seal on the date and place above mentioned.

NOTARY PUBLIC

Doc. No.________
Page No.________
Book No.________
Series of 2015

ANNEX A
SCOPE OF WORK

a.) The CONTRACTOR shall undertake and provide all the necessary promotions & delivery support
services such as:

 Product delivery
 Loading / unloading
 Sorting / segregation / Yardman
 Postering
 Promotion & product sampling activities
  Account Development Salesman
 Messengerial
 Utility

a) The Services shall be performed at the following locations/sites at:

Xxxx

b) CONTRACTOR shall ensure that the provision of manpower is in accordance with CLIENT’s
approved work schedules and business operational needs, which may change from time to time.

NOTE: THIS IS THE SUGGESTED COMPUTATION OF DO 18-A (HOWEVER, IF TOOLS WILL BE

SHOULDERED BY AGENCY THIS MIGHT BE INCORPORATED BY AGENCY IN THE ADMIN FEE. 10%
IS ONLY THE MINIMUM AS PROVIDED BY LAW, WHICH WILL BE MANAGEMENT DISCRETION IF
WE WILL AGREE TO THE INCREASE.

ANNEX B
SERVICE FEES
 ANNEX C
ARC CONTRACTOR POLICIES AND PROCEDURES
 ANNEX D
SWORN CERTIFICATION

REPUBLIC OF THE PHILIPPINES)

______________________________________ )S.S.

AFFIDAVIT

I, Name [preferably the Owner/General Manager], <<single/married>>, of legal age, and a

resident of _____________________________________________, after being duly sworn in accordance
with law, hereby depose and state:

1. I am the <<position>> of the << Contractor >>, an independent contractor that provides
and performs <<kind of business/services provided to clients {but not “manpower services”)>> services
for other interested persons/business establishments.
 2. ARC REFRESHMENT COPORATION (ARC) contracted <<Contractor>> to provide it with
<<specify kind of service>> services at its <<site>> plant.

3. In compliance with the terms and conditions agreed upon in the Service Agreement with
ARC, << Contractor >> assigned <<number (__)>> employees to render work in connection with the
service contracted to it. These employees were engaged by <<Contractor>> for its separate and distinct
business as an independent contractor and were assigned in said <<site>> plant to perform work as
follows::

Name of Employee Function/Position

Note: List down all employees assigned to ARC plant/site

4. Among the above employees, <<number (__)>> were designated to act as

supervisors/coordinators/team-leads, exercising control and supervision over the rest. Specifically,
these supervisors regularly inspect, supervise and/or control the performance of <<Contractor>>’s
employees who have been assigned to render the contracted services to ARC; monitor the attendance
of <<Contractor>>’s employees; conduct performance appraisal of <<Contractor>>’s employees; initiate
and complete administrative and disciplinary processes involving <<Contractor>>’s employees, which
includes the imposition of the appropriate penalties, and all such other acts inherent to or consistent
with those mentioned above. These supervisors are as follows:

6. During the billing period <<date start>> to <<date end>>, all the employees enumerated
in paragraph three (3) above have been paid their corresponding salaries and wages, which is not lower
than the minimum wage rate prescribed by law. The above employees have also been granted their rest
days and paid their overtime pay, holiday pay, other premium payments, 13 th month pay, and cash
conversion of their service incentive leave, when applicable.

Attached hereto as Annex “1”, and made an integral part hereof, is a copy of the payroll
register/signed payslips for the period <<date start>> to <<date end>> as evidence of payment.

7. As mandated by law, the above employee’s contributions for SSS, Philhealth and Pag-
ibig and withholding tax on income (whenever applicable), have been rightfully deducted from their
salary/wages. Together with the employer’s share, which <<Contractor>> answers for, the employees’
contributions for the billing period <<date start>> to <<date end>> have also been duly remitted to the
above-named agencies. Likewise, withholding tax on their income, when applicable, has been remitted
to the Bureau of Internal Revenue.

Attached hereto as Annex “2”, and made an integral part hereof, is a copy of the proof
of remittance of SSS contributions covering the period <<date start>> to <<date end>>,
consisting of the receipt covering the payment made and the alphalist of employees covered by
said payment.

Attached hereto as Annex “3”, and made an integral part hereof, is a copy of the proof
of remittance of Philhealth contributions covering the period <<date start>> to <<date end>>,
consisting of the receipt covering the payment made and the alphalist of employees covered by
said payment.
 Attached hereto as Annex “4”, and made an integral part hereof, is a copy of the proof
of remittance of Pag-ibig contributions covering the period <<date start>> to <<date end>>,
consisting of the receipt covering the payment made and the alphalist of employees covered by
said payment.

Attached hereto as Annex “5”, and made an integral part hereof, is a copy of the proof
of remittance of withholding tax on income covering the period <<date start>> to <<date end>>.

8. I also attest that <<Contractor>> has a duly approved retirement plan for its employees
for which contributions are made on a regular basis by <<Contractor>> and deposited to xxxx Bank.

Attached hereto as Annex “6” is a copy/are copies of the deposit slip showing that
contributions to the retirement fund have been deposited covering the period <<date start>> to
<<date end>>.

8. I likewise confirm that <<Contractor>> has complied with all its warranties and
covenants under the Service Agreement with ARC and submitted all requirements therein.

9. I am executing the above affidavit to attest to the truth of the foregoing statements for

all legal purposes it can serve.

IN WITNESS WHEREOF, I have hereunto affixed my signature on this ______ day of

____________ ___________ in ______________________.

<<Name of Affiant>>
Affiant

SUBSCRIBED AND SWORN TO before me this ____day of _____________________, Affiant

exhibiting to me his/her Passport/Driver’s License/TIN/SSS ID No. _______________ expiring on
_____________ as competent evidence of identity.

NOTARY PUBLIC

Doc. No. _____

Page No. ____
Book No. ____
Series of 2012.