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FM-CMMS-MMC 0207-04-02

UNDERTAKING/PROMISSORY NOTE

This Undertaking/Promissory Note is made by:

_________________________ (Seafarer), Filipino, of legal age, residing at


_________________________________________________________________;

_________________________ (Maker), Filipino, of legal age, residing at


_________________________________________________________________; and

_________________________ (Co-Maker), Filipino, of legal age, residing at


_________________________________________________________________

(Each a “Party” and collectively, the “Parties”)

WHEREAS, Seafarer was hired to be a ____________________________ on board the vessel of


__________________________________________ (the “Principal”) through its licensed manning
agency, Magsaysay Maritime Corporation (“Magsaysay”);

WHEREAS, Magsaysay and/or Principal will exert efforts and incur expenses to ensure that the Seafarer
can enter foreign countries for legitimate purposes relevant to his/her employment and prompt
repatriation to the Philippines upon the termination or conclusion of his/her shipboard service;

WHEREAS, Magsaysay and/or Principal will exert such efforts and incur such expenses in reliance on the
Seafarer’s promise that he/she will not abscond or otherwise remain in any foreign country in violation of
that country’s immigration laws;

WHEREAS, Magsaysay and/or the Principal will suffer harm, inconvenience, expense, and damages if the
Seafarer absconds or otherwise remains in any foreign country in violation of that country’s immigration
laws while traveling in connection with his/her employment or repatriation;

WHEREAS, to strengthen Seafarer’s commitment to abide by applicable visa restrictions and immigration
laws and to deter Seafarer from absconding in any foreign country, the Parties are willing to indemnify
Magsaysay and/or the Principal for any harm, inconvenience, expense, and damage arising from the same;

NOW, THEREFORE, in consideration of the foregoing, the Parties hereby undertake and promise as
follows:

1. Seafarer shall at all times abide by applicable visa restrictions and immigration laws and shall not
abscond or otherwise remain in any foreign country in violation of that country’s immigration laws
while traveling in connection with his/her employment or repatriation.

2. The Parties shall cooperate fully with Magsaysay, the Principal, and public authorities in the event
that the Seafarer violates his/her commitments in this Undertaking/Promissory Note.

3. Should Seafarer abscond or otherwise remain in any foreign country in violation of that country’s
immigration laws while traveling in connection with his/her employment or repatriation, the Parties
shall be liable jointly and severally to pay, reimburse, and indemnify Magsaysay and/or the Principal
for any harm, inconvenience, expense, and damage relevant to or arising from the same, including,
but not limited to, airfare and travel accommodations, legal fees, and penalties/fines.
4. The Parties understand and agree that this Undertaking/Promissory Note and their obligations herein
are separate and distinct from the obligations arising from the Seafarer’s employment contract, that
it is not intended as a guarantee for the Seafarer’s performance under the employment contract or
for the Seafarer’s repatriation, and that this Undertaking/Promissory Note is made solely for the
purposes stated herein.

5. The Parties each acknowledge that they have read this Undertaking/Promissory Note and understand
all of its terms, and that this Undertaking/Promissory Note is being executed knowingly and
voluntarily, without duress, and with full knowledge of its legal significance.

IN WITNESS WHEREOF, we have hereunto set our hands this _______ day of __________________, 20___
in Manila, Philippines.

MAKER (WIFE/FATHER/GUARDIAN) CO-MAKER (MOTHER/GUARDIAN)

SEAFARER

WITNESSES

Fleet HR Director/Branch Manager Fleet HR Manager/ Fleet HR Officer/Branch


Officer

ACKNOWLEDGMENT

BEFORE ME, a duly commissioned Notary Public in and for City of Manila, Philippines, personally appeared the
following:

Name Government ID & ID Number Issue Date/Validity

known to me and to me known to be the same persons who executed the foregoing instrument, an
Undertaking/Promissory Note, and acknowledged to me that the same is their own free and voluntary act and deed.

WITNESS MY HAND AND SEAL this _______ day of __________________, 20___ in Manila, Philippines.

Doc. No. __________;


Page No. __________;
Book No. __________;
Series of 20___

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