Contract Agreement - Leyte

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CONTRACT AGREEMENT

KNOW ALL MEN BY THESE PRESENTS:

This Contract is made and entered into this____ day of __________ 2023, by and
between:

SOLIMAN E.C. SEPTIC TANK DISPOSAL, a sole


proprietorship business duly organized and existing under and by
virtue of the laws of the Philippines, with principal business
address at Unit 2 Epi-Deans Building, McArthur Highway,
Sindalan, City of San Fernando, Pampanga, represented by its
President, MR. EPITACIO C. SOLIMAN, JR., hereinafter referred
to as the "FIRST PARTY",

-and-

ANTHONY L. RABACIO, of legal age, married, Filipino and with


residential address at Tacloban City, Leyte, hereinafter referred to
as the "SECOND PARTY";

WITNESSETH: THAT -

WHEREAS, the FIRST PARTY, in compliance with pertinent laws, orders, rules and
regulations duly issued by government agencies, has determined that the SECOND PARTY’s
quotation/proposal, to be the most advantageous in the processing of documents for the
transfer of title and tax declaration concerning a property covered by OCT No.
CARP2018000159 with an area of Eighteen Thousand Eight Hundred Forty-Five (18,845) square
meters, more or less, located in Brgy. Calsadahay, Dagami, Leyte, among others (“hereinafter
called the “SERVICES”);

WHEREAS, the SECOND PARTY accepts and obligate himself to perform the
SERVICES and the FIRST PARTY has accepted the SECOND PARTY’s quotation/proposal;

WHEREAS, the SECOND PARTY undertakes, represents and warrants that it has the
necessary expertise and knowledge to fast track the application and/or processing of
documents for the transfer of title and tax declaration by coordinating person and government
agencies involved to meet the legal requirements;

NOW, THEREFORE, for and in consideration of the foregoing premises and of the
mutual covenants, hereinafter stipulated, the parties hereby agree on the following:

1. DURATION. The SECOND PARTY commits to execute the SERVICES within Sixty
(60) to Ninety (90) calendar days without delay to commence from the date of the
execution of this Contract.

2. SCOPE OF SERVICES. The scope of services of this Contract includes among others,
representation and processing of documents necessary for the transfer of title and tax
declaration before any of the government agencies concerned involving the afore-
mentioned property (Please see “Annex A” for the list of services and expenses).

3. CONTRACT PRICE. For and in consideration of the SERVICES rendered, the FIRST
PARTY shall pay the SECOND PARTY the amount of Philippine Peso: ONE
HUNDRED TWENTY-FIVE THOUSAND PESOS (Php125,000.00), inclusive of all
applicable taxes upon satisfactory completion of the afore-mentioned services. The
payment schedule shall be as follows:

CONTRACT AGREEMENT BETWEEN


SOLIMAN E.C. SEPTIC TANK DISPOSAL. and ANTHONY L. RABACIO

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 Seventy-Five (75%) down payment upon the execution of this instrument; and
 Twenty-Five (25%) or the remaining balance shall be paid upon submission of the
Certificate of Registration duly issued by the Bureau of Internal Revenue and
other essential documents.

The contract price mentioned above shall represent all that is demandable under this
Contract. Any additional expenses incurred by the SECOND PARTY in performing said
services, it shall be borne by him.

4. PAYMENT TERMS AND CONDITIONS. For and in consideration of the services


performed by the SECOND PARTY under this Contract, FIRST PARTY shall pay
SECOND PARTY the fees set forth in Annex “A”.

5. EFFECTIVITY/LIABILITY. This Contract shall become effective upon execution thereof.


The term/duration of this Contract may be extended upon the sole prerogative of the
FIRST PARTY. The FIRST PARTY shall not be liable to the SECOND PARTY for the
delay or non-performance of its obligations under this Contract arising from force
majeure or due to the acts/omissions of the SECOND PARTY which prevents FIRST
PARTY from complying with its obligations hereto.

6. TERMINATION. The following events shall entitle the party not in breach to terminate
this Contract upon written notice to the other: (i.) Failure of FIRST PARTY to pay all
sums due to SECOND PARTY within fifteen (15) working days from the time it
becomes due pursuant to the terms of this Contract; (ii.) Failure of SECOND PARTY to
perform the outputs and/or deliver the documents within the agreed period/s, or
within any extension thereof granted by FIRST PARTY, if any, pursuant to a request
made by the SECOND PARTY prior to the delay; and (iv.) Any violation or breach by
the SECOND PARTY of any provision of this Contract.

7. CONFIDENTIALITY. Neither of the parties shall disclose to any person or use for its
own benefit, any information concerning the business or affairs of the other, except as
may be required in the performance of the Contract. Both parties shall exercise all
reasonable care and diligence to prevent actions or conditions that may result in conflict
of interests between the parties.

Further, it is hereby understood that the disclosure of such data and confidential
information, in any manner, whether knowingly or unknowingly, constitutes a breach of
this Agreement. Such breach entitles the innocent party to terminate this Agreement,
without prejudice to the liabilities of the guilty party and its employees, agent, or
representative under existing laws.

8. SEVERABILITY. If any provision of this agreement or the application thereof to any


situation or circumstance be invalid or unenforceable, the remainder of this Agreement
shall not be affected, and each remaining provision shall be valid and enforceable to its
fullest extent. In the event of such partial invalidity, the parties shall, in good faith, agree
to replace such invalid provisions with another similar provision to that effect.

9. AMENDMENTS. No verbal agreements between the parties, either before or after the
execution of this Agreement, shall modify or change any of the terms and conditions
herein contained. It is expressly understood that no amendment, alternation or
modification of this Agreement shall be effective unless made in writing and signed by
the parties.

10. NO EMPLOYER-EMPLOYEE RELATIONSHIP. This Contract does not create an


employer-employee relationship between the FIRST PARTY and the SECOND PARTY.

CONTRACT AGREEMENT BETWEEN


SOLIMAN E.C. SEPTIC TANK DISPOSAL. and ANTHONY L. RABACIO

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11. LIABILITY. In case the SECOND PARTY is unable to comply with the terms and
conditions of this Contract or fails to satisfactorily deliver the SERVICES on time, the
SECOND PARTY shall be liable to pay damages on account of such delay and shall pay
FIRST PARTY, liquidated damages, not by way of penalty, in an amount equal to 0.5%
of the Contract Price for every day of delay, until the Service 9as may be required by
FIRST PARTY) has been provided.

12. GOVERNING LAW AND VENUE OF ACTION. This Contract shall be governed by
and construed in accordance with the laws of the Republic of the Philippines. Venue of
all actions arising from this Contract shall be brought exclusively to the jurisdiction of
the appropriate courts of San Fernando City, Pampanga.

13. MISCELLANEOUS PROVISIONS

13.1 This Contract and its Annex constitutes the entire agreement between the parties,
and neither party has relied on any prior or contemporaneous representation, either
oral or written, that is not herein contained.

13.2 It is hereby understood that the party shall be free from any liability arising from
the fault, acts, or negligence of the other party which may result in damage, whether
it be the primary cause or a contributory act, which may arise in connection with
this Contract.

13.3 The parties hereby warrant that the signatories herein have the full power, right and
authority to sign this Agreement.

13.4 The parties hereby agree that they will comply with all applicable laws, rules and
regulations and act in good faith in performing their activities under this Contract.

IN WITNESS WHEREOF, the parties hereto have hereunto affixed their signatures on
the date and place first above written.

SOLIMAN E.C. SEPTIC TANK DISPOSAL ANTHONY L. RABACIO

FIRST PARTY SECOND PARTY

By:

MR. EPITACIO C. SOLIMAN JR.


President

SIGNED IN THE PRESENCE OF:

CONTRACT AGREEMENT BETWEEN


SOLIMAN E.C. SEPTIC TANK DISPOSAL. and ANTHONY L. RABACIO

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__________________________ ___________________________

ACKNOWLEDGEMENT

REPUBLIC OF THE PHILIPPINES)


) S.S.

BEFORE ME, a Notary Public for and _______________________, __________, personally


appeared the following on ___________________:

Name Competent Evidence of Date/Place Issued


Identity

EPITACIO C. SOLIMAN JR. Passport ID No: 23 February 2021


P6360632B DFA Manila

known to me and to me known to be the same person who executed the foregoing
instrument which they acknowledged that the same is his free and voluntary act and deed,
consisting of ______ pages, including this page in which this Acknowledgment is written, duly
signed by him and his instrumental witness.

WITNESS MY HAND AND SEAL on the date and place above written.

Doc. No. _______;


Page No. _______;
Book No. _______;
Series of 2023.

CONTRACT AGREEMENT BETWEEN


SOLIMAN E.C. SEPTIC TANK DISPOSAL. and ANTHONY L. RABACIO

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ACKNOWLEDGEMENT

REPUBLIC OF THE PHILIPPINES)


) S.S.

BEFORE ME, a Notary Public for and _______________________, __________, personally


appeared the following on ___________________:

Name Competent Evidence of Identity Date/Place Issued

ANTHONY L.
RABACIO

known to me and to me known to be the same person who executed the foregoing
instrument which they acknowledged that the same is his free and voluntary act and deed,
consisting of ______ pages, including this page in which this Acknowledgment is written, duly
signed by him and his instrumental witness.

WITNESS MY HAND AND SEAL on the date and place above written.

Doc. No. _______;


Page No. _______;
Book No. _______;
Series of 2023.

CONTRACT AGREEMENT BETWEEN


SOLIMAN E.C. SEPTIC TANK DISPOSAL. and ANTHONY L. RABACIO

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CONTRACT AGREEMENT BETWEEN
SOLIMAN E.C. SEPTIC TANK DISPOSAL. and ANTHONY L. RABACIO

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