Consultancy Agreement - Villarosa
Consultancy Agreement - Villarosa
Consultancy Agreement - Villarosa
of
1.2
3
1.2.1 The CONSULTANT shall provide the CORPORATION the following
services which shall include but not limited to the following:
a.
To troubleshoot on any and all technical problems concerning
industrial sales management; and
b.
2.2
This Contract shall take effect on April 1, 2003 and shall automatically
expire on May 13, 2003, unless earlier terminated by either party through
a written notice served at least three (3) days in advance prior to the
intended date of termination;
This Contract shall automatically expire after the lapse of the period
herein provided. In the event that both parties opt to renew this Contract,
the same shall be subject of another and new agreement between the
parties and may further include additional stipulation and covenant.
ARTICLE III
TERMINATION
3.1
3.2
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constitute default which shall be a sufficient ground to terminate this
Contract, its extension or renewal;
ARTICLE IV
CONSIDERATION
4.1
4.2
5.1
5.2
6.1
6.2
The CONSULTANT shall hold free and harmless and of no liability of any
kind whatsoever the CORPORATION against all actions, suits, damages
and claims whatsoever that may be brought or made by reason of the
non-performance or non-compliance by the CONSULTANT or any of his
agents or authorized representatives of applicable statute/law, rules,
regulations, ordinances and circulars relating to this Agreement.
The CONSULTANT hereby agrees to defend, indemnify, and hold the
CORPORATION harmless from any and all losses, damages, liabilities, costs
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and expenses (including but not limited to legal fees), arising from or
resulting directly or indirectly from his delay/default in the performance of
his duties as a CONSULTANT.
ARTICLE VII
ASSIGNMENT
For whatever cause, reason or purpose, the CONSULTANT shall not assign and/or
designate his rights under this Contract to a third person or persons without the
written consent of the CORPORATION.
ARTICLE VIII
NON-WAIVER
The CORPORATIONs failure to insist upon a strict compliance and performance
of any of the terms and conditions of this Contract, or to exercise any right or
option herein contained, shall not be construed as a relinquishment or waiver of
the condition, right, option or remedies under the law not it shall be construed as
a waiver or relinquishment of any subsequent breach or default on the
aforementioned terms and conditions, and shall not affect the validity and
enforceability of all the rights of the CORPORATION
and its remedy to
subsequently enforce or demand performance of such provision(s) against the
CONSULTANT. Silence on the part of the CORPORATION shall not be construed
or considered as condonation or waiver of any breach or default by the
CONSULTANT of any covenant/stipulation contained in this Contract. No waiver
shall be deemed to have been made by the CORPORATION unless expressed in
writing.
ARTICLE IX
VENUE
The Parties hereby agree that Courts of competent jurisdiction in Quezon City,
Philippines shall have the sole and exclusive jurisdiction to adjudicate any
dispute arising from the violation of any stipulations, provisions and covenants in
this Contract or that which may arise from the disclosure by the CONSULTANT of
any confidential information relative to his engagement as a CONSULTANT by the
CORPORATION.
ARTICLE X
GOVERNING LAW
This Agreement shall be interpreted and construed in accordance with and shall
be governed by the laws of the Republic of the Philippines.
ARTICLE XI
AMENDMENT
This Contract may be changed, altered, amended or supplemented by mutual
written agreement of the parties.
ARTICLE XII
SEPARABILITY
If any one or more of the provisions contained in this Agreement shall be
declared by final judgment invalid, illegal or unenforceable in any respect under
any applicable law, such invalidity, illegality or unenforceability shall not affect
the other provisions of this Contract.
ARTICLE XIII
ENTIRE DOCUMENT
The terms and conditions herein contained constitute the entire agreement
between the Parties pertaining to the subject matter hereof and shall supersede
any and all understandings, representation and communications prior to the date
hereof. Either party is not bound and shall not be bound by any stipulation,
representation, agreement or premise, oral or otherwise, not contained in this
Contract or incorporated herein by reference.
_________________________
Ernesto M. Villarosa
Consultant
By:
________________________
Mr. Teodoro F. Ferrer
SIGNED IN THE PRESENCE OF:
____________________________
_____________________________
ACKNOWLEDGMENT
CTC No.
Date/Place of Issue
7
Keylargo Industrial Sales
Teodoro F. Ferrer
Ernesto M. Villarosa
known to me and to me known to be the same persons who executed the
foregoing Agreement and they acknowledged to me that the same is executed
with their own free and voluntary act and deed and of the entity herein
represented.
IN WITNESS WHEREOF, I have hereunto affixed my signature on the
date and place first above-written.
Notary Public