RICE BTA 3diamond Group

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COMMISSION SERVICE AGREEMENT

This Agreement is made and executed by and between:

BTA TOPLINE, INC., a company duly organized and existing under the law of the Republic of
the Philippines with principal business address at
_______________________________________, Philippines, represented herein by its President
BENEDICT T. ASENAS, of legal age, Filipino, herein after referred to as the ”FIRST
PARTY”,

And

3DIAMOND TRADING AND CONSTRUCTION CORP., a company duly organized and


existing under the law of the Republic of the Philippines with principal business address at Block
1 Lot 10 Ville de Soleil 1 Langkaan 1 Dasmariñas City, Cavite, Philippines represented by its
president CESAR C. DIMACULANGAN, and IRMA SINGSON QUIAMCO with
home/office located at _________________________________ Philippines, and
____________________________ with home/office located at Sitio Imelda, Upper Bicutan,
Taguig, Metro Manila, Philippines, hereinafter referred to as the “FEE RECIPIENTS”;

WITNESSETH

WHEREAS, the FIRST PARTY represents that it is the Rice Importer/Supplier of Topline Rice
Brand Source imported from Thailand;

WHEREAS, the FIRST PARTY agrees to supply the FEE RECIPIENTS rice commodity for
their Buyer in Cebu, Davao, Cagayan De Oro City and Metro Manila (herein after collectively
referred to as the “Project”);

WHEREAS, the FIRST PARTY agrees to give the FEE RECIPIENTS commission from
earning opportunities secured by the former in relation to the Project;

NOW THEREFORE, for and in consideration of the foregoing premises, the parties herein
agree as follows:

1. COMMISSION FEES:

The FIRST PARTY agrees to sell imported rice to the Buyer through the earnest effort
of the FEE RECIPIENTS. As such, the FEE RECIPIENTS shall receive commission
based on the following computation:

1. The FIRST PARTY values Per sack of rice at One Thousand Seven Hundred
(Php1,700.00) Pesos, less Ten Pesos (Php10.00). Any amount over and above the
selling price of One Thousand Seven Hundred (Php1,700.00) per sack will be
considered Commission Fees for the FEE RECIPIENTS.
2. The Buyer/s Buying Price for sacks of rice is One Thousand Seven Hundred Twenty
Pesos (Php1,720.00)
3. The FEE RECIPIENTS, will receive in accrual the amount of Thirty Pesos
(Php30.00) per sack of rice on supply per Purchase Order (P.O.) for 10 years as and
by way of Commission Fees.

TERMS OF PAYMENT:

Commission fees shall be paid by the FIRST PARTY to the FEE RECIPIENTS on a
PER PURCHASE ORDER basis hereinafter elucidated in detail as follows:

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1.1 The FIRST PARTY shall personally remit the cash payment of Commission Fees to
the FEE RECIPIENTS. If and when the Commission Fees have not been paid on the
designated date, the former is obligated to make the necessary payment immediately
on the following day. Notwithstanding the actual date of payment, the agreed
designated date for Commission payment will not change for purposes of computing
the amount to be paid for the Commission Fees;

1.2 The obligation to pay Commission fees shall continue and remain so long as the
FIRST PARTY endures to operate for 10 years from date hereof.

2. WHO AND WHERE TO PAY:

The FIRST PARTY shall pay and remit the Commission Fees to:

1. 3DIAMOND TRADING AND CONSTRUCTION CORP.


2. Address: Block 1 Lot 10 Ville de Soleil 1 Langkaan 1 Dasmañas City, Cavite,
Philippines
3. Savings Account Number: 354-3-35445125-6
4. Name of Bank: Metrbank Manggahan General Trias, Cavite Branch

3. EFFECTIVITY PERIOD:

This Agreement shall be valid and binding for a period of TEN (10) years from date of
signing of this Agreement. Notwithstanding the termination of this Agreement for any
reason, the FEE RECIPIENTS shall continue to receive the accrued Commission Fees
entitled to the latter prior to termination.

4. This Agreement shall be valid and binding between the party’s heirs, assigns, and
successors-in-interest.

5. NON CIRCUMVENTION CLAUSE:

Both parties legally commit not to, or even try to bypass, avoid, or remove directly or
indirectly each other with respect to the enjoyment of the rights and performance of the
obligations of either party as herein defined. The FIRST PARTY shall not take any
action, plan, or scheme that will eventually deprive the FEE RECIPIENTS of
Commission Fees of which his group is otherwise entitled. This clause shall continue to
survive within FIVE (5) years from the date of execution of this agreement.

6. NON COMPLIANCE/DEFAULT:

In the event the FIRST PARTY fails to remit to the FEE RECIPIENTS the
Commission Fees within the stipulated period, or does any action, plan, or scheme that
may eliminate, diminish or adversely affect the rights of the FEE RECIPIENTS under
this Agreement, the FEE RECIPIENTS shall be entitled to file for injunctive reliefs to
prevent the FIRST PARTY from supplying rice for the Buyer(s) without prejudice to
other remedies available to them under the law.

In the event that the FEE RECIPIENTS is constrained to utilize the services of a
counsel to enforce their right under the premises, the FIRST PARTY shall be held liable
to pay attorney’s fees in an amount not less than ONE HUNDRED THOUSAND PESOS
(Php 100,000.00).

7. VENUE:

In case of dispute in the implementation or interpretation of this Agreement, venue of


action shall be in City of Manila, to the exclusion of all other courts.

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In witness whereof, the parties have hereunto affixed their signature on this ___ day of
_____________, 2020 and in the City of Manila, Philippines.

FIRST PARTY: BTA TOPLINE, INC. FEE RECIPIENTS:


3DIAMOND TRADING AND
CONSTRUCTION CORP.
By: By:

___________________ ___________________________
BENEDICT T. ASENAS CESAR C. DIMACULANGAN

__________________________
IRMA SINGSON QUIAMCO

__________________________

SIGNED IN THE PRESENCE OF:

________________________________ ________________________________

ACKNOWLEDGEMENT

REPUBLIC OF THE PHILIPPINES)


___________________________) s.s.

Before me, a Notary Public of ____________ personally appeared on this


__________________ at ___________________ the following:

NAME PROOF OF IDENTITY NO. PLACE AND


(LICENSE, PP. ETC.) DATE
ISSUED
BENEDICT T. ASENAS

CESAR C. DIMACULANGAN
IRMA SINGSON QUIAMCO

And they acknowledged to me that the foregoing instrument has been signed by them. This
instrument consisting of four (4) pages has been signed by the parties on each and every page
thereof.

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

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NOTARY PUBLIC
Doc. No. ________________
Page No. ________________
Book No. _______________
Series of 2020.

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