MEMORANDUM OF AGREEMENT

KNOW ALL MEN BY THESE PRESENTS:

This AGREEMENT is made and entered into by and between:

The BATANGAS STATE UNIVERSITY, a university duly organized and existing under
and by virtue of the laws of the Republic of the Philippines, with principal address at Rizal Ave.,
Batangas City, represented in this act by DR. TIRSO A. RONQUILLO in his capacity as
UNIVERSITY PRESIDENT, and hereinafter referred to as the BatStateU

and

CITY OF LIPA a local government unit existing under and by virtue of the laws of the
Republic of the Philippines, with municipal office address at Maraouy, Lipa City, Batangas,
represented in this act by HON. MEYNARDO A. SABILI in his capacity as the city mayor and
hereinafter referred to as City of Lipa;

WITNESSETH:

WHEREAS, BatStateU recognizes the need to strengthen the services to and network with
the City of Lipa to make functional its goal of development research and extension services.

WHEREAS, BatStateU offers partnership with the City of Lipa regarding the project,
Proposed Development Plan of City Hall Compound at Maraouy, Lipa City, Batangas in
line with its mandate to perform research and extension function subject to the terms and
conditions set forth in this MOA; a plan of which is stipulated under the attached Program Plan
marked as Annex A and forms part of this Agreement;

WHEREAS, the City of Lipa recognizes the beneficial impact of a partnership in

developing machines/solutions that may be used in the industry and hereby accepts the offer of
BatStateU to be a partner in the above-stated project;

NOW, THEREFORE, for and in consideration of the above premises, and of mutual
covenants and stipulations hereinafter set forth, the parties hereto agree to enter into this
Memorandum of Agreement under the following terms and conditions:

SECTION 1. RIGHTS AND OBLIGATIONS OF BATSTATEU

1. BatStateU shall ensure the strict confidentiality of the data that will be gathered from the City
of Lipa. These data shall only be used for the researches to be conducted in the implementation of
this agreement.

2. The outputs of the research will be given to the City of Lipa or its utilization whether in form of
system improvement of product development subject to intellectual property rights that BatStateU
and/or the research assistants may have;

3. The research group shall have one faculty researcher and three student research assistants.

4. The intellectual property rights over the project/research outputs shall remain with the
BatStateU.
SECTION II. RIGHTS AND OBLIGATION OF THE CITY OF LIPA

1. The City of Lipa shall allow and assist the students of the BatStateU, specifically the BS Civil
Engineering students, to conduct data gathering and/or testing necessary for their researches, these
testing shall be performed under the supervision of its personnel at the dates and time established
by the parties. It is understood that the aforesaid assistance shall include but not limited to the
technical assistance on the design requirements and considerations on testing, safety and repair,
and maintenance.

2. Being the recipient of BatStateU research/projects outputs, City of Lipa in return may give
academic support to the university, which may include, but not limited to, the following: training
programs to students and faculty, curriculum enrichment and laboratory support of any form.

3. The City of Lipa shall not produce the project/concept of the researchers without
permission/consent form BatStateU.

4. The City of Lipa shall not be held liable for any accident or any unfortunate incident that the
proponents may encounter during the effectivity of this agreement.

5. The City of Lipa shall not reproduce/replicate/implement the project/concept of the

proponents without permission/consent from BatStateU.

6. The design output will be used by the City of Lipa, as an initial design for their project.

7. The City of Lipa may use the design output for implementation upon request from BatStateU
for issuance of the structural drawings and specifications for the project.

8. The City of Lipa shall be held liable for any and all liabilities not arising from the design of the
project during implementation of the project and use of the same after its completion.

SECTION III. IMPACT ASSESMENT

1. It shall be the duty of both parties to conduct assessment to determine impact and sustainability
of the transferred technology, design output, equipment and/or machinery after three (3) years of
utilization. For this purpose, BatStateU and the City of Lipa shall each assign qualified personnel
to constitute a committee to conduct this assessment. A report on the impact assessment with
proper recommendations shall be submitted to the management of both parties.

SECTION IV. MISCELLANEOUS PROVISIONS

1. This agreement shall take effect from August 2017 August 2018 or until the
research/project output of this agreement is actually transferred to the City of Lipa. The
duration herein shall set forth shall be without prejudice to the conduct of the impact
Assessment.

2. Both parties shall not be held liable for any damage/loss to their persons or property caused
by a RESEARCHER or by a THIRD PARTY in the course of the program. However,
should the damages occur due to negligence of a party, and then said damages will be
charged to the account of the party at the fault after proper determination.
 Provided, further that any damage/loss to the persons or property of a THIRD PARTY
and/or RESEARCHER due to the negligence of a party of this agreement during the course
of the agreement will be charged to the account of the party at fault after proper
determination.

Provided lastly, that neither of the parties shall be liable in any way for the failure to
observe of perform any provisions of this agreement if such failure shall be caused by any
law, rule and regulation of any constituted public authority nor shall be due to any force
majeure event or any event caused beyond control of party in default

3. This agreement shall be binding to both the City of Lipa and BatStateU and their respective
legal successors and assigns, and all rights and obligations of either Party as herein
provided shall not be assigned to any third party without the prior written consent of the
other party.

IN WITNESS WHEREOF, the Parties have executed this agreement on the date first
written above

HON. MEYNARDO A. SABILI DR. TIRSO A. RONQUILLO

City Mayor University President
City of Lipa Batangas State University

SIGNED IN THE PRESENCE OF:

ATTY. LEO S. LATIDO ENGR. OLIVER S. DIMAILIG

City Administrator Chairperson, Civil and Sanitary Engineering
City Administrators Office Department
City of Lipa Batangas State University