MEMORANDUM OF AGREEMENT

This Deed is made and entered into this _____ day of _____________ 2020, at
________________________________, Philippines, by and between:
______________________________________________, herein represented by
_______________________________________________, of legal age, Filipino, married and
hereinafter referred to as the FIRST PARTY;
__________________________________________________, which is represented by
its _______________________________________________________, hereinafter referred to
as the SECOND PARTY;
-and-
____________________________________________, with office address located at
_________________________________________, Philippines and represented by, hereinafter
referred to as the THIRD PARTY.
WITNESSETH:
WHEREAS, the FIRST PARTY will utilize portion of the property for the establishment of
a school;
NOW THEREFORE, for and in consideration of the foregoing premises, the parties
thereto have agreed, as by these presents, do hereby agree and bind themselves with the
following terms and conditions:
I. COMMENCEMENT: This MEMORANDUM OF AGREEMENT shall take effect upon
the signing of the parties;

II. DURATION: The duration of this MEMORANDUM OF AGREEMENT shall be for a

period of 50 years from the date of commencement of the agreement and will
be REVIEWED every 25 years;

III. LOCATION AND AREA: The agreed site where the FIRST PARTY is permitted to
operated will be on _______________________;

IV. CONSENT: Upon the signing of this agreement, the SECOND PARTY gives its
consent to the FIRST PARTY to manage, administer, regulate and undertake its
activity in the above – mentioned area of operation, subject to the permit and/or
documentary requirement of the Department of Environment and Natural
Resources, other regulatory agency and the Third Party;

V. OBLIGATIONS OF THE FIRST PARTY

 The FIRST PARTY further undertakes to comply with its additional
obligations to the SECOND PARTY and the THIRD PARTY throughout the
duration of this agreement, to wit:
1. The First Party undertakes to pay extraordinary damages that the SECOND
PARTY may suffer on account of the policy, programs, projects, plan, or
activity based on a reasonable and justifiable determination of the cost as
agreed by the parties;

2. That in case the FIRST PARTY withdraws its projects, all structures will be
waived in favor of the SECOND PARTY;

3. PRESERVATION OF NATURAL RESOURCES: the FIRST PARTY shall be

responsible also to preserve the wildlife sanctuary. Forest reservation,
watershed reservation, sacred places and other natural resources found in
the ancestral domain of the SECOND PARTY;

4. That prior coordination with the SECOND PARTY is recommended before any
new activities of the FIRST PARTY affecting community interest is
commenced, to allow the SECOND PARTY to identify and inventory the
properties that may be affected and or damaged, if any;

VI. RESPONSIBILITIES OF THE SECOND PARTY

The SECOND PARTY undertakes to do the following:

1. Shall faithfully preserve the wildlife sanctuaries, watershed areas, reservation areas,
sacred places and other natural resources found within the project area, and
cooperate with the FIRST PARTY;

2. Shall exert their best effort to keep the activities of the FIRST PARTY within the
subject area be peaceful and free from harassment, interference and the like.
Likewise, the FIRST PARTY may establish security measures within its operations to
ensure safety, peace and order to its activities;
3. Shall comply with the security policy and regulations that the FIRST PARTY may issue
or impose in the course of its operation particularly affecting the life, safety and
health of its members of the community.

VII. ROLE OF THE THIRD PARTY

The THIRD PARTY is mandated by law to observe and comply with its
duties and functions as follows:
1. IMPOSITION OF SANCTIONS OR PENALTIES FOR NON – COMPLIANCE: To
ensure that all terms and conditions stipulated in this agreement shall be
respected and implemented and may impose sanctions or penalties for non-
compliance with and/or violation of the terms and conditions of this
agreement; and

VIII. MODIFICATION
Any modification of this agreement will be effected only if done in writing and signed by
the parties herein.
IX. PARTIAL INVALIDITY
If any of the provisions in this agreement is declared by a competent court to be null
and void or enforceable, the remaining provisions not affected by the defect shall
nevertheless continue in full force without being impaired or invalidated in any way.

X. NON TRANSFERABILITY OF MOA IN CASE OF MERGER/TRANSFER OF

RIGHTS/JOINT VENTURE/PARTNERSHIP/CHANGE IN MANAGEMENT
In the event of merger, reorganization, transfer of rights acquisition by another entity,
or joint venture of the FIRST PARTY, a new negotiation shall be required to be secured
from the SECOND PARTY by the new entity.
XI. COMPLIANCE OF GOOD FAITH
All the parties to this Memorandum of Agreement hereby bind themselves to exercise
utmost good faith in the performance of their duties, particularly on those directly
affected by the project.
XII. AGREEMENT EXPLAINED IN NATIVE DIALECT
This agreement is explained in the vernacular and in their native dialect and is entered
into voluntarily without any force or duress.
IN WITNESS WHEREOF, the parties have hereunto set their hand this _____ day of
____________ at ___________________________, Davao del Sur, Philippines.

________________________________
(FIRST PARTY)

________________________________
(SECOND PARTY)
By:

________________________________
(THIRD PARTY)