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This Memorandum of Agreement is made and entered this _____ day of ___________
2021 in ___________________ by and between:
___________________________________________________., a non-
stock non-profit HOMEOWNERS ASSOCIATION (HOA) duly organized and
existing under Philippine laws, with office address at
_________________________________________, represented in this act
by its President, _________________________________________ herein
referred to as “__________________________________________”;
-and-
WITNESSETH:
WHEREAS, CONVERGE desires to install its Fiber Optics Cable (FOC) for broadband
internet, and Local Convergence Point (LCP)/Network Access Point (NAP) facilities
inside ____________________________________;
NOW THEREFORE, in view of the foregoing premises herein above stated, the parties
agree and bind themselves as follows, to wit:
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include the site where the equipment are installed, to perform its repair,
maintenance and/or installation/ upgrading therein at all times upon advance
notice to ____________________________________, except in cases of
emergency repair; Provided however that CONVERGE’s representatives may be
allowed access into the Subdivision only when in company uniforms with the
proper ID’s.
CONVERGE shall be liable for all injury or damages upon persons and property
within the premises ____________________________________caused by
willful and/or negligent acts of agents, employees or representatives of
CONVERGE.
8. AUTHORITY – The parties hereto represent and warrant that they have full
power and authority to enter into and perform its obligations under this
Agreement. All necessary actions, consents and approvals for the execution of
this Agreement have been taken and/or obtained. The parties likewise warrant
that the signatories herein are duly authorized by the corporation and association
that they each represent.
10. SUCCESORS AND ASSIGNS – This Agreement shall be binding not only on the
parties to this Memorandum of Agreement but shall likewise have full force and
effect upon their respective successors, administrators and assigns.
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11. CONFIDENTIALITY – The terms and conditions contained in this Agreement
shall always remain confidential and both parties undertake that it shall not
disclose, divulge or reveal any of the terms herein to any person or entity.
13. VENUE and ATTORNEY’S FEES – In case of breach of the terms and
conditions agreed upon in this Agreement, the aggrieved party shall be afforded
the rights accorded under the provisions of the law. Any legal action arising there
from shall be brought exclusively before the proper courts of Pasig City and or
Antipolo City and the aggrieved party shall be entitled to all costs incurred in
connection with such action, including reasonable attorney’s fee.
IN WITNESS WHEREOF, the Parties have hereunto signed this AGREEMENT this
day of , 2021 at the date and place first above-mentioned.
By:
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ACKNOWLEDGMENT
BEFORE ME, a Notary Public for and in _______________ this ___ day of
______________ 2021 personally came and appeared the following:
Known to me and to me known to be the same persons who executed the foregoing
Memorandum of Agreement and they acknowledged to me that the same to be their
free and voluntary act and deed as well as that of the corporations represented herein.
This instrument consists of four (4) pages including where the acknowledgement is
written and signed by the parties together with their instrumental witnesses on each and
every page hereof.
WITNESS MY HAND AND SEAL on the date and in the place above mentioned.
Doc. No.
Page No.
Book No.
Series of 2020.
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