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MEMORANDUM OF AGREEMENT

KNOW ALL MEN BY THESE PRESENTS:

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-

CONVERGE INFORMATION AND COMMUNICATIONS TECHNOLOGY


SOLUTIONS, INC., a domestic corporation duly enfranchised by a
Legislative Act (RA 9707) under the laws of the Republic of the Philippines,
with office address at 99 E. Rodriguez Ave. (C5), Barangay Ugong, Pasig
City as represented by its Authorized Agent, MR. DOMINGO N.
VILLAFUERTE, JR. herein referred to as “CONVERGE”.

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 ____________________________________;

WHEREAS, ____________________________________agrees to allow and permit


CONVERGE to install, set-up and maintain CONVERGE’s FACILITIES including but
not limited to connection with existing outside plant facilities from cable entrance of the
village to where CONVERGE can install its vertical and horizontal telecommunication
facilities for the benefit of its members and occupants;

NOW THEREFORE, in view of the foregoing premises herein above stated, the parties
agree and bind themselves as follows, to wit:

1. USE OF THE FACILITIES – CONVERGE shall install the structures and


facilities, in accordance with the technical design attached as Annex “A” with
prior clearance of the ____________________________________, within thirty
(30) to forty-five (45) days from execution of this Agreement, which may be
extended upon request of CONVERGE. The structures, facilities and equipment
shall be used by CONVERGE for its internet/data services as provided for in the
technical plans and design. Any upgrading of such facilities and equipment may
be done by CONVERGE at its own expense, upon notice to
____________________________________without any additional payment.

2. CARE AND MAINTENANCE OF PREMISES – CONVERGE shall, at his own


expense and at all times, maintain the facilities in good and safe condition.

3. MAINTENANCE OF EQUIPMENT INSTALLED – __________________ grants


CONVERGE’s duly authorized representatives access to the facilities, which

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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.

4. ENTRY AND INSPECTION – ____________________________________shall


permit CONVERGE or its representatives/agents’ access to the CONVERGE
structures, facilities and equipment at all times and upon reasonable notice, if
necessary, for the purpose of inspecting the same.

5. MARKETING ACTIVITY - ____________________________________shall


allow CONVERGE to conduct its marketing/service offering activities, upon
activation of the telecommunications facilities and initial launching free of charge.
The following are the proposed marketing/service offering activities;
5.1 Booth Set-up at the village clubhouse or any designated area
 one straight week (7 days) on the initial launching
 2-3 times a week after the initial launching for such duration
agreed by the parties.
5.2 Actual Demo (same duration with booth set-up)
5.3 Subscribers line installation
5.4 Circulation of Memo (distribution of flyers and letters)
5.5 Posting of CONVERGE Ads at the bulletin board
5.6 Participation in any events within the community
5.7 Maintenance of facilities

6. SUBSCRIBER LINE INSTALLATION AND MAINTENANCE ACCESS-


____________________________________shall allow CONVERGE to enter
upon the premises at all times for installation to client/s, service and maintenance
activities, free of charge.

7. WARRANTY - ____________________________________represents and


warrants that it has sufficient, valid and good title and interest over the
subdivision and that it has full authority to enter into and execute this Agreement.

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.

9. THIRD PARTY LIABILITY – CONVERGE shall hold ______________ harmless


and free from any claims or liabilities by any party or third persons arising from
bodily injury or property damage sustained during the installation, operation and
maintenance of the telecommunications facilities and equipment.

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.

12. FORCE MAJEURE – ____________________________________shall not have


any liability whatsoever or be deemed to be in default for any delay or failure in
the performance under this agreement resulting from acts beyond its control,
including without limitation acts of god, acts or regulations of any government
authority or national emergency, accident, fire, and other causes resulting to the
destruction of the facilities of CONVERGE.

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.

14. ENTIRE AGREEMENT – The foregoing constitutes the entire agreement


between the parties and may be modified only in writing by both parties.

IN WITNESS WHEREOF, the Parties have hereunto signed this AGREEMENT this
day of , 2021 at the date and place first above-mentioned.

CONVERGE INFORMATION AND


COMMUNICATIONS TECHNOLOGY
SOLUTIONS, INC.

By:

MR. DOMINGO N. VILLAFUERTE, JR.

Signed in the presence of:

(Signature over printed name) (Signature over printed name)

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ACKNOWLEDGMENT

REPUBLIC OF THE PHILIPPINES)


) S.S.

BEFORE ME, a Notary Public for and in _______________ this ___ day of
______________ 2021 personally came and appeared the following:

NAME ID DATE & PLACE ISSUED

PASSPORT September 9, 2016


DOMINGO N. VILLAFUERTE, JR.
P0196229A DFA NCR EAST

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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