You are on page 1of 3

MEMORANDUM OF AGREEMENT

This AGREEMENT made and entered into by and between:

_____________________________, with address at ____________________________________,

designated as Construction Contractor, also known as the FIRST PARTY, as

represented by its Authorized Representative, ______________________________________

- And -

__________________________ with address at________________________________

___________________________ with address at #1061 Ibarra St. Sampaloc, Manila designated as


____________________, also known as the SECOND PARTY

For the purpose of successfully negotiating the awarding to the FIRST PARTY of
______________________________ also known as The Project.

WITNESSETH: As follows

1. COLLABORATION

That the First Party and Second Party hereby agree to cooperate for the successful negotiation for the
awarding of The Project to The First Party.

Their collaboration shall be inclusive of the following:

• Coordination to be provided by the Second Party to The First Party regarding

a) All documents required for submission by the First Party

b) All procedures for compliance

c) All required meetings between The First Party and the Project’s proponent

2. COMMISSION FEES

For Professional Facilitation services provided by the SECOND PARTY to the FIRST PARTY resulting to
awarding of The Project by the General Contractor to The FIRST PARTY, The FIRST PARTY shall release
commission fees for the SECOND PARTY equivalent to 8% of the gross project contract amount
awarded to the FIRST PARTY. The 8% commission fees payable to the SECOND PARTY shall be paid in
full to be deposited directly to the Bank Accounts of the Second Party with details as per below, upon
the release by the General Contractor to the FIRST PARTY of the mobilization (down payment) for The
Project:

8% to ____________________

“Bank details to be provided”


3. SUPPORT PERSONNEL

The Second Party shall be solely responsible to compensate all support personnel under them who
assisted with the facilitation of the awarding of The Project to The First Party. No further additional
Commissions shall be requested from The FIRST PARTY by the SECOND PARTY other than the
Commission stated under section 2 of this agreement.

4. INCOME TAXES

All government income taxes on the commission fees paid out by The FIRST PARTY to the SECOND
PARTY shall be paid by The SECOND PARTY and are not the responsibility of The FIRST PARTY. For any
withholding taxes retained by the FIRST PARTY, the SECOND PARTY shall request a voucher from the
FIRST PARTY for compliance with the necessary BIR requirements.

5. AMLC REQUIREMENTS

The SECOND PARTY may use a copy of this agreement and copies of check

vouchers from The FIRST PARTY, for the purpose of addressing any Anti Money

Laundering Council requirements with the SECOND PARTY’s selected bank.

6. CONFIDENTIALITY and Non-Circumvention and Non Disclosure Agreement;

That all the parties to this agreement commit to maintain utmost confidentiality of all the details of
The Project under this Memorandum of Agreement, and that the First Party shall not circumvent
and disclose and/divulge any of the information contained therein to any other parties outside of
this agreement otherwise a 2% commission fee thereat shall be imposed.

IN WITNESS WHEREOF, the FIRST PARTY and the SECOND PARTY have hereunto set their hands this
______________________ day of ______________________, 20_____ at
_______________________City, Philippines

_____________________________ _____________________________

FOR THE FIRST PARTY FOR THE SECOND PARTY

TIN No: TIN No: __________________

SIGNED IN THE PRESENCE OF:

_________________________ __________________________
WITNESS WITNESS
A C K N O W L E D G E M E N T:

REPUBLIC OF THE PHILIPPINES )

QUEZON CITY ) S.S.

BEFORE ME, a Notary Public in and for the above jurisdiction on this __________ day of__________
20___ personally appeared:

Name: TIN/Community Tax Cert (With Date/Place of Issue)

___________________________________ ______________________________

___________________________________ ______________________________

___________________________________ ______________________________

All known to me to be the same persons who executed the foregoing instrument and they
acknowledged to me that the same is their own free voluntary act and deed and that of the corporate
entities/persons represented by them.

WITNESS MY HAND NOTARIAL SEAL on the date and at the place above written.

NOTARY PUBLIC

You might also like