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WHEREAS, CONTRACTOR declares, that he/she has the capability to carry out the assigned
project and tasks to be performed under the agreement which the COMPANY entered with
Smartmatic-TIM 2016, Inc. (PRINCIPAL CLIENT) for the 2022 National and Local Automated
Election, and the CONTRACTOR acknowledges his/her responsibilities under the engagement and
is specified herein by the COMPANY:
AREA ASSIGNMENT
TERMS OF PAYMENT – the COMPANY shall pay the CONTRACTOR a one-time communication
allowance (Php300.00) and transportation allowance (Php300.00) prior to election day.
CONTROL – the COMPANY retains the right of control the end results to ensure it conforms to
performance quality standards specified in this agreement.
ACCOUNTABILITY – In the event, the CONTRACTOR fails to report for duty as agreed and as
stipulated in this Agreement, said CONTRACTOR agrees to immediately return to the COMPANY,
all amounts advanced to him/her and expenses incurred by the COMPANY for CONTRACTOR; and
to retain all equipment (if any), materials, and document released to the CONTRACTOR. The
COMPANY shall exert all legal means to ensure to all amounts and equipment/materials.
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TAXES AND OTHER GOVERNMENT MANDATES – No payroll or employments taxes and other
government-mandated provisions of any kind shall be withheld or paid with respect to payments
to the CONTRACTOR. The employment taxes and other government mandated provisions shall
solely be handled by and shall be the responsibility of the CONTRACTOR. The CONTRACTOR,
under this agreement shall be liable solely for any compliance required under the law with
respect to any/all mandated and contributory governmental compliance.
INDEMNIFICATION – CONTRACTOR agrees to indemnify and hold the COMPANY, its PRINCIPAL
CLIENT, and its employees or agents harmless from any suits, claims, damages, costs, and
expenses of every kin and nature which may or might be asserted against the COMPANY and its
employees or agents by another or others resulting directly from the acts or omissions by the
CONTRACTOR.
NON-DISCLOSURE OF INFORMATION – During the term of this Agreement and for a period of five
(5) years after termination of this Agreement, CONTRACTOR will keep confidential all COMPANY’s
and its PRINCIPAL CLIENT’s information designed as “confidential”, “proprietary” or some similar
designation and all information acquired from third parties by the COMPANY under obligations of
confidence and will not reveal or divulge the same to third parties, or use or publish it, in any
manner, without prior written approval from the COMPANY.
COPYRIGHT, PATENT OWNERSHIP – All rights of copyright, patent, or any other intellectual
property in any work which was issued and released to the CONTRACTOR or jointly with the
CONTRACTOR and the COMPANY, either by operation of the “work for hire” doctrine (to the
extent applicable) or by assignment of all rights from the CONTRACTOR to the COMPANY at any
time, upon request of the COMPANY and without further compensation from the COMPANY and
its PRINCIPAL CLIENT.
GOVERNING LAW – This agreement shall be governed by and construed pursuant to the laws of
the Philippines.
ENTIRE AGREEMENT - This is the entire agreement of the parties and no other responsibilities,
promises or agreements, oral or otherwise, shall be of any force or effect.
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