MEMORANDUM OF AGREEMENT

KNOWN ALL MEN BY THESE PRESENTS:

This Memorandum of Agreement entered into by and between:

BATANGAS STATE UNIVERSITY – Pablo Borbon, a constituent campus of

Batangas State University, the National Engineering University of the Philippines
by virtue of Republic Act 11694, with principal office address at Golden Country
Homes Subdivision, Alangilan, Batangas City, Philippines, herein represented by
its Chancellor, DR. EXPEDITO V. ACORDA, hereinafter referred to as the
“First Party”.the “First Party”.

-and-

NAME OF COMPANY, a corporation duly organized and existing under the laws
of the Republic of the Philippines, with office address at
, herein represented by
its , NAME OF AUTHORIZED
REPRESENTATIVE, hereinafter referred to as the “Second Party”.

WITNESSETH:

WHEREAS, the First Party offers courses wherein the students are required to undergo on-the-
job training or internship training to be adequately exposed to actual industrial situations, thereby
augmenting formal schooling;

WHEREAS, the First Party proposes that its students be allowed to undergo internship or on-
the-job training remotely and in limited face-to-face set up under the Second Party’s
supervision, and the latter has accepted the former’s proposal, subject to the terms and conditions
provided for in this agreement; and

WHEREAS, the Second Party agreed to accept students of the First Party as interns or student-
trainees (“student-trainees”) through a remote and limited face-to face setup in support of the
First Party’s Internship Program or On-the-Job Training Program (hereinafter referred to as the
“OJT”) and complement existing courses of the First Party to match training demands;

NOW THEREFORE, for and consideration of the foregoing premises, the parties hereby bind
themselves to undertake this Agreement, under the following terms and conditions:

SECTION I. ROLES AND RESPONSIBILITIES OF THE FIRST PARTY:

1. Designate an OJT Coordinator who will supervise the OJT, coordinate with the Second
Party regarding the various activities and objectives under the attached Training Plan
marked as Annex A, and facilitate the implementation of all phases of the Training Plan;
 2. Pre-select and recommend qualified students who will undergo the OJT, taking into
consideration the requirements of the Second Party in terms of qualification and number
of student-trainees needed. It is understood that only students taking courses wherein
internship or on-the-job training is an academic requirement can be recommended.
Eligibility for the program is governed by existing laws, rules, and regulations
promulgated by relevant government agencies such as the Commission on Higher
Education.

3. Ensure that students in the Program (i) are at least eighteen (18) years of age from the
start of the internship period, (ii) with proven medical and/or mental fitness through
submitting themselves to physical and/or psychological examination, and (iii) have the
consent of their parents or legal guardians in writing;

4. Require the student-trainees who will participate in the blended mode of internship the
necessary documents such as but not limited to the electronic copies of the following: (i)
Parent’s/Guardian’s Consent Form for Internship Training, (ii) Student’s Consent Form
for Blended Mode of Internship Training, (iii) Student - Trainees’ Personal History
Statement or Resume, (iv) Performance Appraisal Report Form, (v) Signed Training and
Internship Agreement, and (vi) copy of vaccination card indicating that the holder thereof
is fully vaccinated, (vii) copy of Medical Certificate indicating that the student is
physically fit and has no major comorbidities, which shall serve as the basis of Second
Party to screen, select and deploy specific student-trainees for the Program;

5. Conduct an orientation prior to the deployment of the student-trainees. The orientation

shall cover, but not limited to, the following topics: the following topics: On-the-Job
Training; Safe Spaces Act or R.A. No. 11313; Job Placements; Student Discipline; and
Laws against sexual harassment;

6. Monitor the attendance, activities, and performance of student-trainees during the OJT
through their respective OJT Coordinator to ensure that the student-trainees act in
accordance with the Second Party’s policies and finish their assigned tasks pursuant to
the Training Plan;

7. Monitor compatibility of the work assignments with the course requirements to ensure
that the student-trainees attain the objectives of their course program by conducting
regular interaction with the student-trainees through any available communication
platforms and by conducting visits to the student-trainees in the Second Party’s
premises;

8. Defend and hold the Second Party free and harmless from any claim or suit arising out
of this Agreement due to the fault and negligence of the student-trainees;

SECTION II. ROLES AND RESPONSIBILITIES OF THE SECOND PARTY

1. Remotely or physically screen, select, and deploy student trainees from the First Party’s
recommended eligible students in accordance with its policies and guidelines to the
different offices and operating units of the Second Party.

2. Designate from among its employees a Training Supervisor who will be assigned with
the following responsibilities:

a. Serve as mentor to the student-trainees;

b. Give the student-trainees course-related work assignments remotely and

expose them to the learning experience on actual operations and management,
 consistent with its policies, rules and regulations and in line with the
established Training Plan;

c. Expose the student-trainees to real working experience, thus enabling them to

analyze and apply scientific as well as empirical approaches to the solution of
technical problems;

d. Arrange a virtual or actual conference with the OJT Coordinator should a

student-trainee problem arise or for purposes of discussing the performance of
the student-trainees; and

e. Coordinate with the First Party regarding the terms and objectives of the OJT
and of this Agreement.

3. Deploy the student-trainees to the different operating units of the Second Party on a
remote and limited face-to-face basis for a fixed period, which will depend upon the
course taken by the student-trainees and as agreed upon on a case-to-case basis by the
Parties;

4. Adhere to all Philippine laws, rules and regulations pertaining to the internship or on-the-
job training program or learners’ programs, as well as health and safety laws applicable
to entities similarly situated;

5. Provide safe training sites for student-trainees and ensure that they are not subjected to
any form of harassment, unethical practices, or tasks and work assignments that are
unreasonably risky, dangerous, or unrelated to the purposes of the Training Plan;

6. Orient the student-trainees about the standard rules and regulations of the Second Party
and the specifics of the work to be assigned;

7. Comply with and strictly follow the Training Plan specifying goals, knowledge, skills,
attitudes and competencies that the student-trainee should acquire in each learning area,
assignments, and schedule of activities;

8. Reimburse any reasonable out-of-pocket expenses that may be incurred by the student-
trainees for off-company assignments, subject to reimbursement and liquidation policies
of the Second Party;

9. Accomplish the necessary evaluation forms required by the First Party, facilitate the
processing of the documents of the student-trainee in coordination with the First Party,
and enter into internship contracts or agreements with the student-trainees;

10. Issue a certificate of completion to student-trainees who successfully finish the OJT; and

11. Adopt and enforce rules that will govern the conduct of the OJT, which shall be made
known to the First Party and student-trainees before the start of the training.

SECTION III. MISCELLANEOUS PROVISIONS

1. It is expressly understood that there will be no agency, partnership, joint venture, or

employer-employee relationship between the Second Party and the student-trainees of
the First Party, or between the Second Party and the First Party. The student-trainees
are not entitled to the same compensation or benefits accorded to an employee;
2. The student-trainees will be responsible for any and all liabilities for damage to property
or injury to persons, which may be occasioned by the intentional or negligent acts of the
student-trainees in the course of the OJT;

3. The student-trainees and the First Party shall abide by Second Party’s rules and
regulations and comply with those imposed for the Program. Should the First Party and
student-trainees fail to abide by such rules and regulations, such may be a ground for the
termination of this Agreement;

4. Under the Parent’s/Guardian’s Consent Form, the students and the parents concerned
shall be made answerable for any liabilities for damages for property or injury to third
person arising from the fault or negligence of the student-trainees in the performance of
their duties and functions while undergoing the OJT. The Parent’s/Guardian’s Consent
Form of the student-trainees and their respective parents (as may be necessary) shall be
submitted to the Second Party prior to the commencement of the training;

5. After evaluation of the written notice from the Second Party regarding the misbehavior of
the student-trainees, the First Party may pull out any student-trainees who are found to
misbehave and/or act in defiance of existing standards, rules and regulations of the
Second Party, or on other reasonable grounds, from the Second Party’s Internship and
Training Program after a fifteen - day prior written notice to the Second Party.

6. Both parties shall exert all efforts necessary to achieve the objectives of this joint
undertaking. For this purpose, the parties agree to execute and deliver such instruments
and documents as the other party may reasonably request in order to fully carry out the
intent and accomplish the purpose of this Agreement and the transaction covered by it;

7. Neither of the parties shall be liable in any way for the failure to observe or perform any
provision of this Agreement if such failure shall be caused by any law, rule or regulation
of any constituted public authority or shall be due to any force majeure event or any
cause beyond the control of the party in default;

8. The agreement shall be governed by and construed in accordance with the laws of the
Philippines;

9. In case one or more of the provisions contained herein shall, for any reason, be held to
be invalid, illegal, or unenforceable in any respect, such invalidity, illegality shall not
affect any other provisions of this agreement. In such event, the parties shall consult
each other as to the manner by which their original intention can be fulfilled as closely
as possible and they will amend this agreement accordingly;

10. Both parties acknowledge that confidential information may be acquired during the
existence of this Agreement. Thus, neither party shall, without the written consent of the
other, disclose any nor all parts of the confidential information acquired by the parties to
any person, including any third party or employee of the parties, unless such persons are
required to have knowledge to such confidential information for the parties to achieve
their mutual purposes in accordance with the Data Privacy Act of 2012.

11. The parties shall attempt amicably to resolve any and all controversies, disputes or
claims arising out of or relating to this Agreement or a breach thereof. Any such
controversies, disputes or claims, which have not been resolved within ninety (90) days
after written notice from one party to the other party that such controversy, dispute or
claim exists, shall be finally settled by alternative dispute resolution in accordance with
the Rules on the Alternative Dispute Resolution (ADR).
 12. Any intellectual property owned by the parties prior to this Agreement shall continue to
be owned by them. Any use or attempt to use the same requires express written approval
from the parties.

13. Upon completion of the OJT, the Second Party is not obliged to hire the student-
trainees. However, the Second Party, upon consultation with the First Party, has the
option to invite qualified students to submit themselves to examinations, interviews, and
file pertinent documents in support of their application.

SECTION IV. DURATION

This Agreement shall take effect immediately upon the signing hereof and shall be valid
for three (3) years, provided, however, that any provision of this agreement may be amended by
written consent of both parties herein, and provided further that either party reserves the right to
terminate this Agreement upon written notice to the other party at least thirty (30) days prior to
the effectivity of such termination. Provided, that the period shall be fifteen (15) days in the
event of breach of this Agreement, and the breach is not cured or remedied during this period.

IN WITNESS WHEREOF, the parties thereto, affix their signature this

day of 20 at , Philippines.

BATANGAS STATE UNIVERSITY (COMPANY NAME)

By: By:

DR. EXPEDITO V. ACORDA (NAME OF COMPANY REP.)

Chancellor (Position/Designation)

SIGNED IN THE PRESENCE OF

Ms. RYSHEER P. QUIATCHON

Head, On-the-Job Training
 ACKNOWLEDGEMENT

BEFORE ME, a Notary Public, this personally appeared the following persons with their
Competent Proof of Identity, to wit:

Name Competent Proof of Identity ID Number

Known to me and to me known to be the same persons who executed this Agreement and they
acknowledged to me that the same is their free and voluntarily act deed and that of the
corporation or principal they respectively present.

WITNESS MY HAND AND SEAL, on the date and in the place written above.

Doc. No. ;
Page No. ;
Book No. ;
Series of .