COMMENTS ON THE MOA

No. 10 – It is recommended that it be specified that the medical bills for

which the FIRST PARTY shall be liable shall be limited to those bills arising
from the mutually agreed package.
Suggested Amendment – No. 10 should be read as follows:
10. The FIRST PARTY shall be solely liable for the payment of the
medical bills of the clients arising from the package mutually agreed
upon by the above-named parties, subject to deductions as may be
applicable pursuant to No. 7 of this MOA.
No. 11 – No grounds for termination of the MOA were specified.
It seems that either party may terminate the MOA absence of any
circumstances that would warrant its termination (e.g., breach of any
provision thereof, substantial changes of circumstances that would cause the
implementation of the MOA unnecessary, etc.).
Suggested Amendment – No. 11 of the MOA there should be a second
paragraph which should be read as follows:
11. This Agreement may likewise be terminated by either party upon
breach of the other party of any material provisions herein by giving
notice to the erring party at least 30 days before the effectivity of the
termination.
No. 19 – Lack of exclusivity clause.
If both parties wish to limit the venue of any litigations arising out from this
MOA in the appropriate Courts of Cavite City, Cavite – it is recommended
that an exclusivity clause be added to No. 19.
Suggested Amendment – 2nd par of No. 19 of the MOA should be read as
follows:
In case of any litigation arising out from this Agreement, the venue
shall be in the appropriate Courts of Cavite City to the exclusion of all
other courts.
Note: The significance of the clause “to the exclusion of all other
courts” is that it limits the venue for whatever actions that may arise
from the MOA to the appropriate courts of Cavite City. Without such
clause, No. 19 of this MOA only specifies Cavite City Courts as one of
the possible courts before which any actions arising from the MOA may
be filed. Hence, without such clause, an action arising from the MOA
may be filed in courts of different municipalities/cities subject to the
Rules on Venue provided under the Amended Rules on Civil Procedure.