MEMORANDUM OF AGREEMENT

This Agreement made and entered into by and between:

HIGH GEAR ACADEMY PHILIPPINES INC. existing under the laws of the Republic of the
Philippines, with office address at Lot 64-B, Pomelo Drive, Davao Bukidnon road, Brgy. Tugbok
(pob.), Davao City, represented herein by its Administrator, ROGELIO C. PECONCILLO, and
hereinafter referred as the “ACADEMIC INSTITUTION”;
-and-

RICO’S LAB, a computer shop existing under the laws of the Republic of the Philippines, with
address at Magsaysay St., Calinan, Davao City, represented herein by its Manager, MICHAEL
LAWAS and hereinafter referred to as the “INDUSTRY PARTNER”;

WITHESSETH, that

WHEREAS, the ACADEMIC INSTITUTION is offering program in COMPUTER SYSTEMS

SERVICING NC II and has instituted an Internship Program wherein qualified students will undergo
internship prior to graduation in order to be adequately familiar with actual office and industrial
operations and management to augment their formal training.

WHEREAS, the ACADEMIC INSTITUTION proposes that its students be allowed to undergo
internship at the INDUSTRY PARTNER’S facilities and offices, which proposal was
accepted/approved by the latter, subject to terms and conditions provided for in this agreement (the
Internship Program).

WHEREAS, the INDUSTRY PARTNER agreed to accept students of the ACADEMIC INSTITUTION
as interns at its various facilities in support of the ACADEMIC INSTITUTION’s Internship Program
and complement existing Computer Studies and Engineering curricula to match industry demands.

NOW, THEREFORE, for and in consideration of the foregoing premises, the ACADEMIC
INSTITUTION and the INDUSTRY PARTNER agree and stipulate the following:

A. The ACADEMIC INSTITUTION shall:

1. Designate a Program Director who will supervise the Internship Program and coordinate
with the INDUSTRY PARTNER various activities under the Internship program;

2. Pre-select and recommend qualified students who will undergo the internship taking into
consideration the requirement of the INDUSTRY PARTNER in terms of qualification and
number of interns needed, it being understood that only students taking courses wherein
internship is an academic requirement can be recommended;

3. Submit to the INDUSTRY PARTNER, the resume and all other documents required
under the internship Program, which shall serve as the basis of the INDUSTRY
PARTNER to screen, select and deploy specific students for the internship program;
 4. Orient students about rules, proper decorum, behavior and work ethics inside the
INDUSTRY PARTNERS’s premises;

5. Monitor attendance, activities and performance of students during the internship

program;

6. Monitor compatibility of job circumstances with the course requirement for the students
attainment of advanced standing in the program through regular interaction with the
student-interns and regular visit to the internship site;

7. Together with the student and parents concerned , renounce and waive any claim
against the INDUSTRY PARTNER for injury that the students may sustain or loss that
they may suffer, in any form, whether personal or pecuniary arising from the fault or
negligence of the student in the performance of their duties and functions while
undergoing the immersion program. The waiver of the students-intern and their
respective parents (as may be necessary) shall be submitted to the INDUSTRY
PARTNER prior to commencement of the internship program. The ACADEMIC
INSTITUTION agrees and understands that the INDUSTRY PARTNER may refuse to
accept a student-intern without duly executed waiver

8. Hold the INDUSTRY PARTNER free and harmless from any claims or suits and shall
forever defend the INDUSTRY PARTNER from any such claim or suit whatsoever in
connection with this agreement.

B. The INDUSTRY PARTNER shall:

1. Screen, select and deploy student- interns to different offices and operating units of the
INDUSTRY PARTNER;

2. Designate from among its employees an Industry Supervisor who will be assigned the
following responsibilities:

a. Serve as mentor to the students- interns;

b. Give the student- interns course-related work assignments and expose them to
learning experience on actual operations and management;

c. Expose the students- interns to real situation/problems and bottlenecks, thus

enabling them to analyze and apply scientific as well as empirical approach to the
solution of technical problems; and

d. Arrange a conference with the program director should a student- intern problem
arises

3. Deploy the students- interns to the different operating units of the INDUSTRY PARTNER
for the fixed period which will depend upon the course taken by the student- intern and
as agreed upon on a case to case basis by the INDUSTRY PARTNER and the
ACADEMIC INSTITUTION. Notwithstanding the foregoing, the ACADEMIC
INSTITUTION agrees and understand that the subject to prior notice to the ACADEMIC
INSTITUTION, the INDUSTRY PARTNER shall have the right to transfer or re-assign the
 student- intern to a unit other than where the students- intern had originally been
assigned, as the INDUSTRY PARTNER deems necessary;

4. Adhere to all Philippine laws, rules and regulations pertaining to internship or learners
programs, as well as health and safety laws applicable to entities similarly situated.

5. Provide safety instruction throughout the Internship Period:

6. Accomplish the necessary forms required by the ACADEMIC INSTITUTION in connection

with the internship of the student- interns:

7. Issue certificate of completion to student- intern who successfully finish their training under
the Internship Program:

8. Adopt and enforce rules that will govern the conduct of the Immersion Program. Said rules
shall be made known to the ACADEMIC INSTITUTION and student- interns before the start
of the training.

C. Under this Agreement, the following terms and condition are likewise included:

1. It is expressly understood that there shall be no employer- employee relationship between

the INDUSTRY PARTNER and student- interns of the ACADEMIC INSTITUTION.

2. The student- interns and/or their respective guardians will be personally responsible for any
and all liabilities for damage to property or injury persons, which may be occasioned by the
intentional or negligent acts of the student- interns in the course of the Internship Program.

3. The student- interns and the ACADEMIC INSTITUTION shall abide by the INDUSTRY
PARTNER’S rules and regulations and comply with those imposed for the Internship
Program: otherwise they shall be excluded from further participation.

4. The ACADEMIC INSTITUTION may pull out any student from the INDUSTRY PARTNER’S
premises on reasonable grounds after a written notice is sent by the INDUSTRY PARTNER
requesting such a pull out.

5. That both parties shall exert all efforts necessary to achieve the objectives of this joint
undertaking. For this purpose, parties shall execute and deliver such instruments and
documents may be reasonably requested by the other party order to fully carry out the intent
and accomplish the purpose of this Agreement and the transaction covered herby.

6. That 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.

D. Duration

This agreement shall be for a period of FIVE (5) YEARS starting June 24, 2022 to June 24,
2027. Unless otherwise advised in writing by either party, this Agreement shall automatically be
 renewable for the same period under the same terms and conditions. Notwithstanding the
foregoing, the INDUSTRY PARTNER or the ACADEMIC INSTITUTION reserves the right to
terminate this Agreement, subject to a fifteen (15) day prior written notice to the other party.

E. Miscellaneous

This Agreement shall be governed by and construed in accordance with the laws of the
Philippines.

A party shall not assign of its right and obligations under this Agreement, except that the
INDUSTRY PARTNER reserves the right to assign the student- intern to any of its subsidiaries
and affiliates if such assignment is deemed by the INDUSTRY PARTNER as necessary or for
the best interest of the student-intern.

In case any 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 or unenforceability 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.

IN WITNESS WHEREOF, the parties hereof have signed this Agreement on this ____ day of

______________, 2022 in Davao City, Philippines.

Southeastern Mindanao Institute KEEL TECH PC REPAIR & SERVICES

Of Technology (SMIT), Inc.
By: By:

_________________ _____________________
ROGELIO C. PECONCILLO MICHAEL LAWAS
ADMINISTRATOR Manager