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SERVICE FEE AGREEMENT

AND MASTER FEE PROTECTION AGREEMENT

KNOW ALL MEN BY THESE PRESENTS:

This Service Fee Agreement (SFA) and Master Fee Protection Agreement (MFPA) entered into
this ___ day of June 2020, by the following PARTIES:

FENGCHUI ENGINEERING & CONSTRUCTION, a company duly registered under


Philippines laws with office address at Molave St., Poblacion 1, CSJDM, Bulacan,
represented hereto by its General Manager, CARLO AMBROSIO M. SALVA, and
herein referred to as “CONTRACTOR”

AND

NEXTGENCONS INC., a company duly registered under Philippines laws with office
address at 2Flr P.G. Bldg., #63 West Ave., San Francisco Del Monte, Paltok, Quezon
City, represented hereto by its President, MS. MYRA J. DALAY, and herein referred
to as “TRUCKER’S AGENT”

AND

MS. ANGELYN A. GOIS, of legal age, a resident of #23 Cadena De Amor St.,
Balangkas, Valenzuela City and MS. LORELIE G. SALVA, of legal age, a resident of #23
Bayani St., Serrano Subd., Marulas, Valenzuela City, herein jointly referred to as
“CONTRACTOR’S AGENT”.

TRUCKER’S AGENT AND CONTRACTOR’S AGENT herein collectively referred to as


“FACILITATORS”
WITNESSETH

Art. 1. COVERAGE - This SFA- MFPA covers the parties’ agreement on the SERVICE FEE of
Twenty Pesos (PHP 20.00) Per Cubic Meter , the DIVISION OF THE SERVICE FEE
and the PAYMENT OF SERVICE FEE for services rendered by the
CONTRACTOR’S AGENT and TRUCKER’S AGENT to the CONTRACTOR by way of
jointly facilitating the consolidation of dump trucks for the latter’s HAULING
PROJECT with Contract No. GMHC-11191002 (HAULING CONTRACT) agreed
and signed, by both the CONTRACTOR and the TRUCKER, on December 2019,
described in ATTACHMENT “A” and made an integral part of this SFA- MFPA.

Art. 2. CONTRACTOR; WARRANTY AND REPRESENTATION- The CONTRACTOR warrants that it


can validly enter into this SFA- MFPA with the FACILITATORS herein and
represents being in possession and control of a Delivery Contract with a Sub-
Contractor for the government’s SUBWAY PROJECT.

Art. 3. TRUCKER’S AGENT; WARRANTY - .The TRUCKER’S AGENT warrants that has
connections with dump truck owners and can provide consolidated dump
trucks to support the requirement of the CONTRACTOR

Art. 4. SERVICE FEE – The FACILITATORS shall receive a Service Fee of Php 20.00 for every Cubic
Meter of Quarry Material as compensation for their service of finding dump
trucks for the CONTRACTOR’S hauling project.

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4.1. HAULING ROUTE - From Alcala or Sta. Maria, Pangasinan to Karuhatan,
Valenzuela City.

4.2. NO DELIVERY NO SERVICE FEE- Failure of the dump trucks to deliver the quarry
materials to the designated dumpsite shall be deemed NO DELIVERY. In such
case NO SERVICE FEE shall be entitled to the FACILITATORS.

Art. 5. CONTRACTOR’S OBLIGATION - The CONTRACTOR shall be duty bound to:

5.1. Pay the SERVICE FEE to the above FACILITATIORS without the necessity of
demand.

5.2. Release the full amount of SERVICE FEE to the delegated PAY MASTER of the
FACILITATORS.

Art. 6. AGENT’S RIGHTS - The AGENTS, individually or collectively, shall be entitled to:

6.1. Payment of SERVICE FEE equivalent to the actual volume in cubic meters of
quarry materials delivered by the dump trucks to the designated dumpsite
multiplied by Php 20.00 per cubic meter.

6.2. SERVICE FEE shall not be subjected to any kind of tax deductions that is related
to income. Each of the FACILITATORS shall be responsible for their respective
tax payments before the Philippine government.

6.3. SERVICE FEE shall not be part of payment for any such taxes, such as VAT or
other BIR charges, related expenses and costs.

Art. 7. DIVISION OF SERVICE FEE - The FACILITATORS shall divide their SERVICE FEE in the
following manner:

7.1. TRUCKER’S AGENT shall receive 50% of the PHP 20.00

7.2. CONTRACTOR’S AGENT shall receive 50% of the PHP 20.00

Art. 8. DISTRIBUTION OF SERVICE FEE, MANNER OF- The NO TOUCH POLICY shall prevail on the
distribution of SERVICE FEE. The step by step distribution of SERVICE FEE shall be
as follows:

8.1. CONTRACTOR shall deposit to designated PAY MASTER’S account or transfer


electronically or manually to the same account of the PAY MASTER the full
amount of SERVICE FEE due for the FACILITATORS;

8.2. PAY MASTER upon receipt of the SERVICE FEE from the CONTRACTOR shall
electronically transfer, manually transfer, or issue dated check to the individual
AGENT herein listed, the amount equivalent to his respective share of the
SERVICE FEE as indicated in Art. 10.

8.3. PAY MASTER shall be _____________________________________


Name of Bank: ________________________________
Branch: ___________________________
Account Name: _____________________________________
Account Number: ___________________________

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Account Type: ___________________________________

8.4. After all of the individual FACILITATORS indicated in this Agreement have
received their fair share of the SERVICE FEE, the duties, responsibilities and
respective obligations of the PAY MASTER and the CONTRACTOR to this
Agreement is deemed completed and perfected.

8.5. Each PARTY shall conduct themselves at all times in accordance with the highest
standards of professional conduct and responsibility and each hereby
indemnifies and saves harmless the other from each and every and all losses,
claims, demands, obligations, liabilities, indebtedness and causes of action of
every kind, type, nature or description whatsoever, whether known or
unknown, as if expressly set forth and described herein, which either party may
incur, suffer, become liable for, or which may be asserted or claimed against the
other party as a result of the acts, errors or omissions of the other PARTIES.

Art. 9. ROLLOVERS AND EXTENSIONS- This SFA-MFPA covers the initial contract hereto
attached as ATTACHMENT “A” and shall include any renewals, extensions,
rollovers, additions or any new or transfer contract any how originated from
this transaction because of the above FACILITATORS for a period of 3 years only.

Art. 10. CONFIDENTIALITY AND NON-CIRCUMVENTION - This SFA- MFPA and the terms and
conditions herein set forth are confidential in nature and the disclosure thereof
to any third person shall amount to a breach hereof.

Art. 11. BINDING EFFECT - This SFA- MFPA shall bind the parties, their assigns and successors in
interest.

Art. 12. BANK DETAILS

AMOUNT OF
NAME GROUP BANK DETAILS
SHARE
50% of
TRUCKER’S AGENT
Php20.00
1. NEXTGENCONS INC. Bank:
Represented by: Acct. Name: Php 10.00/
-DO-
MYRA J. DALAY R.M.P. Acct. #: cbm
Acct. Type:
CONTRACTOR’S 50% of
AGENT Php20.00
1. ANGELINE A. GOIS Bank:
Acct. Name: Php 5.00/
-DO-
Acct. #: cbm
Acct. Type:
2. LORELIE G. SALVA Bank:
Acct. Name: Php 5.00/
-DO-
Acct. #: cbm
Acct. Type:

IN WITNESS WHEREOF, the parties have affixed their signatures on the date and at the place
above-mentioned.

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TRUCKER’S AGENT: CONTRACTOR’S AGENT

_____________________________ __________________________
MYRA J. DALAY R.M.P. ANGELYN A. GOIS
NEXTGENCONS INC.
___________________________
LORELIE G. SALVA

CONTRACTOR:

ENGR. CARLO AMBROSIO M. SALVA


FENGCHUI ENG’G & CONSTRUCTION

SIGNED IN THE PRESENCE OF:

____________________________ _______________________
PAUL A. ULANDAY

ACKNOWLEDGMENT

BEFORE ME, a Notary Public for and in ________________, this ___ day of _____________ 2020
personally appeared:

NAME ID DATE ISSUED PLACE OF ISSUE


CARLO AMBROSIO M. SALVA C07- 04- 250180 02/25/ 2019 LTO-STA. MARIA, BUL
MYRA J. DALAY PRC 0005088 09/17/ 2007 PRC- MANILA
LORELIE G. SALVA SCID-83663 02/26/ 2019 OSCA- VALENZUELA
ANGELYN A. GOIS TIN 122-356- 438 08/13/ 2019 BIR
PAUL A. ULANDAY SSS 343713617-5 12/ 2015 SSS- LEGARDA

Known to me and to me known to be the same persons who executed the foregoing instrument and they
acknowledged that the same is their free and voluntary act and deed.

NOTARY PUBLIC

Doc. No. ____;


Page No. ____;
Book No. ____;
Series of 2020

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