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S.

P MADRID &
ASSOCIATES LAW FIRM
HUMAN RESOURCE SERVICES VERSION3
10/292018

CONFIDENTIALITY AND RESTRICTION PERIOD AGREEMENT


a.) The Employee hereby acknowledges that certain valuable and confidential
information (both technical and non-technical) vital to the success of the business
of the COMPANY and its customers may be made available to the Employee, or
he/she already may have become acquainted, obtained or had access to such
information by virtue of his training with the COMPANY.

b.) The Employee hereby agrees that he shall not disclose, divulge or use at any time
either during or after termination of his employment except as required in the
performance his duties, any secret confidential information owned or held or
obtained by the COMPANY or any information disclosed to obtained by the
Company from any of its customers, whether or not developed by the Employee,
unless the Employee shall first obtain written consent of the Owner or unless until
such information shall have become public knowledge by any means other than
disclosure by the Employee. Confidential information shall include know-how,
designs, costing, process, substances, devices, machines inventions, research or
development, projects, plans for the future development, marketing plans,
strategies, materials of a business nature, and any other information or detain any
form which is not available to the public.

c.) The Employee shall not publish or cause to be published any article or material
relating to the present or contemplated business or activities of the COMPANY
without prior written consent of the Owner of the COMPANY.

d.) The Employee shall not seek to induce the COMPANY, or any of its officers,
Trainees, representatives or agents to use or divulge any confidential item
information or material belonging to others.

e.) The Employee shall not engage in rumor mongering or spreading false information
about the Company, its product or company affairs nor create intrigues.

f.) The Employee shall, upon notice of termination of employment, whether voluntarily
of a cause, promptly deliver to the COMPANY any and all drawings, blueprints,
manuals, letters, contracts, agreements, notes, notebooks, records, reports,
memoranda, designs, machines, and all other materials and information relating to
the COMPANY’S business, including all copies thereof which are in the possession
or under the control of the Employee.

g.) Upon such termination, it is hereby agreed that the Employee shall not accept
employment in any competitive company engaged in a same line of business as
the EMPLOYER for a restricted period of One (1) year counted from the date of
termination.

h.) In case of violation, it is hereby agreed that there shall be a liquidated damage in
favor of the EMPLOYER to be shouldered by the Employee in the amount of
ONEHUNDRED THOUSAND PESOS (PHP 100,000.00).

OTHERS

The existing Company policies, practices, rules, regulations and code of conduct
and discipline of which the Second Party is duly informed and oriented into the
policies that Company may issue from time to time shall govern this agreement
further. The Second Party hereby acknowledge receipt of copy of the Policy
Manual containing the code of Employee’s conduct discipline and agree to comply
Confidentiality and Restriction Period Agreement Page 1 of 2
S.P MADRID &
ASSOCIATES LAW FIRM
HUMAN RESOURCE SERVICES VERSION3

the Company’s policies, rules and regulations and received a


copy of the Personnel Policy Manual.

BREACH OF AGREEMENT

a.) Any breach on this agreement will be subject to termination of employment and
appropriate legal action. The Employee shall be liable to the Company for any and
all damages it may suffer, whether directly or indirectly, caused by any breach of
this Agreement. It is further understood and agreed that money damages would
not be sufficient remedy for any breach of this agreement by the Employee; hence
the COMPANY shall be entitled to other equitable reliefs, including injunction and
specific performance, as a remedy for any such breach. Such remedies shall not
be deemed to be the exclusive remedies for a breach of this agreement but shall
be in addition to all other remedies available at law or equity to the COMPANY.

b.) In the event of litigation relating to this agreement, if a court of competent


jurisdiction determines a final, on-appealable order that a party has breached this
letter agreement, then such party shall be liable for all reasonable legal fees such
non-breaching party has incurred in connection with such litigation, including any
appeal there from.

c.) Venue is hereby stipulated to be fixed exclusively in Makati City Philippines and
Attorney’s fee of 25% of the amount.

IN WITNESS WHEREOF, the herein parties have hereunto set their hands as
indicated below.

Makati City, Metro Manila

Date: March 1, 2023

S.P. Madrid & Associates

ATTY. SIMEON P. MADRID ANGEL ROSE DELLAMAS


Managing Lawyer Employee

By:

SARAH JANE G. HERNANDEZ


HR Manager

MA. THERESA B. SOLOMON


Executive Manager

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