GENERAL CONSTRUCTION AGREEMENT KNOW ALL MEN BY THESE PRESENTS:
This Agreement Agreement made and entered into on this _____________________ _____________________ by and between:
SM DEVELOPMENT CORPORATION, a corporation duly organized and existing under and by virtue of Philippine laws with offices at 15 th loor! Two "#$om $enter! %&'& (io)no *oulevard corner +arbor (rive! ,all of Asia $omplex! Pasay $it y! ,etro ,anila and duly represented herein by its -"./0 2/$" P"-/(".T! LEE MENG KONG! 2P#P0%"$T (/"$T0! GRACE M. STA. ANA, ! and 2/$"#P"-/(".T! JOEL T. ONG hereinafter referred to as OWNER 3
# and # ________________________ _____________________________________ __________________________ ____________________. _______. ! a corp corpo orati ration on duly organized and existing under and by virtue of Philippine laws! with principal offices at the ________ ____________ ________ ________ _________ _________ ________ ________ _________ _________ ________ ________! ____! represente represented d herein by its President! __________________________ , with the same above address duly duly auth author oriz ized ed for for the the purp purpos osee as per per *oar *oard d of (ire (irect ctor ors4 s4 eso esolu luti tion on date dated d ______________ ______________ copy of which is attached and made an integral part hereof as Annex A and hereinafter referred to as the CONTRACTOR”&
6"ach a Party!7 Party!7 and together! Parties7 in this Agreement8
'/T."--"T+! '/T."--"T +! T+AT: T+AT:
WHEREAS, the OWNER desires desires to engage the services of the CONTRACTOR to to underta)e the _____________ cated at _____________ WORKS 6'or)78 of _____________ RESIDENCES locat __________________________ _______________________________________ ______________ _ $ity hereinafter referred to as the the PROJECT7&
th the has proposed to underta)e the WHEREAS, CONTRACTOR of the PROJECT in accordance with the Plans! -pecifications and __________________________ _____________________________ ___ of other $ontract (ocuments prepared by the Architect and $onsultants 6A$+/T"$T8 , and has warranted that it is duly licensed! competent and 9ualified both technically and financially to underta)e and to ensure the proper execution and completion of the 'or)3
WHEREAS, relying relying on the above# above#men mentio tioned ned repres represent entati ation on and warran warrantie tiess made made by the the GENERAL CONTRACTOR, the OWNER has has accepted the offer of the GENERAL CONTRACTOR to underta)e the 'or)& NOW THEREFORE, for and in consideration of the above premises! and the mutual covenants and stipulations hereinafter set forth! the parties hereto mutually agree! stipulate and covenant as follows:
ARTICLE 1 – SCOPE OF WORKS
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CONTRACTOR shall The GENERAL CONTRACTOR shall construct the PROJECT 6described in the first '+""A-7 clause8 based on the wor) items covered by the $ontract (ocuments&
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The GENERAL CONTRACTOR shal shalll prov provid ide! e! furn furnis ish! h! supp supply ly!! inst instal all! l! perf perform orm all all labo labor! r! materials! tools! plant! e9uipment and other services necessary to successfully execute and complete the 'or)&
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The GENERAL CONTRACTOR shall perform other wor)s such as but not limited to: 1&;&1
-ecure -ecure and pay for for all all necessary necessary permits! permits! licen licenses! ses! cleara clearances nces and certificat certificates es re9uired for the 'or)s and 'or)s and assists in the payment of fees using funds provided by the OWNER &
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,aintain ,aintain the the safety safety!! cleanli cleanliness ness and sanit sanitation ation of the the pro
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Perform Perform all testi testings ngs as called called for in in the Plans! Plans! -pecif -pecificati ications ons and and $ontract $ontract (ocume (ocuments& nts&
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,aintain competent and licensed =eodetic "ngineers with the latest surveying e9uipment to establish reference elevations! gridlines and property line and perform other surveying services as maybe re9uired by the OWNER.
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$onstruct $onstruction ion of weather weather#tig #tight ht field field offices offices complete complete with with office office furnit furniture ure and e9uipm e9uipment& ent&
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Provide Provide suffici sufficient ent site site security security on a ?#hour ?#hour basis basis during during the entire entire duratio duration n of the pro
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The GENERAL CONTRACTOR shall shall be responsible for the on#time provision of all items referred to in the Plans! -pecifications and $ontract (ocuments including the timely ordering and delivery of all mate materi rial alss and and to ensu ensure re that that perf perfor orma manc ncee of the the PROJ accordanc ancee with with the $ontra $ontract ct PROJEC ECT T is in accord (ocuments&
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The PROJECT shall be under the
ARTICLE " # CONTRACT DOCUMENTS
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The The $ontra $ontract ct (ocume (ocuments nts which which are hereto hereto incorp incorpora orated ted and made an integra integrall part hereof! hereof! and which are duly signed by the OWNER and and the GENERAL CONTRACTOR shall consist of but not limited to the following:
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$onstr $onstruct uction ion plan planss prepar prepared ed by ____ _______ ______ ______ ____ _ and and its cons consul ultan tants ts list listed ed in Annex Annex *& *&
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Techn Technica icall specif specifica icatio tions ns prepa prepared red by ____ _______ ______ ____ _ and its its consul consultan tants ts attac attached hed as as Anne Annex x $&
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0rigin 0riginal al propos proposal al of _____ ________ ______ ______ ______ ______ ______ ____ _ dated dated ______ _________ ______ _____ __ attac attached hed as Annex Annex (&
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evise evised d propos proposal al of _____ ________ ______ ______ ______ ______ ______ ____ _ dated dated ______ _________ ______ ______ _____ __ attach attached ed as Anne Annex x "&
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@etter @etter of Award dated dated ______ _________ ______ ______ ______ ___ attach attached ed as Annex Annex &
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.oti .otice ce#t #to# o#Pro Proce ceed ed date dated d _____ _______ ____ ____ ____ ____ ___ _ attac attache hed d as Ann Annex ex =& &
All other other subse9u subse9uent ent agreemen agreements ts and documen documents ts which which hereafter hereafter may be be mutually mutually agreed agreed upon between the OWNER and the the GENERAL CONTRACTOR and duly signed by the parties whether prepared before or after signing of the foregoing documents shall li)ewise form part of the $ontract (ocuments&
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The GENERAL CONTRACTOR shal shalll ma)e ma)e no chan change ge or alte altera rati tion on in the the plan planss and and specifications without prior written approval of the OWNER & A mere act of tolerance tolerance shall not constitute approval&
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/t is mutually mutually underst understood ood that that the $ontract $ontract (ocumen (ocuments ts shall shall be complementa complementary ry with each each other other and what is called for or prescribed by one shall be considered as if called for or prescribed by all& /n case case of any discr discrepa epancy ncy betwee between n or of any defect defective ive descr descript iption ion!! errors errors!! omissi omissions ons or ambiguity ambiguity in any of the $ontract $ontract (ocuments! (ocuments! the GENERAL CONTRACTOR shall! within fifteen 6158 days from discovery of such discrepancy! defects! errors! omissions or ambiguity! whether or not re9uiring any ad
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binding upon the GENERAL CONTRACTOR and the latter shall accordingly proceed with the wor) strictly in accordance with such determination without pre
The OWNER shall have the right to furnish the GENERAL CONTRACTOR during the progress of the PROJECT additional drawings! instructions and documents as it may deem necessary for the proper and ade9uate execution of the PROJECT& All such documents! instructions and drawings furnished and all written corrective determination made pursuant to the foregoing paragraphs! shall form integral parts of the $ontract (ocuments under this AGREEMENT&
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Any and all deficiencies in the provision or otherwise connected with or related to the PROJECT but expressly covered by the provisions of this AGREEMENT shall be supplied by the $ontract (ocuments&
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The ownership of the $ontract (ocuments shall remain with the OWNER.
ARTICLE – CONSTRUCTION PROJECT MANAGER
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The OWNER has engaged the services of _________________ to act as its CONSTRUCTION PROJECT MANAGER and is the authorized representative of the OWNER andor the ARCHITECT at the
ARTICLE ! – MANNER OF PAYMENT
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The OWNER shall pay the CONTRACTOR in consideration for the faithful satisfactory performance and accomplishment of all the obligations specified in the $ontract (ocuments that the CONTRACTOR agreed to underta)e! perform and accomplish under the AGREEMENT! the lump sum CONTRACT PRICE of PESOS: __________________________________ % &&'1&& ((P)* _________+ Philippine $urrency! inclusive of any and all taxes and 2alue Added Tax 62AT8&
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The down payment shall be e9uivalent to _______ percent 6___B8 of the CONTRACT PRICE less cost of cement and reinforcing bars or the amount of PESOS: _______________________________ % !&'1&& (P)* _____________+ Philippine $urrency as stated in Annex +! and shall be paid by the OWNER upon compliance by the GENERAL CONTRACTOR with the conditions stated in this AGREEMENT& This down payment shall be li9uidated from every subse9uent progress payment to be made by the OWNER to the GENERAL CONTRACTOR by deducting from such progress payment a portion of the down payment proportional to the actual evaluated and certified percentage of wor) accomplishment such that when the wor) is fully completed the down payment shall have been fully li9uidated& -ubse9uent payments shall be paid through progress billings submitted by the GENERAL CONTRACTOR in accordance with this AGREEMENT and shall be sub
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The CONTRACT PRICE stipulated above shall be fixed for the entire duration of the AGREEMENT and shall not be altered or ad
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Dpon execution of this AGREEMENT and as a condition for the release and payment by the OWNER of the down payment and all subse9uent progress billings! the GENERAL CONTRACTOR shall submit to the OWNER the following: ?&?&1
(0'. PAE,".T *0.(! e9uivalent to ______ percent 6_____B8 of the CONTRACT PRICE conditioned upon the return to the OWNER of the down payment in the event the GENERAL CONTRACTOR fails or refuses! for any reason whatsoever! to commence wor) on the PROJECT within five 658 days from receipt by the CONTRACTOR of the down payment&
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P"0,A.$" *0.(! e9uivalent to _____________ percent 6_____B8 of the CONTRACT PRICE conditioned upon the payment to the OWNER of li9uidated damages and all amounts due to the OWNER under the law or this AGREEMENT! in the event the GENERAL CONTRACTOR fails or refuses! for any reason whatsoever! to proceed and complete the PROJECT in accordance with this AGREEMENT and to guarantee the GENERAL CONTRACTOR- faithful! strict and satisfactory compliance with all its obligations stated herein&
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All bonds and insurance coverage to be provided by the GENERAL CONTRACTOR and re9uired in this clause or elsewhere in this AGREEMENT shall be in the form of surety approved and accepted by the OWNER ! callable on demand and secured from BANCO DE ORO INSURANCE BROKERS, INC& or such other insurance or bonding company acceptable to the OWNER. urther! such bonds and insurances shall remain in full force and effect during the entire contract period or its extensions! if any! unless otherwise specified herein& inally! premiums and all costs to secure and obtain such bonds and insurances shall be for the account of the GENERAL CONTRACTOR &
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The CONTRACTOR shall submit to the OWNER and the CONSTRUCTION PROJECT MANAGER monthly billings based on actual accomplishment of the various wor)s of the PROJECT. The CONSTRUCTION PROJECT MANAGER shall process! certify to the correctness of! and ma)e appropriate recommendations as to said billings within seven 6F8 wor)ing days from receipt thereof and the OWNER shall pay the GENERAL CONTRACTOR within thirty 6;C8 wor)ing days upon receipt of said billings from the CONSTRUCTION PROJECT MANAGER together with the latter4s appropriate recommendation& inal payment shall be made in accordance with Article 1 of this AGREEMENT&
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Progress payments are sub
?&F Prior to the release of the down payment the GENERAL CONTRACTOR shall submit the following documents: ?&F&1 ?&F& ?&F&; ?&F&? ?&F&5 ?&F&> ?&F&F ?&G
P"T#$P, $onstruction -chedule *ar $hart ,anpower -chedule "9uipment Dtilization -chedule Pro
The amount retained by the OWNER from the progress payments shall be released by the OWNER to the GENERAL CONTRACTOR within sixty 6>C8 wor)ing days after the issuance of the $ertificate of inal /nspection and Acceptance by the CONSTRUCTION PROJECT MANAGER, concurred to by the ARCHITECT and confirmed by the OWNER. Together with the $ertificate of inal /nspection and Acceptance! the GENERAL CONTRACTOR shall submit to the OWNER following: ?&H&1
GENERAL CONTRACTOR- notarized affidavit that all taxes and obligations from the GENERAL CONTRACTOR- use of materials! plant! e9uipment and labor in fulfillment of this AGREEMENT have been duly paid&
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=uarantee *ond to answer for faulty andor defective materials or wor)manship as stated in Article 1 of this A="",".T&
!.1& The OWNER, however! reserves the right to withhold payment in case the OWNER has any claim against the GENERAL CONTRACTOR under or by virtue of this AGREEMENT in the amount e9uivalent to the OWNER- claim! without pre
?&1 .o certificate given or payment made under this AGREEMENT, except the $ertificate of inal /nspection and Acceptance 6$/A8 or final payment! shall be conclusive evidence of the performance by the GENERAL CONTRACTOR of its covenants and obligations under this AGREEMENT! either wholly or in part! and no payment shall be construed to be an acceptance of defective wor) or improper materials& !.1 Dnder no circumstance shall the GENERAL CONTRACTOR be entitled to payment of extra wor) or change of wor) without the prior written order of the OWNER or the CONSTRUCTION PROJECT MANAGER to perform such wor)& Any wor) done without such written order shall be for the sole account of the GENERAL CONTRACTOR & !.1! Any payment due and payable andor may be due to the GENERAL CONTRACTOR may be offset against li9uidated damages payable to the OWNER under this AGREEMENT&
ARTICLE / – OWNER SUPPLIED'FURNISHED MATERIALS
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or purposes of the completion of the PROJECT as contained in this AGREEMENT! it is understood that all the materials will be supplied by the GENERAL CONTRACTOR & /n this regard! the CONTRACTOR, except for 0wner#-upplied ,aterials! hereby expressly warrants and represents that the materials to be used in the completion of the PROJECT shall be of sufficient 9uantity and the 9uality and soundness thereof are fit for the purposes for which they will be utilized! as stated in the Article # $ontract (ocuments&
/t is understood however! that the above provision in Article 5&1 is without pre
ARTICLE 0 – ADJUSTMENT OF CONTRACT PRICE
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The OWNER or the ARCHITECT with the written consent and approval of the OWNER ! may! without invalidating this AGREEMENT or the $ontract (ocuments! order at anytime in writing! additional wor) or alterations by correcting! altering or deducting from the wor) to be underta)en or being underta)en by the GENERAL CONTRACTOR & All such wor) shall be evidenced by $hange 0rders signed by the OWNER & The aforesaid wor) shall be executed under the conditions hereof and the $ontract (ocument&
>& .o claims for additions or deductions to the CONTRACT PRICE herein stipulated by reason of extra wor) or alteration shall be valid unless ordered in writing by the OWNER. The value of any extra wor) or alterations shall be separately agreed upon by the OWNER and the GENERAL CONTRACTOR in writing& 0. Any value of change orders approved shall be considered as part of the AGREEMENT to be billed separately by the GENERAL CONTRACTOR &
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>&? /n the event the OWNER opts or decides to supply any materials 6such as but not limited to! tiles! cement! reinforcing bars! aluminum wor)s and cabinets8 the cost thereof shall be based on the agreed itemized cost brea)down&
ARTICLE $ – CONTRACT TIME'COMPLETION DATE'TIME ETENSION
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The GENERAL CONTRACTOR shall complete the wor)s called for under this AGREEMENT within our 6?8 calendar months or 0ne +undred Twenty 61C8 calendar days rec)oned after seven 6F8 days from confirmation of .otice to Proceed 6Annex =8&
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The CONTRACTOR may as) for an extension of the period for completion by a re9uest to the OWNER through the CONSTRUCTION PROJECT MANAGER due to any of the following causes or reasons: F&&1 $."." F&&; F&&?
$."./
orce ,a
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The re9uest for extension shall be filed and submitted in writing within fifteen 6158 wor)ing days from the occurrence of one or more of the events mentioned above& The OWNER shall! within fifteen 6158 wor)ing days from receipt of such written re9uest! with due regard to the facts and circumstances and of the merits or lac) of merits of the re9uest! grant or deny the re9uest for extension! as the case may be& The decision of the OWNER on this matter shall be binding upon the GENERAL CONTACTOR which shall proceed strictly in accordance with such determination without pre
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or the purpose of Article F of this AGREEMENT! the term force ma
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.otwithstanding the foregoing! no extension of the period for completion of the wor) shall be granted in any of the following instances: F&5&1 F&5& F&5&; F&5&?
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war and other hostilities! 6whether war be declared or not8! invasion! act of foreign enemies! mobilization! re9uisition or embargo3 rebellion! revolution! insurrection! terrorist act! military or usurped power or civil war occurring in the area of Pasay $ity! ,etro ,anila! Philippines3 earth9ua)es! violent typhoons or other natural disasters of overwhelming proportions even an experienced GENERAL CONTRACTOR could not have foreseen and ta)en protection against& -torm signal no& ; or above raised by PA=A-A shall be considered force ma
ordinary unfavorable weather conditions3 non#availability of e9uipment or materials to be furnished by the GENERAL CONTRACTOR 3 labor problem or dispute involving the GENERAL CONTRACTORS employees! wor)ers! or personnel or those of its sub#contractors! agents! or suppliers3 and when the reason given for the re9uest for extension has already been considered in the determination of the original completion&
/f at any time during the AGREEMENT! the GENERAL CONTRACTOR incurs a delayslippage of fifteen percent 615B8 in the construction schedule! the OWNER may re9uire the GENERAL CONTRACTOR to submit within seven 6F8 wor)ing days from demand a
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confirmed catch#up schedule! including the list or resources re9uired to remedy the delayslippage incurred over a period of thirty 6;C8 calendar days& The purpose of this clause is merely to enable the GENERAL CONTRACTOR to complete the PROJECT within the original $ontract Period and not to grant an extension therefore& -hould the GENERAL CONTRACTOR, despite the catch#up schedule! fail to remedyovercome the slippage within the catch#up period! the OWNER may ta)e any or all the following courses of action: F&>&1
/mmediately upon notice to the GENERAL CONTRACTOR, ta)e#over and complete the wor)s either by itself or through another contractor6s8& /n such case! the temporary facilities! materials! e9uipment! tools and resources of the GENERAL CONTRACTOR on the site shall be at the disposition of the OWNER until the 'or)s unfinished by the GENERAL CONTRACTOR are completed& The difference between the cost reasonably incurred and substantiated by the OWNER to complete the 'or)s and all the CONTRACT PRICE balance shall be for the account of the GENERAL CONTRACTOR and shall be charged against whatever billing are still due to the GENERAL CONTRACTOR or the Performance *ond3
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Terminate this AGREEMENT pursuant to Article ? hereof3 and
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The exercise by the OWNER of either of the above options is without pre
ARTICLE 2 – FAILURE TO COMPLETE THE WORKS
G&1 Time is of the essence in this AGREEMENT. -hould the GENERAL CONTRACTOR fail to complete the PROJECT within the period herein stipulated or within the period of extension granted by the OWNER, the CONSTRUCTION PROJECT MANAGERS shall certify in writing that the wor) could reasonably have been completed within the period specified herein or within the extended time! and the CONTRACTOR shall: G&1&1
Pay the OWNER the sum of one tenth 611C8 of one percent 61B8 of the stipulated CONTRACT PRICE as penalty for each calendar day of delay! including -undays and +olidays but not to exceed ten 61CB8 of the CONTRACT PRICE3 Provided that! the payment of penalty shall not in any manner relieve the GENERAL CONTRACTOR from its obligations and responsibilities under this AGREEMENT3 and
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Allow the OWNER andor another contractor of OWNERS choice to ta)e over and accomplish and finish the PROJECT as provided for in Article 1; of this AGREEMENT&
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+owever! in no case shall the total li9uidated damages exceed ten percent 61CB8 of the CONTRACT PRICE, provided the GENERAL CONTRACTOR has substantially completed the wor)& There is substantial completion when the GENERAL CONTRACTOR completes HGB of the wor)! provided that the remaining wor) and the performance of wor) necessary to complete the wor) shall not prevent the normal use of the completed portion& @i9uidated damages shall be applied for the remaining wor)s proportionate to the remaining balance of wor) beyond HGB substantial completion&
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/t is further agreed and understood that the right of the OWNER to collect or to receive penalty charges and li9uidated damages as compensation for delay in the circumstances herein stated! is in recognition by the parties of the expense and inconvenience li)ely to be incurred from any need to prove the loss and damage that will be suffered by the OWNER in the event of any such delay on the part of the GENERAL CONTRACTOR. The collection andor payment of such sums as penalty charges or li9uidated damages shall be without pre
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To give full force and effect to the foregoing! the GENERAL CONTRACTOR hereby! without the necessity of any further act and deed! has authorized the OWNER to deduct any amount that may be due under $lause G&1 above! from any and all
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moneys or amounts due or which will become due to the GENERAL CONTRACTOR by virtue of this AGREEMENT andor to collect such amounts from the performance bond filed by the GENERAL CONTRACTOR in accordance with this AGREEMENT& G&5
Dpon the completion of the PROJECT! the GENERAL CONTRACTOR shall immediately thereafter remove all surplus materials! waste and rubbish from the premises! unless prevented by any unavoidable cause or causes in which case the OWNER shall give the GENERAL CONTRACTOR a reasonable period within which to do so& "xcess owner#supplied materials such as rebars! cement and tiles! including scrap materials shall be returned to the OWNER & The GENERAL CONTRACTOR shall indemnify the OWNER for any damages or losses incurred by the latter by reason of the failure of the GENERAL CONTRACTOR to remove such rubbish and materials&
ARTICLE 4 # TAES, DUTIES AND FEES
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All taxes! including E#VAT, duties and fees of whatever nature connected with! or related to this AGREEMENT and which may be due and payable! or for withholding! on tools! e9uipment! labor! materials! plants! supplies! and other facilities necessary for the performance and accomplishment of the PROJECT, shall be the sole responsibility and for the exclusive account of the GENERAL CONTRACTOR, except taxes due on OWNER # supplied materials which shall be for the account of the OWNER. The OWNER shall be entitled to withhold from the payment to the GENERAL CONTRACTOR any amount it is re9uired to withhold by law or by any governmental authority&
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The GENERAL CONTRACTOR hereby holds the OWNER free and harmless form all such taxes! duties! and fees including the fines! penalties and other charges accruing by reason of their non#payment&
4. The GENERAL CONTRACTOR shall pay and shall ensure that any authorized sub#contractor shall pay all income! corporate revenue or similar taxes howsoever described! and all penalties and interest thereon assessed on the income! profits and gains accruing to the GENERAL CONTRACTOR or any sub#contractor from the operation of this AGREEMENT. The GENERAL CONTRACTOR shall be responsible to indemnify! defend and hold harmless the OWNER against any claims whatsoever arising in connection with liability of the GENERAL CONTRACTOR or any sub#contractor for any such taxes! penalties and interest& urthermore! the GENERAL CONTRACTOR shall be responsible to indemnify! defend and hold harmless the OWNER against any claims whatsoever arising in connection with all taxes assessed or levied against or on accounts of wages! salaries! benefits! or deemed benefits paid to the GENERAL CONTRACTOR- personnel or personnel connected with its sub# contractor or any other person employed in connection with the performance of this AGREEMENT&
H&? The GENERAL CONTRACTOR shall give all necessary notices and obtain the necessary permits! clearances or approval from the proper authority in respect to the WORKS except such the building permits! "$$! other permits! clearances or approvals in connection with or related to the importation of OWNER I supplied materials 6if any8&
ARTICLE 1& – RESPONSIBILITIES OF THE GENERAL CONTRACTOR
1C&1 The GENERAL CONTRACTOR shall furnish and provide for its account all the necessary materials! and supplies! labor! tools! e9uipment! plant! supervision! attendance to nominated sub# contractors 6if any8 and other facilities as may be needed in the satisfactory performance and accomplishment of the PROJECT without delay and in accordance with and as directed by the $ontract (ocuments& All materials and wor)manship shall be of the respective )inds described in the specifications! and the GENERAL CONTRACTOR shall! upon the re9uest of the ARCHITECT or the CONSTRUCTION PROJECT MANAGER, furnish him with brochures and supporting documents to prove that the materials are such as specified&
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1C& The GENERAL CONTRACTOR shall ensure and hereby warrants at all times that it shall exercise the s)ill! care and diligence in the performance of the wor) as should be exercised by a fully 9ualified! competent and first class GENERAL CONTRACTOR, fully s)illed and experienced in carrying out of wor) similar in scope and extent of the PROJECT. The GENERAL CONTRACTOR warrants that it is fully experienced in the construction of ma
1C&; The GENERAL CONTRACTOR shall during the term of this AGREEMENT coordinate with the wor) of other tradesmen or contractors of the other construction wor)s and shall be directly responsible for the wor) of all men under its control and supervision to ensure the expeditious and satisfactory completion of the 'or)s for the PROJECT& 1&.! The GENERAL CONTRACTOR agrees that it has satisfied itself as to the nature and scope of wor)! including but not limited to the management! supervision! engineering and procurement services! the obtaining of permits! licenses! consents and authorizations and all other necessary services! personnel! labor! e9uipment! facilities! materials and supplies re9uired for the performance of all the wor)s to complete the PROJECT& 1&./ The GENERAL CONTRACTOR hereby recognizes the position of trust and confidence reposed on it by this AGREEMENT and agrees to furnish its best s)ill and
1C&> /t is mutually understood that the GENERAL CONTRACTOR is not an employee of the OWNER but is an independent contractor . .either shall the employees! wor)ers! laborers! agents or the subcontractor 6as may be allowed in accordance with Article 1G of this AGREEMENT+ of the GENERAL CONTRACTOR be deemed employees of the OWNER. +ence! the OWNER shall not in any way be liable or responsible for any and all claims for or personal in
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sic)ness! disease! death! loss or damage is caused or contributed to by the fault or negligence of the GENERAL CONTRACTOR andor its employees& 1C&G The GENERAL CONTRACTOR shall perform all wor)s in the manner specified in this AGREEMENT and in accordance with the best principles! accepted practices and standards prevailing in the construction and contracting industry& 1&.4 The GENERAL CONTRACTOR shall ta)e all ade9uate and necessary measures to protect the PROJECT, the OWNERS property! the personnel of the OWNER and of the OWNERS other contractors and agents at the site and! at the same time! ta)e all measures to avoid or reduce to a minimum any inconvenience to ownersoccupiers of land! and the general public at or ad
1C&11The GENERAL CONTRACTOR shall ascertain the exact position of all services! cables! pipes! e9uipment and other items present on! in or under the
ARTICLE 11 – RESPONSIBLITIES OF THE OWNER
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The OWNER shall be represented in the implementation of this AGREEMENT by the CONSTRUCTION PROJECT MANAGER who shall have the authority at the
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The OWNER andor its representative6s8 may! at any time during the progress of the wor)! by written instruction! cause alterations in the original plans and specifications to be made by way of addition! deletion or otherwise deviation there from3 and said wor) shall be executed by the GENERAL CONTRACTOR under the direction of the ARCHITECT and the CONSTRUCTION PROJECT MANAGERS and as approved by the OWNER, in the same manner as if the same had been included in the original plans and specification sub
ARTICLE 1" – CONTRACTORS GUARANTEE TO WORK
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The GENERAL CONTRACTOR guarantees its wor) against 9ualitative defects in materials! poor wor)manship and the li)e for a period of one 618 year rec)oned from the day of final acceptance of the PROJECT by the OWNER. /n case any defect! failure! and poor wor)manship of any part or parts of the PROJECT is discovered during said period! the GENERAL CONTRACTOR shall be bound to ma)e good such defect! failure or poor wor)manship! without any cost or expense to the OWNER. /n any case! during the same period! the GENERAL CONTRACTOR shall hold the OWNER free and harmless from any and all liability or damages that may be incurred as a result of any breach of GENERAL CONTRACTORS guarantee of wor)& /t is hereby understood that these stipulations shall not in any manner affect the rights and liabilities of the parties under Article 1F; and such other applicable provisions of the .ew $ivil $ode of the Philippines! or under any other existing laws! rules and regulations&
1".1 The GENERAL CONTRACTOR shall furnish the OWNER a guarantee bond issued by *(0 /nsurance *ro)ers /nc& in the sum e9uivalent to ten percent 61CB8 of the CONTRACT PRICE, effective for a period of one 618 year from the date of final acceptance by the OWNER of the PROJECT, sub
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1&
The GENERAL CONTRACTOR shall be responsible for any and all da mages to! and for the necessary repair of public streets! sidewal)s! curbs and paving and other properties! whether public or private! occasioned by their use or opening in connection with or as a conse9uence of the PROJECT. /t shall ma)e good the same to the lawful satisfaction of the proper authority or party3 and hereby holds the OWNER free and harmless from liability for any such damage or repair&
ARTICLE 1 – OPTION TO COMPLETE PROJECT'TAKE OVER
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/f! at any time during the progress of the PROJECT, the GENERAL CONTRACTOR should fail! refuse! or neglect to supply and provide the re9uired tools! materials! supplies! e9uipment! facilities and labor#wor)men in accordance with the wor) schedule! or should abandon or fail to continue with the construction of the PROJECT or to complete the same3 or when in the
1;&
/n the event the OWNER opts to ta)e over the PROJECT, the OWNER may ta)e over and continue the PROJECT, and all contracts entered into by the GENERAL CONTRACTOR in the pursuit of their obligations under the contract which the OWNER may want to assume are hereby considered or deemed assigned to the OWNER. or this purpose! the GENERAL CONTRACTOR agrees and obligates itself and underta)es to incorporate with andor relative to the performance of their obligations a provision of its assignabilityassumption upon the option of the OWNER. The OWNER may also engage the services of another third party contractor& All expenses incurred by the OWNER shall be charged to the GENERAL CONTRACTOR, and any additional cost incurred in finishing the PROJECT in excess of the contract price shall be at the expense and for the account of the GENERAL CONTRACTOR. The right of the OWNER to ta)e over the PROJECT shall be without pre
ARTICLE 1! – CONTRACTORS PERFORMANCE BOND
1?&1
Dpon the signing of this AGREEMENT or within ten 61C8 calendar days there from! the CONTRACTOR shall! at its expense! furnish the OWNER a Performance *ond e9uivalent to twenty percent 6CB8 of the CONTRACT PRICE! in the form of a -urety *ond! callable on demand! obtained from *anco de 0ro /nsurance *ro)ers! /nc&! conditioned that the GENERAL CONTRACTOR shall truly and faithfully perform this AGREEMENT and all the obligations! terms and conditions thereof on its part re9uired to be performed& -aid Performance *ond shall also answer for the penalty as provided in Article 1C&53 or for any liability that may be suffered by the OWNER resulting from the violation by the GENERAL CONTRACTOR of the @abor $ode and all other labor and social legislations& /n case the OWNER grants the GENERAL CONTRACTOR an extension of contract time as mentioned in Article F above! the effectivity of the Performance *ond shall be renewed by the GENERAL CONTRACTOR upon the expiration of the same but the amount thereof shall be reduced proportionately to an amount to be mutually agreed upon by both parties&
1!." The GENERAL CONTRACTOR shall also provide the OWNER with updated certificates on the renewal anniversary of all policies re9uired hereunder& ailure to provide such a $ertificate may be ta)en by the OWNER to indicate that the GENERAL CONTRACTOR has failed to meet its obligations to provide the re9uired insurance coverage under this AGREEMENT& 1!.
The premiums and other charges that may be due in connection with the renewal or extension shall be for the account and expense of the GENERAL CONTRACTOR. /n the event of the
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rescission or termination of this AGREEMENT for breach thereof! the OWNER may immediately proceed against the bond for any or all claims against the GENERAL CONTRACTOR. The bond shall remain and continue to remain in full force and effect until the aforementioned obligations as to the complete and faithful compliance of the AGREEMENT, penalty! damages! and cost of labor and materials shall have been fully satisfied! discharged! settled and paid by the GENERAL CONTRACTOR and the bond released by the OWNER & 1!.!
1?&5
Any changes in this AGREEMENT 6whether such changes increases or decrease the amount thereof8 or any change in time or payment to the GENERAL CONTRACTOR or any changes! extensions! alterations! modifications or innovations mutually agreed upon in writing! shall in no way annul! release or effect the liability of the GENERAL CONTRACTOR and the surety or sureties on the bonds given by the GENERAL CONTRACTOR & Any alterations! modifications or changes in this A="",".T or $ontract (ocuments must have the )nowledge or consent of the company issuing the surety andor performance bond& 0therwise! the foregoing shall not be binding to the said company&
ARTICLE 1/ – CONTRACTORS ALL#RISK INSURANCE
15&1
The GENERAL CONTRACTOR shall at all times during the progress of the wor) and until completion of the PROJECT covered by this AGREEMENT, for its account! arrange for $ontractor4s All#is) /nsurance that shall protect it and the OWNER including the CONSTRUCTION PROJECT MANAGERS from any and all claims arising under the @abor $ode of the Philippines and other pertinent labor and social legislations and from any other claims for in
15&
'ithin seven 6F8 calendar days from the start of wor)! the GENERAL CONTRACTOR shall issue certificates of insurance re9uired attaching herewith a copy of the insurance policies and submit the same to the OWNER through the CONSTRUCTION PROJECT MANAGERS. $ertificates of such insurance or insurance policies shall be sub
ARTICLE 10 – CONTRACTORS LIABILITY
1>&1
The GENERAL CONTRACTOR shall be responsible for! and shall indemnify and hold the OWNER free and harmless from! any and all losses! costs! expenses and damages arising out of or in connection with any claim or cause of action in respect of any in
ARTICLE 1$ – COMPLIANCE WITH LAWS, ORDINANCE, RULES AND REGULATIONS
1F&1
The GENERAL CONTRACTOR shall comply with all the laws! ordinances! and rules and regulations of both the national and local government which have been passed or may have been amended! revised or passed before the completion of the PROJECT! applicable andor binding
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upon the parties hereto! the wor)s covered by this AGREEMENT, or the persons engaged in the performance and accomplishment of the wor) covered by this AGREEMENT, and shall be responsible for all damages either to the OWNER or to third parties or to the government! national or local! for the non#observance of such laws! ordinances and rules and regulations& 1F&
The GENERAL CONTRACTOR shall comply with all construction regulations and sanitation rules imposed by appropriate agencies! whether public or private having
ARTICLE 12 – SUB#CONTRACTING OF THE WORK ' ASSIGNMENT
1G&1
The GENERAL CONTRACTOR shall not assign! sublet or sub#contract any portion of the 'or)s for PROJECT covered by this agreement except upon prior written approval of the OWNER. Any such assignment! sub#lease or sub#contracting shall be sub
ARTICLE 14 – REPRESENTATION AND WARRANTIES
1H&1
The GENERAL CONTRACTOR shall be responsible for the 9uality of materials! used in the construction of the PROJECT. The GENERAL CONTRACTOR further warrants that all materials and other facilities incorporated into the wor) and turned#over to the OWNER upon the completion of the PROJECT shall be brand new and free from any defect as specified by the ARCHITECT. The GENERAL CONTRACTOR shall not incorporate thereon or use or recommend the use of any material or substance that is hazardous to health&
1H&
The GENERAL CONTRACTOR warrants that it is a competent! 9ualified and experienced contractor! e9uipped! organized! insured and financed to perform the wor)s and complete the PROJECT in an efficient and professional manner and meeting all of the re9uirements of this AGREEMENT&
1H&;
The GENERAL CONTRACTOR shall put up and maintain ade9uate protection of all its wor) from damages and shall protect the property and e9uipment whether owned or rented by the OWNER, as well as all materials furnished and delivered to it by the OWNER from damage! in
1H&?
The GENERAL CONTRACTOR represents and warrants to the OWNER that: 1H&?&1 /t is a company duly organized! validly existing and is current on all payments to maintain such existence under the laws of the epublic of the Philippines& 1H&?& /t has all necessary power and authority to carry on its business as presently conducted and to enter into and perform its obligations under this AGREEMENT to which it is a party and each of the executions! delivery and performance by it of this AGREEMENT has been duly authorized by all necessary actions on its part! does not re9uire any approval from any trustee! lessor or holder of any indebtedness or other obligation of it& 14.!. /t is financially solvent! able to pay its debts as they mature! possessed of sufficient wor)ing capital to complete its obligations under the AGREEMENT& 14.!.! There is no action! suit or proceeding! at law or in e9uity! or official investigation before or by any government authority! arbitration tribunal or other body pending or! to the best of its )nowledge! threatened against or affecting it or any of its properties! rights or assets! which could reasonably be expected to result in a material adverse effect on its validity or enforceability of the AGREEMENT&
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1H&5
The GENERAL CONTRACTOR represents that it shall maintain throughout the period of this AGREEMENT, including any extensions thereof! the ade9uate capitalization! financial capability! technical )now#how and manpower to underta)e and complete the 'or)s for the PROJECT&
1H&>
The GENERAL CONTRACTOR warrants that! on or before the date of completion of the wor)! it shall have obtained any and all permits! clearances and approvals from the proper authorities in accordance with its underta)ing&
1H&F
The GENERAL CONTRACTOR shall perform the wor) necessary to complete the PROJECT and give all notices and comply with all other obligations under this AGREEMENT and the $ontract (ocuments promptly and with due diligence&
1H&G
The GENERAL CONTRACTOR shall commence! perform and complete the PROJECT in an expeditious and diligent manner in accordance with this AGREEMENT and the $ontract (ocuments including any amendments thereto&
1H&H
The GENERAL CONTRACTOR shall! as a competent! 9ualified contractor experienced in the design! engineering! procurement! construction of the PROJECT! use its reasonable endeavors to ad
ARTICLE "& – SAFETY FACILITIES
C&1
The GENERAL CONTRACTOR shall provide safety facilities for access and inspection by the OWNER, ARCHITECT, CONSTRUCTION PROJECT MANAGER or their representatives& The GENERAL CONTRACTOR shall install! erect and properly maintain at all times! as re9uired by the conditions and progress of wor)! such barriers! lights! danger signsother needed signage and necessary safeguards as will protect wor)men and the public&
C&
The GENERAL CONTRACTOR shall assign a full time -afety "ngineer to the
C&;
All internal combustion engines and compressors used by the GENERAL CONTRACTOR for the PROJECT shall be e9uipped with mufflers to reduce noise to a minimum& Pneumatic tires shall be used on all e9uipment where applicable& (uring the entire construction period! the GENERAL CONTRACTOR shall effectively control dust and other emissions on the site! either by chemical treatment watering and sprin)ling as necessary to satisfactorily allay the dust or other emissions at all times&
C&?
The GENERAL CONTRACTOR shall ta)e all necessary precautions for public safety and the safety of his employees and wor)men on the site& The GENERAL CONTRACTOR shall at all times re9uire his wor)ers to wear hard hats! safety boots and goggles! uniforms 6T#shirts8 and identification cards to prevent accidents and for proper identification&
ARTICLE "1 – CERTIFICATE OF FINAL INSPECTION AND ACCEPTANCE
&1
Dpon receipt of the written notice from the GENERAL CONTRACTOR that he has completed the PROJECT in accordance with the AGREEMENT and is ready for final inspection and acceptance! the CONSTRUCTION PROJECT MANAGER shall notify the OWNER and the ARCHITECT, and the latter shall send their respective representative6s8 to promptly ma)e! together with the CONSTRUCTION PROJECT MANAGER, such inspection& 'hen both the OWNERS and ARCHITECTS representatives and the CONTRUCTION PROJECT MANAGER determine that the said PROJECT is acceptable under the terms of this AGREEMENT and that this AGREEMENT has been fully performed! they shall promptly issue a $ertificate of inal /nspection and Acceptance duly signed by them! stating that the The OWNER, PROJECT provided for in this AGREEMENT has been completed& ARCHITECT and the CONSTRUCTION PROJECT MANAGER ! if the wor) warrants acceptance! shall append their signatures to the certificate& -ub
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under Article 1! the entire balance found to be due to the GENERAL CONTRACTOR and noted in said $ertificate of inal /nspection and Acceptance shall be paid by the OWNER within sixty 6>C8 wor)ing days from receipt of said $ertificate of inal /nspection and Acceptance! the GENERAL CONTRACTOR shall submit to the OWNER through the CONSTRUCTION PROJECT MANAGER the following: 1&1&1 Three 6;8 sets of bounded blue print As#*uilt7 Plans& 1&1& 0ne 618 set reproducible As#*uilt7 Plans& 1&1&; 0ne 618 $( containing the electronic file of As#*uilt7 Plans& 1&1&? A sworn affidavit stating that all wages and salaries of its staff and employees and all indebtedness connected with the WORKS 6including but not limited to claims of or credits to suppliers! sub#contractors and other creditors of the GENERAL CONTRACTOR 8 have been fully settled3 provided that in any case of any unpaid claim or credit! the 9uit claim or credit! the 9uit#claim or release and waiver duly executed by the concerned suppliers! sub#contractors or creditors in favor of the OWNER & 1&1&5 The guarantee bond re9uired under Article 1& 1&1&> $ertificates of /nspections! clearances and permits from local governing agencies on all installations re9uiring such certifications& 1&1&F 'arranty $ertificates of -uppliers and 0peration and ,aintenance ,anuals& 1&1&G @ist.ames of immediate materials! stoc) no&! type! supplier name and contact nos& 'here said material used in construction can readily be purchase for operation& 1&1&H Jeying -chedule&
ARTICLE "" – INTERPRETATION OF THIS AGREEMENT
&1
&
/n interpreting and construing the provisions of this AGREEMENT and in determining the intention of the parties hereto! resort shall be made to the $ontract (ocuments& /n line herewith! this AGREEMENT and the $ontract (ocuments shall be interpreted and construed together so as to give harmonious effect to their respective provisions3 Provided that! in the event of irreconcilable conflict between the provisions of this AGREEMENT and those of the $ontract (ocuments! the provisions of this AGREEMENT shall prevail& /f any one or more provisions of this AGREEMENT is held by a court of competent
ARTICLE " – ARBITRATION CLAUSE
;&1 -hould there be any dispute! controversy or difference between the parties arising out of this AGREEMENT that may not be resolved by them to their mutual satisfaction despite earnest efforts! then the matter shall be submitted to the $onstruction /ndustry Arbitration $ommission 6$/A$8 for arbitration under the ules of Procedure =overning $onstruction Arbitration as promulgated pursuant to "xecutive 0rder .o& 1CCG 6the $onstruction /ndustry Arbitration @aw8& ;& An Arbitration $ommittee! composed of three 6;8 members shall be formed as follows: 0ne 618 member shall be chosen by the OWNER and one 618 member shall be chosen by the GENERAL CONTRACTOR. These two 68 members! in turn! shall select a third member acceptable to both of them& "ither party may initiate the arbitration process by serving upon the other party a written demand for arbitration in accordance with this AGREEMENT within
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fifteen 6158 calendar days from the occurrence of any dispute! difference or controversy& The demand shall set forth the nature of the controversy the amount involved! if any! the relief sought! and the name of the arbitrator appointed by the party ma)ing the demand3 and shall re9uire the other party on whom the demand is served to name its arbitrator& The arbitrators so named and appointed by the parties must agree upon the third arbitrator within ten 61C8 days from notice of appointment& The decision of the Arbitration $ommittee shall be final and binding upon the OWNER and the GENERAL CONTRACTOR & ,atters not otherwise provided for shall be governed by the provisions of the Arbitration @aw 6epublic Act GF>8& The cost of arbitration shall be borne
ARTICLE "! – TERMINATION CLAUSE
?&1
The OWNER may terminate or rescind this AGREEMENT, in whole or in part and conse9uently refuse to allow the GENERAL CONTRACTOR to proceed with the wor)s of the PROJECT in the following occurrences: ?&1&1 /f after giving due notice to the GENERAL CONTRACTOR to remedy such occurrence or occurrences and the GENERAL CONTRACTOR refuses! or is unable to! or fails to ta)e steps satisfactorily to the OWNER to remedy such occurrence or occurrences within forty#eight 6?G8 hours after receipt of such notice the OWNER but without pre There is a delay of at least fifteen percent 615B8 in the wor) schedule of the 'or)s7 for the PROJECT at any point in time&
?&
Dpon termination by the OWNER pursuant to $lause ?&1: ?&&1 The GENERAL CONTRACTOR shall cease performance of the terminated wor)! but shall perform such otherwor) or services or wor) not terminated as the OWNER may direct for the purpose of protecting or storing any wor) in the course or performance& ?&& The OWNER may complete or may engage third parties to complete the PROJECT and for this purpose the GENERAL CONTRACTOR shall:
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?&;
?&&&1
Permit or procure permission for the OWNER or third parties acting on behalf of the OWNER to enter the
?&&&
Provide all facilities and assistance reasonably re9uested by the OWNER 3 and
"!.".".
All sums of money that may be due to accruing from the OWNER to the GENERAL CONTRACTOR shall cease to be due or to accrue and the OWNER shall not be liable to pay to the GENERAL CONTRACTOR any further monies on account of this AGREEMENT until the final cost and expense of removing andor completion of the PROJECT 6including the ma)ing good or rectification of any defects8 has been ascertained by the OWNER. /f such amount when added to the monies paid to the GENERAL CONTRACTOR before the date of termination exceeds the total amount which would have been payable to the GENERAL CONTRACTOR had the AGREEMENT not been terminated! the OWNER ! at its sole discretion and option! may deduct the difference from unpaid balance or payment due to the GENERAL CONTRACTOR or recover it by other means as a debt due from the GENERAL CONTRACTOR &
/f the OWNER terminates the AGREEMENT in accordance with Article ?&1! the GENERAL CONTRACTOR shall comply with all instructions of the OWNER including but not limited to those in respect of: ?&;&1 The cancellation or assignment of outstanding commitments or contracts3 ?&;& The performance of any wor) re9uired for the completion! protection and storage of the wor) performed3 ?&;&; The protection andor removal of the copies of the Plans! $ontract (ocuments and the materials found in the PROJECT as directed by the OWNER 3 ?&;&? The execution of all documents and all such other actions as may be re9uired in order to vest in the OWNER all rights! set#offs and benefits held by the GENERAL CONTRACTOR under or in connection with the performance of the wor) on the PROJECT3 ?&;&5 The assignment to the OWNER of any pending sub#contracts as the OWNER may re9uest3 and ?&;&> Any other matter arising out of this AGREEMENT which the OWNER decides is necessary or expedient&
"!./ /f the OWNER terminates the AGREEMENT based on the grounds other than those provided for under Article ?&1! the OWNER shall pay the GENERAL CONTRACTOR by way of full and final statement for all wor) satisfactorily performed prior to the date of termination 6in so far as such amounts or items have not been covered by payments made prior to termination8 the portion of the $ontract Price representing the value of such wor) together with the amount of any costs! expenses and losses which have been properly and reasonably incurred by the GENERAL CONTRACTOR directly and unavoidably on account of such termination and in respect of which the GENERAL CONTRACTOR shall have provided full and proper substantiation to the satisfaction of the OWNER provided that the OWNER shall not be liable to the CONTRACTOR for the remaining portion of the CONTRACT PRICE over and above the value of the wor) satisfactorily performed by the GENERAL CONTRACTOR &
?&> Any substantial breach or violation by any party 6(efaulting Party78 of its obligations and covenants under this AGREEMENT other than those listed herein shall entitle the other party 60ffended Party78 to rescind or cancel this AGREEMENT, without the necessity of
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?&F The termination of this AGREEMENT shall be without pre
ARTICLE "/ – LIENS AND CLAIMS
5&1 The GENERAL CONTRACTOR shall protect and hold all property of the OWNER free from all liens! charges and other encumbrances& 5& Dpon receipt of a notice from the OWNER, the GENERAL CONTRACTOR shall discharge or cause to be discharged all liens! charges or other encumbrances attaching to or upon any materials! tools! e9uipment or other items provided by the GENERAL CONTRACTOR for use for or in connection with the performance of the PROJECT which in the opinion of the OWNER may adversely affect the performance by the GENERAL CONTRACTOR of its obligations under this AGREEMENT& 5&; The OWNER may discharge any lien! charge or other encumbrances and may deduct from payment due to the GENERAL CONTRACTOR or recover by other means as a debt due from the GENERAL CONTRACTOR all costs and expenses reasonably incurred in so doing&
ARTICLE "0 # MISCELLANEOUS
>&1 The GENERAL CONTRACTOR hereby holds the OWNER free and harmless from any and all claims for damages or liabilities which may be brought by any third person whomsoever by reason of this AGREEMENT including its implementation! or the non#observance of any rule! law! statute! ordinance! regulation or covenant herein contained& >& Any notice! demand! re9uest! or other communication under this AGREEMENT shall be in writing and shall be deemed to have been duly given or made 6a8 if made by hand delivery! when delivered! 6b8 if sent by ordinary mail! seven 6F8 calendar days after being deposited in the mails or by registered mail! upon actual receipt thereof as stated in the registry card! postage prepaid! and 6c8 if sent by facsimile to a facsimile receiver at the proper number of a party hereto as specified below! when receipt is ac)nowledged! addressed as follows:
/f to OWNER:
LEE MENG KONG 567 GRACE EVANGELINE M. STA ANA SM D898;*<86= C;>*;>5=?;6 1/TH F;;> T@; E#;< C86=8> J.W. D?;6; B97. ;>68> H5>;> D>?98 M5 ; A-?5 C;<*8, P5-5 C?= FA: 2/$#&"&$ L;5 11/"
/f to CONTRACTOR:
________________________________________ _________________________________________
_ ______________________________________ _______________________________________ FA : _______________________ >&; Any payment or failure of the OWNER to enforce its rights and privileges under this AGREEMENT shall not be construed as a waiver or renunciation of such rights and privileges& >&? .o payment! failure or neglect on the part of the OWNER to exercise or enforce any of its rights! privileges or remedy and no single or partial exercise thereof shall preclude any further or other exercise of such right or remedy it may have under this AGREEMENT&
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>&5 -ave where the AGREEMENT expressly provides to the contrary! every right and remedy provided in the AGREEMENT for the benefit or in favor of the OWNER are cumulative and shall not exclude any other right or remedy provided in the AGREEMENT or by law or e9uity& "0.0 The OWNER underta)es to extend to the GENERAL CONTRACTOR such assistance as the parties may agree upon from time to time in the event that domestic or foreign letters of credit need to be obtained by the GENERAL CONTRACTOR in the procurement of its materials and supplies for the WORKS&
>&F This AGREEMENT is binding upon the parties and their respective successors#in interest& IN WITNESS WHEREOF, the parties hereto! have hereunto affixed their signatures to this AGREEMENT on this ___________ day of _____________ at _______________ Philippines&
SM DEVELOPMENTCORP.
*y:
___________________________________ ________________________________
*y:
LEE MENG KONG -r& 2ice#President
________________________ _______________
GRACE EVANGELINE M. STA ANA 2ice President
JOEL T. ONG 2ice President
SIGNED IN THE PRESENCE OF:
_________________________
_________________________
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ACKNOWLEDGMENT
"PD*@/$ 0 T+" P+/@/PP/."- 8 ______________________________8 -&-& *"0" ,"! this ____day of _____________at ___________________ Philippines! personally appeared: N5<8
@ee ,eng Jong %oel T& 0ng =race "vangeline ,& -ta Ana
I786=??5=?;6 D;<86='N<8> (CEI+
D5=8'P58 I--87
T/. : CCC#>C1#?FC T/. : 11C#CF#;5? T/. : 1>C#;C#G1>
_____________________ _____________________ _____________________ Jnown to me and )nown to be the same persons who executed the foregoing instrument and ac)nowledged to me that the same is of their free and voluntary act and deed and of the entities herein represented& /t is further certified that the foregoing instrument refers to a $onstruction Agreement consisting of twenty 6C8 pages including this page on which the ac)nowledgement is written with all pages duly signed by the Parties herein and their instrumental witnesses at the proper places and duly impressed with my notarial seal& WITNESS MY HAND AND SEAL
.0TAE PD*@/$
(oc& .o& ____ Page .o& ____ *oo) .o& ____ -eries of C1?
______
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