Memorandum of Agreement

MEMORANDUM OF AGREEMENT
KNOW ALL MEN BY THESE PRESENTS:
This Memorandum of Agreement (MOA) is made on this ___ day of , 2021 in Palawan City,
Philippines
By and between:

MELHAM CONSTRUCTION MANPOWER SERVICES a company organized and
registered under the laws of the Philippines with principal office address at Macasaet Street
Corner Abad Santos Street Barangay Maunlad Puerto Princesa Palawan Philippines , herein
represented in this Agreement by ROCHE V. BONGGAT , their Finace Head, hereinafter referred
to as “PARTY A”;
- And
_________________________ a company’s organized and registered under the laws of the
Republic of the Philippines, with business address _________________herein represented in this
Agreement by its Representative, ___________________ , herein referred to as “PARTY B”;
A. BACKGROUND
1. Smart Telecom was granted a franchise to operate the telco services in the Philippines
and to be able to deliver said services effectively.
2. Smart Telecom accredited, FIBERHOME ((Philippine branch) as one of their sister

company contractors for the cell-site construction projects. Distribution of construction
contracts, also referred to as Purchase Orders (POs), is by Region or Province and each
cell site is covered by one PO;
3. PARTY A has been engaged by the above companies as contractor for their projects within
the whole Philippine archipelago ;
4. PARTY A has the authority to assign and transfer the POs granted by above .
5. PARTY B is a construction company with financial capabilities and engineers, project

managers and workers who have vast experience in cell site construction and installation;
6. Party B is willing to accept the assignment of POs for construction of cell sites/data centers
exclusively and able to successfully execute the same.
B. AGREEMENTS
Foregoing premises considered and for valuable consideration the receipt of which is hereby
acknowledged by Party A, the parties herein agree as follows:
1. PARTY A hereby commits to assign to PARTY B at least their POs cell sites/data centers in
locations within Davao/Cavite Province and latter shall have the right of first refusal for
whatever POs that shall become available for said province; and upon signing of this
Agreement, a good will money of Php 150,000.00 per P.O awarded ( Tower Construction )
by PARTY A shall be granted by PARTY B to PARTY A;
2. Future construction POs intended for PARTY A from aforementioned Fiberhome can be
arranged by PARTY A to be issued directly to PARTY B , provided however that a 15% per
collection , from the gross project amounts shall be entitled to PARTY A by PARTY B..
However the consortium agreement of between parties for its Net Profit shall be 70 % - 30 %
in favor of PARTY B respectively.
3. Commitment to assign and transfer more POs shall be cancelled if PARTY B fails to
successfully and satisfactorily perform on any of its obligations as subcontractor for the
assigned projects; or if PARTY B commits any act detrimental to the credibility of PARTY A as
accredited subcontractor of the Fiberhome Smart Telecom.;
4. Both Parties shall exert their best efforts to ensure the success of the business but in the event
that there are conflicts or controversies in the course of business operations, all matters shall
be amicably settled as much as possible. If the aggrieved party is constrained to pursue legal
action, said party shall be entitled to reasonable legal costs including attorney’s fees.
5. Governing Law: This Agreement shall be governed by and interpreted under the laws of
the Republic of the Philippines.
IN WITNESS WHEREOF, the parties hereto have executed this Memorandum of Agreement
on the date and in the place written above.
FIRST PARTY SECOND PARTY

By: By:
ROCHE V. BONGGAT
MCMS FINANCE HEAD
Signed in the presence of:
HAROLD R MERCADO
____________________________ ___________________________

Acknowledgment

REPUBLIC OF THE PHILIPPINES )

CITY OF ) S.S.
BEFORE ME, this ____day of ________in the City of ______________________, Philippines,

personally appeared:

1. ROCHE V BONGGAT
2.
Known to me to be the same persons who executed the foregoing instrument, and they
acknowledged to me the same as their free act and deed.
This instrument consisting of two (3) pages, including this page on which this acknowledgement is
written, has been signed in the left margin on each and every page thereof by the parties and its
instrumental witnesses, sealed with notarial seal.
IN WITNESS WHEREOF, I have hereunto set my hand, the day and place above written.
NOTARY PUBLIC
Page No.
Book No.
Series of 2020

Memorandum of Agreement

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MEMORANDUM OF AGREEMENT

KNOW ALL MEN BY THESE PRESENTS:

2. Smart Telecom accredited, FIBERHOME ((Philippine branch) as one of their sister

5. PARTY B is a construction company with financial capabilities and engineers, project

FIRST PARTY SECOND PARTY

Signed in the presence of:

REPUBLIC OF THE PHILIPPINES )

BEFORE ME, this day of in the City of __________________, Philippines,

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