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CONTRACT FOR CONSTRUCTION/INSTALLATION SERVICES

KNOWN ALL MEN BY THIS CONCERN:

This agreement entered into and executed this _________________ at


Davao City.

DJAS SERVITRADE CORPORATION, a corporation duly


organized and existing under and by virtue of the laws
of the Philippines, registered to do business at 2F, SF
Building, Inigo St., JP. Laurel Avenue, Barangay 18-B,
Bajada, Davao City, Philippines, represented herein by
its owner JENNIFER JOY C. SUBANG, hereinafter referred
to as the “CONTRACTOR”;

- and -

TREN2 AGRI INDUSTRIES, INC., a corporation duly


organized and existing under and by virtue of the laws
of the Philippines, with principal address at Barangay
Madaum, Tagum City, Davao Province, herein
represented by its Operations Manager VINCENT T. LIM,
hereinafter referred to as the “CLIENT”;

W I T N E S S E T H:

WHEREAS, the CONTRACTOR is engaged in the business of installation of


cable way and overhead cable cropping services.

WHEREAS, the CLIENT is developing a banana plantation in Trento,


Agusan del Sur and has an on-going rehabilitation of its overhead cable
cropping (OHCP) for 100 hectares in Farm 1, to include the conversion of the
same to cross-guying.

WHEREAS, the CONTRACTOR offers to install an overhead cable


propping (OHCP), and to convert the same to cross-guying to the CLIENT, and
the CLIENT accepts such offer under the terms and conditions herein stipulated;

NOW THEREFORE, for and in consideration of the foregoing premises, the


parties hereby agree as follows:

I. Subject Matter
The work is generally described as the installation of an overhead cable
propping (OHCP) for 100 hectares in Farm 1, to include the conversion
of the same to cross-guying as stated on the design, specifications and
scope of work from the CLIENT.

II. Scope of Work

The work consists of the following specific work items:


GENERAL REQUIREMENTS

1. Materials Handling

The area is planted with banana trees spaced at least 1.80m in a


flat topography. When handling materials on site, ensure that the
existing plants and fruits would not be thumped nor stricken. In
delivering materials in bulk, the contractor shall provide its own
temporary facility or storage. No materials should be left
unattended on site to prevent reports of theft or accidents
resulting from that action.

CIVIL WORKS

1. Excavation Works

In excavating for the footing of post, the hole should be


approximately 4” ɸ and 1.00m deep. The recommended method in
excavating is by using manual hole digger to avoid damage in
surrounding banana trees and fruits.

2. Overhead Cable Propping

The end post shall be a 3” ɸ g.i. pipe x 20ft with concrete filling. The
location and the distance of the end post shall be 25.00 meters and
50.00 meters (please see layout). On distinct sections where the
outline is irregular, the given plan shall be followed.

The anchor block shall be attached to every end post. Use at least
one anchor block for every end post located at the side and two
anchor blocks for every end post on corners. The size of the anchor
block shall be 0.20m x 0.30m x 0.60m concrete, reinforced with
16mm dia main vertical bars spaced at 200mm and 9mm lateral ties
spaced at 150mm.

The guying wire to be used shall be 4mm Belgium wire or


equivalent. The guying wire shall be continuous from end post to
end post. Before strapping to the post, the wire should be properly
tensioned to ensure strength and stability of the overhead cable
propping.

III. Duration of Agreement:

The work to be performed by the CONTRACTOR shall be


completed within seven (7) months from the signing of contract or start
of construction, whichever comes first.

Any party can pre-terminate this Agreement, with or without


cause, by giving the other party 10-days written notice prior to the
intended termination date.

IV. Price and Payment Terms

For and in consideration of the faithful and satisfactory


fulfillment of the contract by the CONTRACTOR in accordance with the
terms and conditions of all contract documents, the CLIENT shall pay
the CONTRACTOR in Philippine Currency the sum of THIRTEEN MILLION
FOUR HUNDRED NINETEEN THOUSAND THREE HUNDRED NINETY FIVE PESOS
(P 13,419,395.00).
Payment shall be in accordance with the following conditions:

a. Thirty percent (30%) of the Total Project Cost in the


amount of FOUR MILLION TWENTY FIVE THOUSAND EIGHT HUNDRED
EIGTHEN PESOS (P 4,025,818) shall be paid by the CLIENT to the
CONTRACTOR upon commencement of Work.

b. The payment of 60 % of the total project cost shall be made


on a progressive billing.

c. The remaining 10 % or the amount of ONE MILLION THREE


HUNDRED FOURTY ONE NINE HUNDRED THIRTY NINE PESOS
AND 50/100NINETEEN (P 1,341,939.5) shall be retained by the
CLIENT and will be released only after issuance of Certificate
of Completion by the CLIENT.

d. The CONTRACTOR shall, under his name and at his own


expense, obtain and maintain, for the duration of this
Contract, the following insurance coverage: (1) Contractor’s
All Risk Insurance; (2) Transportation to the Project Site of
Equipment, Machinery, and Supplies owned by the
Contractor; (3) Personal injury or death of Contractor’s
employees’ and (4) Comprehensive insurance for third party
liability to Contractor’s direct or indirect act or omission
causing damage to third persons.

V. Responsibilities of the Parties

A. The CONTRACTOR shall supervise and direct the work using


Contractor’s best skill and attention. The CONTRACTOR shall be
responsible for all construction/installation means, methods,
techniques, sequences and procedures and for coordinating all
portions of the Work under the Contract.

B. The CLIENT shall issue all instructions to the CONTRACTOR.

VI. Other Terms and Conditions

A. Amendments

No amendment, supplement or other modification to any


terms of this Contract (other than amendments and other
modifications to the representations and warranties and
schedules made by the CONTRACTOR that are expressly
permitted or contemplated by this Agreement), or termination
of this Contract (other than as expressly provided in this
Contract), shall be valid unless in writing and approved by the
Parties.

B. Entire Agreement

This Contract constitutes the entire agreement of the parties


relating to the subject matter addressed in this Contract. This
Contract supersedes all prior communications, contracts, or
agreements between the parties with respect to the subject
matter addressed herein, whether oral or written.
C. Severability
In the event any provision or part of this Contract is found to
be invalid or unenforceable, the Contract shall not be affected
thereby. The remainder of the provisions shall remain in full force
and effect and shall in no way be affected, impaired, or
invalidated.

D. Relationship of Parties
Neither party may bind the other in any way whatsoever to
anyone, except in accordance with the provisions of this
Contract.

E. Venue of Actions
The exclusive venue and jurisdiction for any action brought
by the CLIENT or the CONTRACTOR against the other shall be
brought only the juridical courts in Tagum City, to the exclusion
of all other courts.

IN WITNESS WHEREOF, we have hereunto affixed our signature this


_______________ in the City of Davao

DJAS SERVITRADE CORPORATION TREN2 AGRI INDUSTRIES, INC.


CONTRACTOR CLIENT

By: By:

JENNIFER JOY C. SUBANG__ ________VINCENT T. LIM_________


Owner/Proprietor Operations Manager

Signed in the presence of

_______________________ & _______________________


MAYNARD D. SALE

ACKNOWLEDGMENT

REPUBLIC OF THE PHILIPPINES)


IN THE CITY OF DAVAO . . . . . . . .) SS
X----------------------------X

BEFORE ME, a Notary Public for and in the City of Davao, personally
appeared the following:

NAME ID No. Date & Place Issued

ROGELIO JR SACRO HABARADAS

VINCENT T. LIM
Known to me and to me known to be the same persons who executed
the foregoing Agreement and acknowledged to me that the same are their
free and voluntary act and deed:

This CONTRACT consists of five (3) pages including the page in which
this acknowledgement is written and signed by the parties and their
instrumental witnesses on each and every page thereof.

WITNESS MY HAND AND SEAL, this ___________________________, Davao


City, Philippines.

Doc. No. _____:


Page No. _____:
Book No. _____:
Series of 2019.

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