2019 SERVICE MINING CONTRACT

KNOW ALL BY MEN BY THESE PRESENTS:

This contract is made and entered this ____________________ at Surigao city by and between:
SYMERA MINING & DEVELOPMENT CORPORATION., with principal office address at, CAGA2,
PGMC, Claver, Surigao Del Norte, represented herein by its president & chairman JOHAN MICHAEL
A. BEUKEN & RAYMOND JAMES T. YOUNG., herein after referred to as the FIRST PARTY. SUBCON
NAME a company duly organized and existing under the laws of the Republic of the Philippines, with
office address at ________________________
_______________________________________________________., represented herein by SUBCON
REPRESENTATIVE., of legal age, Filipino, Married referred to as the SECOND PARTY.

WITNESSETH THAT

WHEREAS, as the FIRST PARTY, is the operating General contractor of PGMC Nickel project at
Claver, Surigao Del Norte.

WHEREAS, the SECOND PARTY, is desirous to provide hauling and loading services to the
FIRST PARTY.

WHEREAS, as the FIRST PARTY, has accepted the SECOND PARTY to render the service
required by the FIRST PARTY subject to the condition herein after set forth;

NOW THEREFORE, for and in consideration of the foregoing premises, the parties here have
agreed to enter into a contract of loading and hauling nickel ore to provide the following terms and
conditions.

1.EQUIPMENT REQUIREMENT

The services agreed upon are the supply of the following equipment for the loading and hauling;

Minimum of 18 cubic dump truck

• Side Exhaust

• Number of units to be operating

2. SCOPE OF WORK
 The SECOND PARTY shall provide loading and hauling services of Nickel Ore materials and shall
be responsible for mining the ore from mine pit to mine yard, stockpile area and deliver the same to the
barge or LCT after the ore has been properly prepared and cleared for shipping.

Loading and hauling works specified by the FIRST PARTY at the following rates:

A. ORE TRANSFER
• LOADING AND HAULING – PHP 20.00 Per Cu.m per truckload per kilometer ( Any grade )

B. BARGING
• LOADING AND HAULING – PHP 17 per cu.m per truckload per kilometer ( Any Grade )

C. WASTE STRIPPING
• WASTE LOADING – PHP 13.00 per cu.m per truckload
• WASTE HAULING – PHP 15.00 per cu.m per truckload per kilometer

D. BOULDER HANDLING
• BOULDERS LOADING – PHP 14.00 per cu.m per truckload
• BOULDERS HAULING – PHP 24.00 per cu.m per truckload per kilometer distance.

F. RENTAL
A. EXCAVATOR – PHP 20.00 per cu.m per truckload (AVG 40 truckloads/ day )

NOTE:

1. The given is VAT inclusive

2. The Corresponding distance per each destination is established for billing purposes.

3. BILLING PERIOD AND PAYMENT TERMS.

Billing period shall be every 15th and 30th of the month. Payment shall be WITHIN fifteen (15)
working days from submission of billing statement.

4. LIABILITY LIMITATIONS FIRST PARTY liability with respect to the contract shall be limited only to
the SECOND PARTY and shall not extend to its employees and other parties.

5.
For the safety of the facilities, vessels and personnel, SECOND PARTY shall strictly follow the
rules and regulations imposed by the Bureau of Customs, Philippine Port Authority, Bureau of Mines,
PGMC and SYMERA MINING & DEVELOPMENT INC.

Further, the SECOND PARTY shall abide with the basic Occupational Safety Health Standards
being implemented by the Department Of Labor and Employment and the Company.
 The SECOND PARTY shall be fully liable for any loss or injury to the person and damage to the
property that arises during its performance of this agreement.

6. ENVIRONMENT The SECOND PARTY shall ensure that the environment is properly protected
through compliance of Environmental Management Bureau guidelines. Heavy smoke belching, oil
leaking, dilapidated and defective tires are NOT ALLOWED to HAUL.

7. OTHERS
1. FIRST PARTY shall provide are for barracks and repair shop; with access to power and water
lines at minimal cost.

2. SECOND PARTY shall provide data and registration certificates and special power of attorney
to operate (for not owned equipment), for each equipment brought in the sites; SECOND PARTY
ensures to have direct agreement with owners for any non-owned equipment.

3. SECOND PARTY shall at its own cost and expenses comply with the provision for the
minimum wage law, COLA, ordinance and regulation of any national, provincial, municipal or other
government authority; and shall maintain SSS and Phil Health coverage for all its employees including
the payment of premium of workers compensation, Medicare and other benefits required by all existing
labor laws.

4. SECOND PARTY shall ensure that the personnel involved shall be at least 18 years of age; this
is the safety of its personnel and for the protection of the minors; with no derogatory records; and of
good health.

5. SECOND PARTY shall furnish FIRST PARTY complete records of personnel including
submission of copies of drivers.

6. SECOND PARTY shall ensure sufficient insurance coverage to protect itself from other claims
for damages or personnel injury including death, which may arise from operations under this contract,
Copy of such insurance shall be filed with the FIRST PARTY and shall be subject to its approval as to
adequacy or protection.

7. The FIRST PARTY shall provide fuel at from its depots at the main site to the account of the
SECOND PARTY deductible from his billing AT A PRICE OF _______/ liter.

8. The SECOND PARTY must also be duly registered with the Bureau of Internal Revenue (BIR)
and is issued approved BIR official receipts to be issued for it’s collections.

9. The SECOND PARTY needs to comply the R.A 9993 (Philippine Coast Guard law of 2009)
permitting the PCG to conduct pre-departure inspection and verification in compliance with safety
standards.

10. The SECOND PARTY shall submit to the FIRST PARTY, a list of all their employees,
indicating designation, employment status, contact number and recent address every first week of the
month. The FIRST PARTY shall then submit the list to PGMC (Through its Human Resources
Department) for validation purposes. The PGMC-HR shall issue an official sticker to be attached to the
valid ID CARD of the employee. Any Contractor/ Sub-Contractor employee without such issued sticker
shall be denied access to PGMC camp site and Mine Site.

8. CONTRACT EFFECTIVENESS AND TERMINATIONS

This contract shall take effect for the year 2019 mining season operations only and may be extended
and renewed by mutual agreement of both parties.

Violation of any terms and conditions herein agreed is a ground for terminations of the
CONTRACT without prior notice. In case the SECOND PARTY fails to perform the works specified in this
contract without any reasonable justification, failure to observe mine safety rules and regulations,
fraudulent acts committed by the SECOND PARTY.

Faxed/ Emailed contract has the same force and effect as the original contract.

IN WITNESS WHEREOF, the parties hereunto affix their signatures this

______________________ in Surigao City, Philippines.

SYMERA MINING & DEVELOPMENT CORP. SUBCONTRACTOR

SIGNED IN THE PRESCENCE OF

___________________________________ ____________________________________
 ACKNOWLEDGEMENT

REPUBLIC OF THE PHILIPPINES

CITY OF SURIGAO

Before me, a notary public for and in Surigao City, Surigao Del Norte on this ____________ day of
___________ 2017, appeared the foregoing affiants who exhibited to me their competent proof of
identity as follow:

NAME IDENTIFICATION ISSUED ON ISSUED AT

Who are both duly authorized and representing their respective company. Known to me and to me
known to be the same persons who execute the foregoing instrument and they acknowledged to me
that the same is their free act voluntary deed.

This instrument is consisting of five (5) pages including this page where the acknowledgement is
written, have been signed by the parties and witnesses on each and every page thereof.

WITNESS MY HAND SEAL on the date and place above written.

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