Sunteți pe pagina 1din 2

RETAINER AGREEMENT

KNOW ALL MEN BY THESE PRESENTS:

This AGREEMENT is made and entered into by and between:

AIR MATERIEL WING SAVINGS AND LOAN ASSOCIATION INC., a duly organized corporation
existing by virtue of and under the laws of the Republic of the Philippines, with office address at Corner
Boni Serrano and 18th Avenues, Murphy, Cubao, Quezon City, represented by its Chairman and
President, COL THADDEUS P ESTALILLA PAF (RET), hereinafter referred to as
“AMWSLAI”;

and

BROTO CU GOTOHIO LAW OFFICES (formerly Jumamil Broto Cu & Gotohtio Law Offices),
represented by its Partner, ATTY ROBESPIERRE S CU, with office address at 20-C Burgundy
Corporate Tower, 252 Sen Gil Puyat Ave., Makati City, hereinafter referred to as the “BCG Law
Offices”;

WITNESSETH, That:

WHEREAS, AMWSLAI requires the services of a law firm to provide legal services to AMWSLAI;

WHEREAS, the BCG Law Offices has represented that it has the requisite professional knowledge, experience and skill to
advise and assist the AMWSLAI in achieving the aforestated objectives;

WHEREAS, in light of the aforementioned, AMWSLAI desires to engage the services of the BCG Law Offices;

NOW, THEREFORE, for and in consideration of the foregoing premises and the mutual covenants herein contained, the parties
agree as follows:

1. SCOPE OF AGREEMENT

a. Effectivity: 01 April 2019 to 31 March 2020.

b. Duration: One year, automatically renewed on an annual basis. This retainer may be terminated by either party by
serving a 60-day advance written notice upon the other prior to its termination date.

c. Retainer Fee: FIFTY THOUSAND PESOS (P50,000.00) per month, subject to adjustment upon mutual consent as
work develops.

d. Services covered by the regular retainer fee:

d.1. Legal counseling, consultation and rendering legal opinions, subject to paragraph d.5 hereof;
d.2. Reviewing contracts and other legal documents with suggestions, whenever warranted;
d.3. Assisting in any contract negotiation, conference or business transaction, subject to paragraph d.5 hereof;
d.4. Providing legal information and upon request, copies of new laws, rules and regulations, and other
documents with comments and/or instructions, if necessary, whenever any such information, law, rule,
regulation or document may significantly affect the Association’s business; and
d.5. Other services which a lawyer customarily renders for a client in the ordinary course of the association’s
business.

e. Services not covered by the regular retainer fee, thus, subject to separate billing:

e.1. Court litigations, quasi-judicial cases, administrative investigations and similar proceedings;
e.2. Major contract preparations involving extended negotiations, and any official representation in your behalf
with any government office or entity concerning any official transaction in which the Association is interested;

e.3. Written and exhaustive legal opinions; and


e.4. Documentation and/or notarization of contracts and compliance with legal requirements of government
agencies.

f. For conferences or actual appearances of any of the lawyers before any court, investigating official or body, or
quasi-judicial officer or tribunal, BCG Law Offices will bill an appearance fee of Ten Thousand Pesos (P10,000.00)
for every attending lawyer if the venue is in Metro Manila, and at least Twenty Thousand Pesos (P20,000.00) if
outside Metro Manila.

BCG Law Offices being a general professional partnership (GPP) is NOT subject to expanded withholding tax
pursuant to Section 2.57.5 of Bureau of Internal Revenue’s (BIR) Revenue Regulations 2-98 and Revenue
Memorandum Circular (RMC) No.3-2012. Pursuant to RMC No.60-2014, presentation of a tax exemption certificate
of ruling does not apply to GPPs.

g. Expenses: Out-of-pocket expenses which BCG Law Offices shall necessarily incur in the interest of AMWSLAI such
as but not limited to reproduction of documents, transportation, board and lodging on out-of-town assignments,
filing fees and other expenses of litigation, shall be for the account of the Association and shall be reimbursed to
BCG Law Offices upon presentation of proper invoices or other evidence of actual expenditure.

Renewal of Retainer Agreement between AMWSLAI and BCG Law Offices Page 1 of 2
h. Payment: Every 5th day of the succeeding month.

2. RELATIONSHIP OF THE PARTIES

It is agreed that AMWSLAI and BCG Law Offices are doing business on their own account and that the
Agreement does not establish any employer-employee relationship between the BCG Law Offices and the accountants,
bookkeepers, drivers, messengers and other administrative personnel of AMWSLAI during the period of the Agreement.

3. CONFIDENTIALITY

The BCG Law Offices shall keep confidential and shall not, unless authorized in writing, directly or indirectly,
use, divulge, disclose or communicate to any person, firm or company any secret and confidential information about
AMWSLAI which shall come to his knowledge during its engagement.

The term “secret and confidential information” extends to all knowledge and information relating to information
acquired during and relative to his consultancy as well as business activities, operations, organizations, finances and
dealings of and concerning AMWSLAI and/or any of its associated companies.

Without regard to whether all of the foregoing matters will be deemed confidential, material or important,
AMWSLAI and BCG Law Offices stipulate that as between them, the same are important, material and confidential and
gravely affect the effectiveness and successful conduct of the business of AMWSLAI, its interests and goodwill and that
any breach of terms of this clause shall be a material breach of Agreement.

4. GENERAL PROVISION

The Agreement is personal in nature and may not be assigned by either party without the prior written consent
of AMWSLAI and BCG Law Offices.

IN WITNESS WHEREOF, the parties have hereunto affixed their signatures this _____ day of
__________________________, 2019 in Quezon City.

AIR MATERIEL WING SAVINGS AND BROTO CU GOTOHIO


LOAN ASSISTANCE SERVICES INC. LAW OFFICES
(AMWSLAI) (BCG Law Offices)

By: By:

COL THADDEUS P ESTALILLA PAF (RET) ATTY ROBESPIERRE S CU


Chairman and President Managing Partner

Signed in the presence of:

_____________________________ ___________________________

ACKNOWLEDGMENT

REPUBLIC OF THE PHILIPPINES)


_____________________________ )

BEFORE ME, a Notary Public for and in _____________, this ___ day of _________ 2019, personally appeared the following
parties with their respective Competent Evidence of Identity, to wit:

THADDEUS P ESTALILLA TAX IDENTIFICATION NO. 160-045-435-000


ROBESPIERRE S CU ______________________________________

known to me and to me known to be the same persons who executed the foregoing instrument and acknowledged to me that the same
is their free and voluntary act and deed of the corporation/institution they respectfully represent.

The foregoing instrument relates to Retainer Agreement has been signed in the left hand margin of the page thereof by the parties
and their instrument al witnesses and sealed with my notarial seal.

IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my notarial seal on the date and at the place first above-
written.

Doc No._______
Book No.______
Page No.______
Series of 2019.

Renewal of Retainer Agreement between AMWSLAI and BCG Law Offices Page 2 of 2

S-ar putea să vă placă și