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HAULING SERVICES CONTRACT

KNOW ALL MEN THESE PRESENTS: This Contract made, executed and entered into this __day of _________, 2012 by and between: ________________, a company duly organized and existing with main and postal address at_________________________________, represented herein by______________, and the Financier and Sub-Contractor of the Hauling Contract hereinafter referred to as the FIRST PARTY; -And-

___________________________, a respected person with address at___________, _________and with his authorized Representative________________________ hereinafter referred to as the SECOND PARTY.

WITNESSETH:

WHEREAS, the First Party has a Hauling Project of Nickle and Lahar in which materials will be taken from the Quarry Site at Botolan, Zambales, and will be delivered to Botolan, Zambales; WHEREAS, the First Party hereby warrants, guaranty and bind herself to have this hauling project ready for immediate operation and deployment of excellent conditions of Dump Trucks; WHEREAS, the Second Party hereby intends to enter into a Hauling Agreement which is the hauling of Nickle and Lahar; WHEREAS, the Second Party represents that is capable of employing the transport needs of the First Party and has agreed to supply the needed 50 units of A-1 conditioned Dump Truck units with Drivers and Helpers and are ready for deployment;

NOW, THEREFORE, for and in consideration of the foregoing stipulations, terms and conditions hereunder stated, the parties hereto hereby agree as they agreed as follow

ARTICLE I Terms and Conditions

1. The First Party and Second party hereby mutually agreed to sign this agreement. 2. The Project Profile are as follows: Scope of Works Materials Quarry/Loading Site Dumping Site/Delivery Site Distance : : : : : Hauling ONLY Nickle and Lahar Botolan,Zambales Botolan, Zambales 28 to 30 kms from Quarry to Dumpsite

Hauling Rate Diesel Billing and Payment No. of Trips a Day

: Php 170.00 per cubic : Deductible on weekly billing : Weekly Payment / On Line Payment : 15 cbm per load Reqt- 4 trips a day : Free Bank house for Drivers/ Helpers

Operation Time

: 6 am to 6 pm ( one (1) yr contract *Renewable)

ARTICLE II Other Terms and Conditions 1. That the effectivity of this Contract shall be binding only after all the terms and conditions are met as stipulated herein below follows to, wit: 1.1 After signing of this Contract/Agreement. 1.2 After submission of complete documents as per requirement for the hauling operation. 1.3 After ocular site inspection of quarry and delivery site. 1.4 After checking and inspection of units to be used in this particular project of operation. 1.5 After the above conditions has been accomplished the Notice to Proceed shall be issued prior to mobilize the units.

2. That should either party violate this Contract/Agreement the aggrieved party has the right to Terminate this contract without prior notice and shall be construed considered as null and void. 3. In case of Force Majeure, both parties shall not be obliged to comply with their obligation in this agreement due to acts of God, Govt Authorities and its Agencies, Insurrections, Strikes, Natural Calamities or any cause which beyond the agreement of both parties. 4. That both parties, in the event of dispute or disagreement, shall resolve it to their mutual satisfaction, however, if constrained to resolve it to court action, the aggrieved party, has an option to do so, to safeguard its rights and interests under this agreement. That the SECOND PARTY shall hold the FIRST PARTY free and harmless from any claims for damages, injuries as a result of an accident and financial benefits of the SECOND PARTYS employees, staff, drivers and helpers. Nothing herein shall be construed to establish an employer-employee relationship between the FIRST PARTY and the SECOND PARTY. That the SECOND PARTY shall hold the FIRST PARTY free from any obligation to Truck Owners since they are authorized to receive payments from the FIRST PARTY, therefore they are held liable to Truck Owners directly.

ARTICLE III Confidentialilty/Non-Circumvention/Non-Disclosure

BOTH PARTIES mutually agree that they will not, at any time hereafter, attempt in any way to make direct indirect contact with any of the principals of the parties herein and all other parties involved in the project, nor shall the SECOND PARTY enter into any contractual agreements with other parties of the same hauling services of the same project using the same Dumptrucks subject of this contract without consent of the FIRST PARTY. This Clause shall remain in full force and effect for the entire term of the agreement. All Parties involved herein shall treat this Agreement with utmost confidentiality and shall never disclose it to other non-party to the project. This Contract, shall remain valid and executory unless terminated with their mutual respect and understanding.

IN WITNESS WHEREOF, we have affixed our signatures this ___ day of June, 2012 at ____________________________________________________________. First Party Second Party

SIGNED IN THE PRESENCE OF:

Witness

Witness

ACKNOWLEDGMENT
REPUBLIC OF THE PHILIPPINES _____________________________ BEFORE ME, a Notary Public for and in _________________, this ____ day of _____, 2012 Personally appeared the following persons: Name __________________________ __________________________ CTC No. _____________________ _____________________ Date/Place Issued __________________________ __________________________

Known to me and to me known to be the same persons who accepted the foregoing instrument and acknowledged to me that the same is their free and voluntary act and deed. WITNESS MY HAND SEAL.

NOTARY PUBLIC Doc. No. ____________; Page No. ____________; Book No. ____________; Series of 2012

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