MEMORANDUM OF AGREEMENTKnow It All Men By These Presents:This Memorandum of Agreement made and entered into this ____     ...
NOW THEREFORE, for and in consideration of the foregoing premises, the partieshereby agree and enter into this agreement u...
B.3     Prepare and implement CBST plans, policies and reports;       B.4      Provide staff and personnel to man the proj...
other communications between the parties in relation to the subject        matter contemplated herein. This agreement is e...
contrary to the terms of this agreement. It is specifically understood that           each party is an independent contrac...
_________________________                                 JEANETTE V. GARCIA                                    President ...
IN WITNESS WHEREOF, I have hereunto set my hand and seal on the date and placefirst above written.                        ...
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Iceta moa final

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Transcript of "Iceta moa final"

  1. 1. MEMORANDUM OF AGREEMENTKnow It All Men By These Presents:This Memorandum of Agreement made and entered into this ____ th day of February2012 at Puerto Princesa City, Philippines by and between:BUREAU OF CORRECTIONS with principal address at NBP Reservation, MuntinlupaCity, represented in this Agreement by its Director MR. GAUDENCIO S.PANGILINAN hereinafter referred to as the FIRST PARTY; -and-IWAHIG COMMUNITY ECOTOURISMASSOCIATION, Inc. (ICETA) an associationduly registered in the Securities and Exchange Commission (SEC) , Brgy. Iwahig,Puerto Princesa City, with principal place of business represented in this Agreementby its President MRS. JEANETTE V. GARCIA, hereinafter referred to as SECONDPARTY. WITNESSETH THAT:WHEREAS, Iwahig Communtiy Ecotourism Association, Inc. (ICETA) has beenorganized through the partnership and joint efforts of the City Government ofPuerto Princesa and ABS-CBN Foundation, Inc. (AFI) to implement and promoteFirefly Watching Ecotourism under the concept of Community Based SustainableTourism Project;WHEREAS, the Iwahig Community Ecotourism Association, Inc. (ICETA) iscommitted to ensure sustainable use, development, management, protection andconservation of the environment and natural resources and cultural heretage inBarangay Iwahig for the enjoyment of the present and future generations;WHEREAS, ICETA and the Bureau of Corrections (BuCor) are committed to bepartners in developing and promoting sustainable tourism that is designed to upliftthe socio-economic condition of concerned communities to improve their quality oflife and provide the visitors with a high quality of experience with nature;WHERAS, Iwahig Prison and Penal Farm as an operating unit of BuCor has ajurisdiction over an area of 28, 000 hectares including areas within the Iwahig Riverwhere the ICETA operates its ecotourism activities; 1
  2. 2. NOW THEREFORE, for and in consideration of the foregoing premises, the partieshereby agree and enter into this agreement under the following terms andconditions; I. GENERAL PROVISIONSThe parties agreed to establish Iwahig Firefly Watching Ecotourism, in pursuit of avision of making Puerto Princesa City a model of a sustainably developed city andworld class ecotourism destination where its people are living in harmony withnature. The Project shall have the following objectives to wit: a. To organize the communities and promote Community Based Sustainable Tourism (CBST); b. To develop and showcase the project as a model of sustainable development concept; II. SCOPE OF WORK AND OBLIGATION OF THE PARTIESA. BUCOR shall undertake the following: A.1. Allow the ICETA to manage the 2.8 kilometers length of Iwahig River commencing from the old bridge, likewise to develop the adjacent area having a total of more or less three hectares into an ecotourism destination; A.2 Provide assistance and guidance to the Peoples Organization – Iwahig Community Ecotourism Association, Inc. in implementing the CBST project; A.3 Implement policies beneficial to the development and progress of the project; A.4 Provide support, protect and rehabilitate the entire CBST project; A. 5 Commit to support the fund raising activities of the association; and A. 6 Provide staff to monitor project activities in Iwahig River and the adjacent areas of the ecotourism destination to ensure security.B. ICETA shall undertake the following: B.1 Immediately assumes the management of the project and the responsibility for promotion and utilization of Firefly Watching and Mangrove River Cruise’s Ecotourism Projects; B.2 Protect and rehabilitate the CBST site; 2
  3. 3. B.3 Prepare and implement CBST plans, policies and reports; B.4 Provide staff and personnel to man the project; B.5 Provide skills trainings for community members and in selected inmates of IPPF; NON-DISCLOSURE AND NON-COMPETITION All non-public, confidential or proprietary information relating to ICETA, their respective directors, officers, employees, whether written or oral and all other information which have been communicated as confidential information by ICETA to the BuCor, or which the BuCor may have access to in the course of and in connection with the performance of the project and this agreement shall be kept confidential by the BuCor and shall not be disclosed to any person even after the termination of this agreement.III. REPRESENTATIONS AND WARRANTIES The Parties represent and warrant to one another that: a. The execution, delivery and performance of this agreement have been duly reviewed and authorized by all necessary corporate and legal, legislative as well as the legislative branch and legal department of Bucor as required by the administrative procedures and will not result in any breach or violations of any of the existing charter, documents, contracts, procedures and authorizations; b. This agreement when executed constitutes valid and binding obligations on the party and shall be enforceable in accordance with its terms.IV. FORCE MAJEURE Neither party shall be deemed in breach of any term or condition hereof and shall not be liable or responsible to the other to the extent that its performance is materially delayed or hindered by reason or acts of God, war and or other disturbances beyond its reason.V. ENTIRE AGREEMENT This agreement is the complete and exclusive statement of the agreement between the parties, and supersedes all understandings or prior agreements, whether oral or written, and all representations or 3
  4. 4. other communications between the parties in relation to the subject matter contemplated herein. This agreement is executed by the parties for and in consideration of the terms and conditions stated herein.VI. SEVERABILITY If any provision/s of this agreement is/are found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, the validity or unenforceability of such provision shall not affect the other provisions of this agreement, and all provisions not affected by such invalidity or unenforceability shall remain in full force and effect. The parties agree to attempt to substitute for any invalid or unenforceable provisions such valid or enforceable provisions which achieves to the greatest extent possible the objectives of the invalid or unenforceable provisions.VII. WAIVER The waiver by either party of a breach of any of the provisions of this agreement by the other party shall not be construed as a waiver of any succeeding breach of the same or other provisions; nor shall any delay or omission by either party in exercising any right that it may have under this agreement operate as a waiver of any breach or default by the other party.VIII. AMMENDMENTS No modifications, amendments or supplements to this agreement shall be effective for any purpose unless made in writing signed by all parties. Waivers, approvals or consent hereunder by a party shall also be in writing.IX. NOTICE Any notice or other communication to be given under this agreement shall be in writing and shall be served by personal delivery or sending it by facsimile or prepaid post to the addresses of the parties specified in this agreement.X. RELATIONSHIP OF THE PARTIES Nothing contained in this agreement shall be construed as constituting or evidencing any partnership, agency or contract of employment between the parties. Neither party shall hold itself out 4
  5. 5. contrary to the terms of this agreement. It is specifically understood that each party is an independent contractor. XI. VENUE OF LITIGATION The venue of any action between parties to this agreement shall be brought solely and exclusively in the proper courts of Puerto Princesa City. XII. GOVERNING LAW This agreement shall be governed by and construed in accordance with Philippine Law. XIII. EFFECTIVE DATE AND TERM / DURATION The term of this MOA shall be 10 years (10) renewable for another ten years commencing upon the date of signing of the parties. Upon expiration of the MOA, the parties may enter into a renewal thereof subject to the terms and conditions and the undertakings that the parties may agree upon. XIV. TERMINATION OF AGREEMENT Seeing the nature of the activities involved no party hereto, shall terminate this MOA.IN WITNESS WHEREOF, the parties have hereunto signed this MOA this ___ th day ofFebruary 2012, at Puerto Princesa City.FOR: The Bureau of Corrections __________________________ GAUDENCIO S. PANGILINAN Director - BucorFOR: The ICETA, Inc. 5
  6. 6. _________________________ JEANETTE V. GARCIA President - ICETA SIGNED IN THE PRESENCE OF: GUILLERMO B. AYALA, MNSA DR. PATRIA GLORIA I. ORTEGA Officer in-charge, IPPF Project Manager-AFI/BK Ecotourism REBBECA V. LABIT HON. LAURA E. VENTURA City Tourism Officer Punong Barangay-Brgy. Iwahig ENGR. JOVENEE SAGUN City Planning and Development Officer ACKNOWLEDGMENTREPUBLIC OF THE PHILIPPINES)QUEZON CITY ) S.S.BEFORE ME, this ____ day of February 2012 at _____________ personally appeared thefollowing:Name CTC No. Date/Place IssuedGaudencio S. Pangilinan ____________ Muntinlupa CityJeanette V. Garcia ____________ Puerto Princesa Cityknown to me to be the same persons who executed the foregoing Agreement,consisting of 7 pages including this page wherein the acknowledgment is written,with instrumental witnesses and they acknowledged to me that the same is theirfree and voluntary act and deed, as well as of the corporation represented herein. 6
  7. 7. IN WITNESS WHEREOF, I have hereunto set my hand and seal on the date and placefirst above written. ______________________________Doc. No.___Page No. ___Book No. ___Series of 2011. 7

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