Memorandum of Agreement
Memorandum of Agreement
Memorandum of Agreement
THIS AGREEMENT made and entered into this _____ day of _____________,
2022 by and between:
Agnes Yabut represented by Oscar Yabut, with postal address at Brgy. Pugo
Cecilio, Sta. Ignacia, Tarlac, the party of the First Part, hereinafter called the
OWNER;
-AND-
WITHNESSETH:
That the Owner and the Contractor, for and in consideration of the covenants,
agreement and stipulation set forth, do hereby agree as follows:
3.01 The Owner agrees that for and in consideration of the faithful
performance by the Contractor of this Agreement, Owner shall pay to the
Contractor, in a manner provided hereinafter, the amount/share of Sixty Percent
(60%) Net. Further, the Owner shares from the Gross Profit is Forty Percent
(40%) Net.
5.01 The Contractor shall and thereby warrants all work performed by her
directly and for which guarantee are required.
5.02 The Contractor shall and thereby warrant and/or guarantee for a period of
three (3) years, or for longer periods where so provided in Specifications, as
evidence by date of final certificate issued by the Architect/Engineer, that all
materials and workmanship installed under Agreement to be of good quality in
every respect and to remain so for periods described herein.
5.03 Should any defect develop in aforesaid work, within the specified periods,
due to faults in material and/or workmanship, the Contractor thereby agrees to
make all repairs and do all necessary work to correct defective work to the
satisfaction of the Architect/Engineer. Such repairs and corrective works shall be
done without cost to the Owner and at entire cost and expense of the Contractor
within five (5) days after written notice to the Contractor by the Owner.
5.04 In case the Contractor fails to do the work, so ordered, the Owner may
have the work done and charge the cost thereof against any amount retained as
provided for in the Agreement and, if said retained money/share shall be
insufficient to pay such cost, or if no money/share is available, the Contractor
and her personal properties shall pay to the Owner the cost of such work.
5.05 All the foregoing are without prejudice to the right of the Owner under
the New Civil Code, and other applicable laws.
The Parties to this Agreement hereby agree to full performance of the covenants
constrained herein.
IN WITNESS WHEREOF, the Parties to this Agreement have on the day and
year first above given, hereunto set their hands at the bottom of this page and on
the left-hand margin of all the other pages of this Agreement.
AGNES YABUT
ACKNOWLEDGMENT
Notary Public