ADDEDNDUM TO MEMORANDUM OF AGREEMENT

KNOW ALL MEN BY THESE PRESENTS:

This Addendum to the Memorandum of Agreement, (the ADDENDUM),
is entered into by and between XXX BUILDERS COMPANY, referred to herein
as XXX, a private corporation duly organized and existing under and by virtue
of the laws of the Republic of the Philippines and XYZ CORP, referred to herein
as XYZ, a government owned and controlled corporation duly created and
existing under and by virtue of the laws of the Republic of the Philippines
WITNESSETH THAT:
WHEREAS, the PARTIES hereto entered into a Memorandum of
Agreement (ORIGINAL MOA) dated ___ for the transfer of ownership of all
the water system facilities within the BEAUTIFUL PROJECT (the PROJECT)
from XXX to XYZ, said MOA is hereto attached as Annex B;
WHEREAS, there are engineering works in the ORIGINAL MOA that
remain to be implemented by XXX to enable XYZ to provide individual water
service connection to the households in the PROJECT;
WHEREAS, as of this date, more than Four Thousand (4,000) houses
have already been occupied in the PROJECT;
WHEREAS, the households who are families relocated to the PROJECT
by the National Government through ABC are in urgent and desperate need
for potable water service;
NOW, THEREFORE, for and in consideration of the foregoing premises
and in addition to the responsibilities enumerated in the ORIGINAL MOA, and
to expedite the provision of water supply to the households in the PROJECT,
the parties hereto hereby agree as follows:
1.

XYZ
shall
advance
the
cost
of
the
necessary
fittings/appurtenances, other incidental materials and labor and
perform the works necessary to activate the remaining portions
of the water supply system of the PROJECT per previously
approved plans. The actual cost of the fittings/appurtenances,
other incidental materials and labor shall be reimbursed by
XXX to the XYZ within one (1) month from its receipt of
billing/statement of account from XYZ, unless a different period
is provided for by XYZ in the Billing Statement/Statement of
Account.

2.

XYZ shall advance the cost of installation of new service

connections and shall accept and process new service
connections every week until all households are provided
individual service connections, subject to the following
conditions:
1.1 XXX
shall pay XYZ the cost of installation of
new service connections computed at the flat rate
of Pesos Pesos (PhP xxx) per service connection.
1.2 Such payment shall be made by XXX within two
(2) months from its receipt of billing/statement of
account from XYZ, unless a different period is
provided
for
by
XYZ
in
the
Billing
Statement/Statement of Account.
1.3 Non-issuance of payment by XXX to XYZ within
the period so provided shall give XYZ the ground

Ref. C:/Addendum_San Jose del Monte Heights

Page 1

Draft: Feb 17, 2016

MEMORANDUM OF AGREEMENT
to defer the installation of new service
connections to the PROJECT until ANY of the
following had been fulfilled:
1.3.1 full payment for outstanding billing
statements has been made by
XXX; or
1.3.2 XXX

has issued a Deed of

Assignment in favor of XYZ to
collect from
ABC the
reimbursable
expenses
for
service installation cost.

3.

The responsibilities set forth in this ADDENDUM shall not affect

the provisions of the ORIGINAL MOA which shall continue to
be in full force and effect in accordance with its terms.

IN WITNESS WHEREOF, the parties hereto have hereunto set their

hands this ___________ day of ____________ 2016, in _____________________
Philippines.
XXX BUILDERS
COMPANY
By:

XYZ
By:

PEDRO PENDUKO
President

ANNIE BATUMBAKAL
President
Signed in the presence of:

(ACKNOWLEDGMENT)

Ref.C:/Addendum_San Jose del Monte Heights

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Draft: Feb 17, 2016