Agrrement Leo0001
Agrrement Leo0001
Agrrement Leo0001
CONSORflUM AGREEMENT
A.M. ORETA & CO., lNC. a corporation duly organized and existing under and
by virtue of the laws of the Republic of the Philippines with principal address at
397 M.H.Del Pilar St.,Baranga'y Maysilo, Malabon City, herein represented by its
Authorized Managing Officer,ARTEMIO M. SANTOS, hereinafter called to as
the First Party.
-and-
-and-
CHINA WU yl CO., LTD. a corporation duly organized and existing under and
by virtue of the laws of the Peroples Republic of China with principal address at
4ih Flr. Commodore Building, 422 Arquiza Street, Ermita, Manila herein
represented by its Marketing ttltanager-Philippine Eranch, FEIZHENG, hereafter
called to as the Third PartY.
WHEREAS, the parties believe that they can best maximized their chances
of
prequalifying for tire saiO public biclding and can satisfactorily prosgcute the
project
should they win and be awarded the contact by Bids and Award committee
for civil
if thev
works of the BAsEs coNVERsloN AND DEVELOPMENT AurHoRlrY-MAIN
pool their financial, equipment and lechnical resources necessary for the above-sated
purpose under a consortium agreement.
NOW THEREFORE, for and consirCeration of the foregoing promises and mutual
covenants hereinafter set forth, the Consortium agreed to establish, as they hereby
establish and constitute by and bretween themselves, a CONSORTIUM for the
exclusive purpose of qualifying for and participating in the foresaid public bidding of the
project and actually undertaking the construction work thereof should they successfully
win and eventually be awarded the contract, subject to the following terms and
conditions:
1. For all intents and proposes, the Consortium entity established hereby, shall be
Known as A.M. ORETA & CO., INC. . INTERNATIONAL BUILDERS
CoRPoRATTON - CH|NA WU Yr CO., LTD.{GON$ORTIUM}
4. The Parties shall be jointly and severally liable for any and all obligation which the
consortium may incur in relation to the contract which the said Consortium may
enter into with the BASES COilIVERSION AND DEVELOPMENT AUTHORITY-
MAIN.
5. The parties shall be jointly and severally liable for any and 9!l obligation which the
olo for A.M.ORETA & CO., lNC. and
Consortium may incur on tne b;asis of 40
35 OlO fOr INTERNATIONAL BUILDER$ CORPORATION ANd 25 YO fOT
CHINA WU yl CO.,LTD. for all the necessary capital, equipment, technical
personnel, management, supervir;ion and other efforts and resources for the proper
implemeniation of tne project irr the event that the Consortium is awarded the
contract for the said project, anrl further bind themselves at all times during the
existence of this Consortium, to extend to each other their respective fullest
cooperation and best effort towards the efficient and profitable construction of the
project in accordance with the approved plans and specification, and to complete
the same within the approve scherdule.
6. The net profit or losses of the Consortium shall likewise be divided between the
parties on a 40 olo afid 35 % and':25a/o, respectively-
7. A.M. ORETA & co., lNc., the lead partner who will mainly execute the project,
provide equipment, technical personnel and management supervision.
8. SHINA WU yl co., LTD., will suipply some of the equipment, technologies and will
be in charge on all documentation, import, testing and finance for all materials and
equipment that will be Provided.
9. lt is hereby agreed and understorod that if the herein Consortium fails to qualify for
the aforementioned public bidding, or if prequalified, and fails to win the public
bidding, that this Agreement shall thereupon cease, terminated and automatically
become void and of no further force of effect whatsoever. In the event, the
Consortium is awarded the aforcmentioned contract, then this agreement shall
remain in full force and effect as of the date hereof, and until the final completion
and acceptance of the contract project by the BA$EE CONVERSION AND
DEVELOPMENT AUTHORITY.MAIN.
lN WITNESS WHEREOF, the parties, hereto have set their hands this, _day of
,20_ at Philippines.
FEI ZHENG
Marketing Manager
Philippine Branch
WITNESS WITNESS
ACKNOWLEDGMENT
both known to me as the same persons who executed this foregoing instrument and they
acknowledged to me that the same is their own true and voluntrary act and deed and the
companyffirm they respectively represent.
Doc No
Page No,
Book No.
Series of 20_.