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Contract of Lease-2

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CONTRACT OF LEASE

KNOW ALL MEN BY THIS CONTRACT:


This CONTRACT OF LEASE made and entered into by and
between:

BP ECOSYSTEM EQUIPMENT CORP., a corporation duly organized


and existing under the laws of the Philippines, with office address at
NO. 361 Tandang Sora Avenue, Brgy. Culiat, Quezon City,
represented in this act by Paul S. Woodley its President, hereinafter
referred to as LESSOR

-and-

3A GOLDEN CONSTRUCTION AND TRADING CORP., corporation


duly organized and existing under the laws of the Philippines, with
office address Unit 6, 8878 Urbanest Condominiums, Don Julio St.,
Purok 1, V&G Subdivision, Tacloban City, Leyte, represented by
ALEJANDRO L. AMBIL, hereinafter referred to as SUB-LESSEE.

WHEREAS, the LESSOR is the registered owner of the premise situated at 361A
Tandang Sora, Ave., Brgy. Culiat, Quezon City, below described:
1. SUBJECT OF LEASE.

GROUND FLOOR 29.52 sqm (Machine Room)


2nd LEVEL 16.25 sqm (Packaging room)

2. TERM OF LEASE. This contract of lease commences from March 8, 2022 to


March 30, 2023.

3. RENEWAL. Within thirty (30) days prior to the expiration of this contract of lease,
the LESSEE will make a formal notice of its intention to renew the lease with the
LESSOR for another year and for such any or all other terms and conditions as
may then be mutually agreed upon.

4. LEASE RATE. The lease rate is TWENTY SIX THOUSAND PESOS ONLY
(PHP 26,000) per month inclusive of all government required fees and taxes, to
be paid on or before the tenth (10 th) day of the succeeding month upon
presentation of a billing or notice for payment.

5. DEPOSIT. Upon signing of this contract, the LESSEE shall deposit the sum of
SEVENTY EIGHT THOUSAND PESOS (PHP 78,000.00), equivalent to three (3)
months deposit. This deposit rental shall pay for unpaid electric bills, telephone,
water and other utility bills in case the LESSEE fail to settle the said utilities bills.

The deposit shall be returned to the LESSEE without interest within ten (10) days
at the end of the terms being no renewal being entered into by the parties, less
expenses for the repair of the premises, if any;

6. USE OF PREMISES. The leased area shall be used by the LESSEE for office
and as area of operation, where several equipment specified in the ANNEX A will
be placed, and shall not be converted into another use without prior authority
from the LESSOR. The use of the premises shall be subject to the uniformly
applicable building rules and regulations which the LESSOR may subsequently
provide to all lessees and/or occupants with the objective of safeguarding their
persons and personalities, the common safety and welfare; At no instance shall
the LESSEE use the premises for gambling including mahjong, and other forms
of gambling which is penalized under existing laws and ordinances.

7. COST OF CONSTRUCTION OF ENCLOSURE FOR RENTED SPACE. The


LESSEE shall shoulder the cost of construction of the enclosures and related
provisions for electrical, plumbing, ventilation as shown in ANNEX “A”.

8. UTILITIES. The subject area will be provided with electric power and facilities,
lights, lighting fixtures and other lighting supplies. All electric bills for the power
used by the LESSEE shall be paid by it. The LESSEE may avail of the electrician
and handyman provided for by the LESSOR for any subsequent alterations,
addition or further improvements on the leased premises.

Where portions or parts of the improvements affect portion or parts of the


structure, the LESSOR may require submission of the plan and for the approval
of the LESSOR.
9. TELEPHONE AND COMMUNICATION. The subject building will be provided
with telephone lines facilities. All telephone bills and tolls for the lines used by the
LESSEE shall be paid by it and the LESSOR shall be rendered free from the
non- payment or cut-off for the non-payment by the LESSEE.

10. RESPONSIBILITIES OF BOTH PARTIES:

a. The LESSOR shall see to it that the premises are rendered in tenable
condition. The LESSOR shall maintain its compliance with the standard
set forth by various government agencies regulating establishments and
facilities of health and food products. The LESSOR shall or on its own
volition, and/or upon request of the LESSEE, conduct regular pest control
service of the leased premises.

b. The LESSEE hereby agrees to keep the leased premises in clean, good
and sanitary condition at all times in accordance with quality standards of
the building;

c. The LESSEE shall surrender and return the premises and fixtures in good
condition as they were actually found at the beginning of the lease, except
the effects of ordinary wear and tear; The LESSEE shall notify the
LESSOR in writing on all damages and deterioration on the leased
premises or on any portion thereof within five (5) days from the date of
knowledge thereof;

d. The LESSEE shall make delivery of furniture, equipment or his


representative who may immediately conduct inspection of said item;

e. The LESSEE shall, have the right to take out from the building at anytime
of the day, any of its furniture, machine or any type of equipment and
accessories of any kind, provided that a prior notice shall have been given
to the LESSOR or his representative.

f. In the event certain or destruction is caused by occurrence of natural


events, immediate repair or restoration shall be undertaken by the
LESSOR granting moratorium or waiver of rental payment for the period of
time needed for such repair or restoration.
g. The LESSEE shall undertake all ordinary repairs on the leased premises
at its own cost. Repair on the electric outlets, telephone, switchboxes, air
conditioning facilities, electrical wiring and plumbing fixtures shall likewise
be for the account of the LESSEE.

h. The LESSOR ensure that only authorized personnel of the LESSEE shall
come near the equipment mentioned in ANNEX A.

i. The LESSOR shall undertake all major and extraordinary repairs on the
leased premises at its own expense. In the event that the leased premises
cannot be utilized during the period of repaid, the LESSOR grants a
moratorium or waiver of rental payment for such period.

j. The LESSOR warrants that the LESSEE shall have the peaceful
possession of the leased premises for the duration of the term agreed
upon except when the disturbance is caused by natural calamities or acts
outside LESSOR’S control.

11. INSPECTION, MAINTENANCE WORKS, REPAIRS AND IMPROVEMENTS.


The LESSOR or its representatives with the proper notice to the LESSEE and at
a reasonable hour of any working day, shall be allowed entry to the leased
premises to conduct inspection for repairs or improvements. Subsequent access
to the leased premises shall be given to the authorized person/s who will
undertake the repair or improvement to avoid disruption of work or activities.

12. TRANSFER OF RIGHTS. The LESSEE shall not directly or indirectly assign,
transfer or encumber his rights in this contract nor sublease or subtle all or any
part of the leased premises, without the prior written consent of the LESSOR,
and no right or interest shall be conferred upon anyone by virtue of such
unauthorized transfer;

13. LIABILITY FOR INJURY, LOSS OR DAMAGE. The LESSEE hereby assumes
full responsibility for any injury or damages arising but not of this fault or
negligence that may cause to the person, or property of third persons and further
binds himself to hold the LESSOR free and harmless from any claims for such
injury or damage is due to the gross negligence of the LESSOR.

14. VIOLATION. A violation by one of the parties of any of the terms and conditions
set forth herein result as a right or basis for the termination of this contract. In
such event, the aggrieved party will make a formal notice to terminate and shall
endeavor to amicably or extra-judicially settle the termination.

15. TERMINATION

a. This contract of lease shall end on the terminal date agreed upon there by
the parties;

b. It shall also be terminated due to the violation or breach by one of the


parties of any of the agreed terms and conditions and amicable settlement
cannot be reached by the parties;

c. The same shall also be terminated when as a result of the occurrence of


natural calamities, the leased premises is rendered in a condition unfit for
occupancy;

d. In case the termination occurs due to the expiration of the lease contract
and no renewal or extension is agreed upon, the LESSEE shall peacefully
vacate the leased premises and return the same in condition it was first
entered into, except for the effects of ordinary wear and tear. A moving out
period of maximum of three (3) months but not less than sixty (60) days
from the termination of the contract shall be allowed by the LESSOR
without rental charge. Damage or injury to the leased premises caused by
the removal or articles or improvements by the LESSEE shall be allowed
by the LESSOR, without cost/expenses to the former.

Within ten (10) calendar days after the leased premises are vacated, the
deposit constituted shall be returned by the LESSOR to the LESSEE
without need of demand.

In case the termination occurs as a result of the LESSOR’s breach or


violation of any of the terms or condition agreed upon, it shall return the
deposit rentals and shall pay damages equivalent to one (1) month rental
to the LESSEE before the actual vacation of the premises, without
prejudice to other remedies provided for by the law;

In case the termination ensues due to destruction of the leased premises,


the LESSOR, shall return the deposit constituted within the same period
as above-mentioned. The LESSOR shall not be answerable or
responsible for any damage or injury to the properties of the LESSEE
caused by the destruction of the leased premises due to natural events or
to any cause that is beyond the LESSOR’S control.

16. LITIGATION AND VENUE. In the event judicial relief against the guilty party is
filed before the regular courts, for the enforcement of the terms and conditions in
the contract, the guilty party, in addition to any other damages that may be
awarded by the court, agrees to pay twenty five (25%) of the amount claimed but
in no case be less than Twenty Thousand Pesos (P20,000.00) in the
Metropolitan Trial Court, the Attorney’s fees shall be no less than P30,000.00
and an additional sum of P50,000.00 if the case is elevated to the Court of
Appeals or the Supreme Court, aside from the costs and expenses of litigation
and other forms of damages, actual or consequential, to which the innocent party
may be entitled by law. The parties agree the venue of court action is in the
proper courts of Quezon City.

17. ARBITRATION. Any monetary claim arising out of or relating to this Agreement,
or any breach thereof shall be submitted to binding arbitration with the Philippine
Dispute Resolution Center, Inc.

IN WITNESS WHEREOF, the parties hereto have signed this contract on this ___ day
of October 2012 at City of Quezon, Philippines

BP ECOSYSTEM EQUIPMENT CORP. 3A GOLDEN DRAGON CONSTRUCTION AND


TRADING CORPORATION

LESSOR LESSEE

by: by:

PAUL S. WOODLEY ALEJANDRO L. AMBIL


President AND CEO President
Signed in the presence of:

___________________ ______________________

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