annex a contract of lease - · pdf file"annex a" contract of lease ... judicial...

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"ANNEX A" CONTRACT OF LEASE NAME OF LESSOR HEVA MANAGEMENT AND DEVELOPMENT CORPORATION REPRESENTED BY CARLOS P. LEGARA NAME OF LESSEE PHILIPPINE HEALTH INSURANCE CORPORATION REPRESENTED BY DENNIS S. MAS, PhD URP PHILHEALTH TRADENAME AUTHORIZED BRANDSI MERCHANDISE L1INES Social Health Insurance LOCATION (BRANCH) GAISANO CAPITAL - CITY ILOILO Luna Street, Lapaz, Iloilo City LOCATION (CODE) Ground Floor - ( 457.65 sq.m.) Second Floor - (1,400 sq.m.) Third Floor - (847 sq.m.) FLOOR AREA (SQ.M) 2,704.65 sq.m. LEASE TERM Three (3) Years (Inclusive of years 2013 - 2015) MONTL Y RENTAL BASIC RENTAL CUSA AIRCON POWER WATER SHOWCASE Php 1,041,666.00 I monthly (Inclusive of VAT) N/A N/A Actual Consumption Actual Consumption N/A ANNUAL ADVERTISING FEE N/A ADDITIONAL SECURITY DEPOSIT N/A ESCALATION N/A LESSEE shall issue twelve (12) Post Dated Checks every start of the contract year to cover monthly charges for the duration of this lease. All accounts must be paid on or before the s" day of each month and 5% surcharges shall be imposed for every late payment. NlA This contract is entered into between HEVA MANAGEMENT AND DEVELOPMENT CORPORATION and PHILIPPINE HEALTH INSURANCE CORPORATION on the zs" day of December 2012, subject to the attached CONTRACT OF LEASE. Please sign on the space provided below to signify acknowledgement of the terms and conditions. MODE OF PAYMENT LESSEE Represented By: ~ DR. DENNIS S. MAS, PhD URP Regional Vice-President ~ (j'fJ PHILIPPINE HEALTH INS0RANCE CORPORATION- REGIONAL OFFICE VI PAGE 1 OF6

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Page 1: ANNEX A CONTRACT OF LEASE -   · PDF file"ANNEX A" CONTRACT OF LEASE ... judicial action f ejectment or rescission. ... 25% of amount claimed in the complaint, as attorney fees

"ANNEX A"CONTRACT OF LEASE

NAME OF LESSOR HEVA MANAGEMENT ANDDEVELOPMENT CORPORATION

REPRESENTED BY CARLOS P. LEGARA

NAME OF LESSEE PHILIPPINE HEALTH INSURANCE CORPORATION

REPRESENTED BY DENNIS S. MAS, PhD URP

PHILHEALTHTRADENAME

AUTHORIZED BRANDSIMERCHANDISE L1INES

Social Health Insurance

LOCATION (BRANCH) GAISANO CAPITAL - CITY ILOILOLuna Street, Lapaz, Iloilo City

LOCATION (CODE) Ground Floor - ( 457.65 sq.m.)Second Floor - (1,400 sq.m.)Third Floor - (847 sq.m.)

FLOOR AREA (SQ.M) 2,704.65 sq.m.

LEASE TERM Three (3) Years(Inclusive of years 2013 - 2015)

MONTL Y RENTALBASIC RENTALCUSAAIRCONPOWERWATERSHOWCASE

Php 1,041,666.00 I monthly (Inclusive of VAT)N/AN/AActual ConsumptionActual ConsumptionN/A

ANNUAL ADVERTISING FEE N/A

ADDITIONAL SECURITY DEPOSIT N/A

ESCALATION N/A

LESSEE shall issue twelve (12) Post Dated Checks everystart of the contract year to cover monthly charges for theduration of this lease. All accounts must be paid on or beforethe s" day of each month and 5% surcharges shall beimposed for every late payment. NlA

This contract is entered into between HEVA MANAGEMENT AND DEVELOPMENT CORPORATION andPHILIPPINE HEALTH INSURANCE CORPORATION on the zs" day of December 2012, subject to theattached CONTRACT OF LEASE. Please sign on the space provided below to signify acknowledgement ofthe terms and conditions.

MODE OF PAYMENT

LESSEERepresented By:

~DR. DENNIS S. MAS, PhD URPRegional Vice-President ~ (j'fJ

PHILIPPINE HEALTH INS0RANCE CORPORATION-REGIONAL OFFICE VI

PAGE 1 OF6

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CONTRACT OF LEASE

KNOW ALL MEN BY THESE PRESENTS:This agreement made and entered into by and between:HEVA MANAGEMENT DEVELOPMENT CORPORATION, a corporation duly organized and existing

under and by virtue of Philippine Laws, represented by its VP for Western Visayas, Mr. Carlos P. Legara, oflegal age, Filipino, Married, and resident of Iloilo City, with office address at Gaisano Capital City - Iloilo, LunaSt. Lapaz, Iloilo City, herein known as the LESSOR.

-And -

PHILIPPINE HEALTH INSURANCE CORPORATION - REGIONAL OFFICE VI, a governmentowned and controlled corporation with office at No. 15, J. De Leon St., Iloilo City represented herein by itsRegional Vice-President, Dennis S. Mas, Ph.D. URP, of legal age, Filipino, hereinafter known as LESSEE.

WIT N E SSE T H:

Parties agree that the LESSOR is the owner, developer, operator and administrator of that multi-story commercial complex known as GAISANOCAPITAL as specified in Annex A and location specified in Annex A.

In line with its development program, LESSOR has made available for lease to interested parties several units of commercial spaces in that multi-story commercial complex under general terms, conditions and restrictions set forth hereunder.GRANT OF LEASEHOLD RIGHTS OVER COMMERCIAL SPACEPOSSESSION AND RENOVATION:

That, for and in consideration of the rentals to be paid, the LESSOR hereby agrees to lease unto the LESSEE, and the LESSEE agrees to leasefrom the LESSOR a commercial space covering an area specified in Annex A and marked in the attached form of Annex C of the said leased premises.

Subject to the following terms and conditions, to wit:ELiVERY OF POSSESSION OF LEASED PREMISES:

Delivery of possession of the leased premises shall be effected on date specified on the Award Notice, and thereafter, LESSEE has thirty (30) daysto renovate, re-model or reconstruct, at his/its own expense, said leased premises to suit his/its business.

LESSEE undertakes to submit, for LESSOR'S evaluation and approval, five (5) sets of complete architectural and engineering plans of the leasedpremises as well as signage plan of LESSEE'S outlet duly signed by the LESSEE, his/its engineer and architect thirty (30) days prior to construction.CONSTRUCTION BOND:

LESSEE shall put up a cash bond in an amount equivalent to one (1) month rental payable before starting the construction, to answer fordamages, for all violations or non-compliance of any guidelines or requirements, and/or deviation from the approved plans.

Said cash bond may be returned or applied to the payment of monthly rental upon determination by the LESSOR that no such violation has beencommitted. NJAINSURANCE:

"General All Risk Liability Insurance Coverage" from a reputable insurance company, approved by the LESSOR, must be secured by LESSEE toanswer for major damages to the GAISANO EDIFICE and/or leased premises or bodily injury to third persons, etc. during the construction penod, with acoverage amount of PESOS: FIFTY THOUSAND ONLY (P 50,000.00), Philippine Currency, which must be submitted fifteen (15) days prior to the start ofconstruction. NJARENEWAL:

This contract, upon expiration, may be renewed for such period of time upon mutual agreement and under mutually acceptable terms andconditions, reduced in writing and signed by the parties.AUTOMATIC TERMINATION:

This contract of lease shall automatically terminate on the date indicated in Annex A, without need of any previous notice or demand, or anyjudicial action f ejectment or rescission.UNDERTAKINGS OF LESSEE UPON EXPIRATION OF THE TERM:

After the expiration of the leased period, the LESSEE hereby agrees and undertakes the following:1. If the LESSEE continues to temporarily occupy the leased premises for ten (10) days before the LESSOR could exercise its right under the

provisions on Breach and Damages, and without prejudice to invoking such rights, said occupancy may be renewed on a month to monthbasis, at the sole option of the LESSOR, under the same terms and conditions with a minimum of Twenty Five Percent (25%)percentincrease on the agreed rental then prevailing at the end of the leased period until a new contract is executed.

2. If LESSEE remains in possession of the leased premises one (1) day after the expiration of the leased period, in any of the ways hereinafterspecified, LESSEE shall be considered as having committed an act of unlawful detainer or forcible entry. In such event, the LESSEE shallthen be subjected to the forcible removal without resort to court processes, and hereby waives any right of action(s) or damages that mayaccrue thereto and free the LESSOR, its agents, or its representative(s) from any damages, whatsoever. LESSOR may then exercise itsright under the provision on Breach and Damages.

3. If the leased premises be not be surrendered at the expiration/termination of the leased period, LESSEE shall be responsible to LESSOR forany and all damages which LESSOR may suffer by reason thereof, and will indemnify LESSOR against all claims made by any succeedinglessees, or other prejudiced parties so far as such delay is occasioned by the failure of LESSEE to surrender the premises.

4. If LESSEE should persist in the possession of the premises after said automatic termination of this lease, LESSOR shall be entitled toexercise all its rights under the provisions on Breach and Damages, which shall continue to have full force and effect.

5. The continued possession by LESSEE of the premises for any period of time after said automatic termination shall never be interpreted asan implied renewal thereof.

VACATION OF PREMISES UPON TERMINATION OF LEASE:Unless the leased period is otherwise renegotiated for an additional term, the LESSEE, upon termination of this contract of lease, shall

immediately and completely vacate and surrendered the leased premises quietly and peaceably, and deliver possession of the same to the LESSOR in thesame good order and condition when received lease ordinary wear and tear, without need of notice or demand.

For this purpose, the LESSEE constitutes the LESSOR, or its authorized agents, as its ATTORNEY-iN-FACT, and authorized anyone of them todo any or all of the following acts:

1. To remove any and all things and effects from the leased premises;2. To padlock the same to prevent access by the LESSEE to it;3. To cut-off electric, water, telephone and other utility connections in the event the LESSEE does not voluntarily vacate the premises; and4. Generally to do and perform any and all acts necessary to enable the LESSOR to absolutely and effectively terminate the occupation by the

LESSEE and/or any of its agents, successor-in-interest, of the leased premises.EVENTS GIVING RISE TO DEFAULT AND TERMINATION:

LESSOR shall have the right to cancel or terminate this contract of lease upon occurrence of any of the following events:a. The term of this lease shall have expired;b. Leased premises shall be closed, deserted or unoccupied for a continuous period of 15 calendar days;c. Lessee failed to pay the rent or any other amount due hereunder on the date specified herein for its payment; lessee shall become insolvent

or unable to pay its debts when due;d. Any of lessee's representation and warranties specified hereunder shall prove false in any material respect when made;e. Lessee fails to observe any of the terms and conditions provided in this Contract;f. The lessee (if the later is a natural person) shall have died or the corporate existence of the lessee (when organized as a corporation or

partnership) shall have ceased

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CONSEQUENCE OF DEFAULTUpon occurrence of any of foregoing events of default, LESSOR shall be entitled to exercise any and all of the following remedies:a. Lessor shall have the right to open, enter, padlock, secure, enclose or fence in the leased premises or take full and complete physical

possession and control of leased premises.b. Take inventory of equipment, furniture, articles, merchandise, stocks found and located in leased premises and place any of the same in

storage and charge Lessee corresponding storage fees.In case Lessee fails to claim said equipment, furniture, articles or merchandise from storage and liquidate any liability to Lessor within thirty(30) days from the date Lessor took possession of leased premise, to dispose of said properties in private sale and apply the proceedsthereof to the payment of whatever liability Lessee may have to the Lessor.

d. The Lessor shall be entitled to collect from lessee and lessee shall continue to be liable for rental of the unexpired period of the lease termand the penalty and interest charges due thereon.

e. Should Lessor be compelled to seek judicial relief against Lessee, the latter shall in addition to the damages pay an amount equivalent to25% of amount claimed in the complaint, as attorney fees (with a minimum of Php 50,000.00) aside from costs of litigation and otherexpenses which the law may entitle the Lessor to recover from Lessee.

In no case shall any amount due hereunder from the Lessee be applied against the security. It is being understood that the entire amount thereofshall accrue by virtue of forfeiture in favor of the Lessor.DISTURBANCE OF POSSESSION WILL NOT SUSPEND PERIODNOR STOP RENTAL PAYMENT:

No disturbance or interruption in the physical possession of the leased premises by reason of fortuitous events such as fire, earthquake, typhoon,flood, riots, civil disorder, war, blackouts, or otherwise, shall internuptthe running of this lease, or relieve the LESSEE from his obligations to pay the monthlyrental.RENTAL PAYMENT MODE:

To ensure the payment of the lease rentals, LESSEE shall issue 12 Post dated checks every start of the contract year dated not later than the fifth(5th

) day of each and every month, with the full assurance that these are adequately funded.The computation of the monthly lease rentals shall begin on the first day of the month and shall end on the last day of the same month. In the

event that !t1ARffectivity of this contract starts on a day other than the first (1st) day of the month, the rentals for such period shall be computed on a dailybaSIS. N/APAYMENT OF ADVANCE RENTAL:

Upon execution of this contract, LESSEE shall pay the LESSOR an amount equivalent to one (1) month rental to be applied to the payment of thefirst monthly rental.OTHER CHARGES:

Air-conditioning fee and Common Utilities Services Assessment or CUSA is charged per square meter of space occupied as indicated in Annex A.sa Security Deposit increases corresponding when the minimum rent increases. N/A;:u TAXES:i!= In addition to the agreed rent, LESSEE shall pay the Twelve (12%) percent Value Added Tax throughout the period of lease. The LESSEE shall§: shoulder the corresponding Value Added Tax due to the LESSOR, provided the LESSOR issues Official Receipt to the LESSEE for every payment made byen the LESSEE in the Lease Contract. Taxes due upon improvements introduced in the leased premises by the LESSEE shall be for the account of the LESSEE

~

iI:::I:: s long as LESSEE is enjoying the beneficial use of the premises. The documentary stamp taxes or other taxes accruing by reason of the execution of thisontract shall be for the LESSEE. NlA

ESCALATION CLAUSE:There shall be an escalation on rental rate, CUSA and aircon fees in Annex A. NlA

SECURITY DEPOSIT:Upon signing of this contract, LESSEE shall make a refundable security deposit in an amount equivalent to six months' rental to LESSOR, which

shall be non-interest bearing, to: ~~1. Guarantee the faithful compliance by LESSEE of all terms, conditions and covenants of this contract;2. Answer for any damages which may be suffered by LESSOR; and3. Answer for any other monetary liabilities or obligations of LESSEE under this contract.

APPLICATION OF DEPOSIT:The security deposit shall be applied by the LESSOR as follows, to wit;1. To the payment of unpaid bills for utilities;2. To the payment of costs and expenses incurred in connection with the surrender of the leased premises, in case of refusal by the LESSEE

to vacate the same immediately;3. To the payment of any damages or liabilities incurred or suffered by the LESSOR on occasion of the use of the leased premises;4. The balance, if any, shall be returned to the LESSEE, provided that:

Said deposit, or any balance thereof, shall be refunded to the LESSEE, without interest, not earlier than sixty (60) days after the terminationof the lease, upon presentation of original receipt/s of such deposit/s and upon verification that there are no claims chargeable to the same,and LESSEE shall have vacated the premises and cleared the same any debris.

In no case shall the security deposit be used to pay any back rentals. However, the LESSOR has the option to apply the said security deposit toany unpaid rentals and other charges. N/AEFFECT OF LESSEE'S PRE-TERMINATION OF LEASE ON "DEPPOSIT"& "RENTALS"

If LESSEE should pre-terminate this lease contract for whatever cause, a prior written notice of at least ~O days must be submitted to theLESSOR, then said security deposit or any balance.t~~"eof shall be automatically forfeited in favor of LESSOR, and all rentals for the unexpired period of thelease shall immediately be due and demandable. N/ALESSEE'S LIABILITY FOR BREACH NOT LIMITED TO DEPOSIT:

LESSEE'S liability for any breach of this contract shall in no manner be limited to the amount of said security deposit.INTEREST/PENALTY ON DELAYED RENTAL PAYMENT:

All outstanding accounts of LESSEE under this contract are subject to the following interest/penalty:1. An interest of three (3%) percent per month; and2. A penalty of two (2%) percent per month;

EXTRAORDINARY INCREASE IN INFLATION:Once a year, on the yearly anniversary of this Contract of Lease, the parties shall review if an extraordinary increase in inflation rate has

supervened for the previous year. Extraordinary increase in inflation rate shall be conclusive if the Consumer Price Index (CPI) nationwide, published byNational Economic Development Authority has increased by more than fifteen (15%) from the previous years CPI, computed based on the following formula:

CPI (current year) less CPI (previous year) = Rate of Increase in the Consumer IndexPrice CPI (previous years)If the increase in inflation rate as determined by the foregoing formula is equivalent to fifteen (15%) or less, then the regular annual escalation rate

of ten percent (10%) shall apply. However, if the increase in inflation rate is more than fifteen percent (15%) then, the escalation rate to be used for thesucceeding year shall be the rate of increase in CPI as obtained from the formula provided above but not to exceed twenty five percent (25%).

. "F,qrAthesucceeding years, the regular annual escalation rate shall be used except if the provision on extraordinary increase in inflation rateapplies. NlkUSE OF PREMISES LEGITIMATE PURPOSE:

LESSEE hereby expressly agrees and warrants that the leased premise shall be used by it/him/her exclusively for lessee's permitted purposes,and said LESSEE is hereby prohibited to use for any purpose or purposes without the prior written consent of the LESSOR.

The LESSEE shall specifically sell and/or display the following products, merchandise and/or services as specified in Annex A. LESSEE shall notuse, or permit said premises or any part thereof to be used, for any purposes other than that for which the same are hereby leased.LESSEE'S MANNER OF CONDUCTING ITS BUSINESS:

LESSEE shall conduct its business time in the leased premises taking into account that the primary purpose of inviting the LESSEE is to providecomplimentary and complete services to the customers of the LESSOR. The LESSEE shall be guided by the LESSOR'S business time, such that, theLESSEE should not close its business when the LESSOR is still operating its business.EMPLOYER OF LESSEE'S PERSONNEL:

The LESSEE shall be the employer of all its Personnel, and frees the LESSOR from any liability that may arise as incident to their employment.SIGNAGE:

LESSEE can put up a horizontal signage bearing its business name in a place designated by the LESSOR in the leased premises.LESSEE, upon request of LESSOR, shall immediately remove any signage which LESSEE has placed or permitted to be placed in, on, or about

the front of the premises, which in the opinion of LESSOR is objectionable or offensive.

c.

NlA

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SECURITY:The LESSEE may post its own security on the leased premise, provided however, that the LESSOR'S security services for the commercial

establishment shall likewise include the leased premises. For the purpose, the parties hereto shall maintain a coordinated security system to ensure the safetyand security of the leased premises.CHANGES IN ORIGINAL BUILDING PLANS:

In the event of any change in the original building plans for the commercial premises in the GAISANO EDIFICE, LESSOR shall have the optionand the LESSEE agrees to transfer the location of the leased premises in accordance with LESSSOR'S revised tenant mix master plan.ADVERTISING AND PROMOTIONAL EXPENSES:

In order to promote the business of the LESSOR where the leased premises is located the LESSOR may conduct such advertising andpromotional activities including inaugural activities which may be considered appropriate and the LESSEE agrees to share with all the other LESSEES in thebuilding in the costs and expenses of such advertising and promotional activities.INSURANCE:

LESSEE is required to secure an insurance policy covering risks against fire and other risks involving their goods or merchandise and otherproperties insidEl.~ilALESSOR'S premises. Upon the LESSOR'S request, a policy or Certificate of Insurance or a copy thereof shall be delivered promptly tothe LESSOR. N/kNOT TO INCREASE INSURANCE RATES/RISKS:

LESSEE shall not use or permit the use of said premises, nor do acts, which will have the following effects, to wit;1. Increase the existing rate of insurance upon the GAISANO EDIFICE in which said premises may be located;2. Cause the cancellation of any insurance policy covering said building or any part thereof.LESSEE shall also not sell, or permit to be kept, used or sold, in or about said premises, any article which may be prohibited by the standard form

of fire insurance.PROHIBITED STORAGE:

LESSEE shall not deposit store or place within the leased premises flammable or explosive materials in violation of the fire insurance policycovering the building.

The LESSEE shall be liable for all damages which the LESSOR may suffer by reason of or as consequence of the violation of this condition, andthe LESSOR shall have the right to rescind this contract.NOT TO VACATE OR ABANDON:

LESSEE shall not vacate nor abandon the leased premises at any time during the leased period. Absence of closure for a continuous period of ten(10) days shall be considered as abandonment.LESSOR NOT LIABLE FOR DAMAGES AND INJURIES:

The LESSEE shall hold the LESSOR free and harmless from any damage, liability or responsibility whatever to any person or property arising outas consequence of the use and operation and management of the leased premises by the LESSEE or his agents. Therefore, LESSEE shall be solely

ponsible for any damage liability and shall repair such injury or damage, at his sole expense, within five (5) days from notice.TICE TO LESSOR OF ANY DAMAGE TO LEASED PREMISES:

LESSEE must notify LESSOR within the shortest possible time of any damage to the leased premises or its appurtenances, as well as anycupation, usurpation or untoward act which any third person may have committed or may be committing or threatening to do upon the leased premises.

SUBLEASE AND ASSIGNMENT:LESSEE undertake not to sublease and/or assign the premises hereby leased or any part thereof without the written consent of the LESSOR, and

any breach of this condition shall be a ground for the termination of this contract, without prejudice to the payment of any damages suffered by the LESSOR.UTILITIES:

LESSEE shall pay from time to time during the term of this lease, all charges for water, electric current, telephone and such other services in theleased premises, and shall periodically submit to LESSOR evidence of said payments.KEYS:

LESSEE shall turn over to the LESSOR all keys of the leased premises, including duplicates, at the expiration or early termination of the leasedperiod as provided in the contract.NUISANCES AND KEEPING OF PETS:

The LESSEE shall not permit music or noise in or upon the Leased Premises or any part thereof which in the reasonable opinion of the LESSORmay constitute nuisance or annoyance and give cause for reasonable complaint from the LESSOR or other lessees. Neither shall it permit any odor ornoxious smell which is in the sole opinion of the LESSOR offensive or unusual to be produced upon, permitted through or emanated from the LeasedPremises, nor keep or suffer to be kept any animals or pets inside the Leased Premise.LESSOR'S RIGHT TO INSPECT:

LESSEE shall permit the LESSOR or his agents to enter and view the condition of the premises and/or to show the leased premises toprospective lessees during the last three (3) months of the lease, at reasonable hours of the day and in a convenient manner.ALTERATIONS, ADDITIONS AND IMPROVEMENTS:

The LESSEE shall not make alterations, additions and improvements on the leased premises without prior written consent of the LESSOR. Incase of such authorized alterations, additions and improvements on the premises, any and all such improvements and other fixtures which are attached to theleased premises shall become the property of the LESSOR at the expiration of this lease, without right of reimbursement.

The LESSOR shall have the right to make such repairs on the leased premises for the preservation, improvement, and/or ornamentation of thebuilding in which the leased premises are located as it may deem necessary, provided, that LESSOR shall not be liable for any inconvenience, annoyance orinjury t the LESSEE and/or his business including customers, agents, employees, guests or any other person, resulting or arising from the undertaking of anysuch work under the foregoing provision.LEASED PREMISES IN GOOD AND HABITABLE CONDITION:

LESSEE acknowledged delivery of the leased premises in good and habitable condition and shall keep it in the same condition. LESSEE bindshimself to undertake, at is own expense, any and all repairs necessary or as may be required to maintain the said premises in such tenantable condition suchas, but not limited to replacement of light bulbs, fuses lost or broken handles, lost keys, toilet flushes and lavatory installation and removal of appliancesincluding restoration of any changes or breakage due to LESSEE'S fault or negligence, and that the LESSEE shall maintain the quality of the fixtures andappurtenances of the leased premises.

LESSEE shall repair immediately any damages to the leased premises due to the failure or negligence of LESSEE or its agents and to engage theservices of a pest control company, at its own expense, to control termites, pests and pother wood-boring insects.LESSOR'S RULES AND REGULATIONS:

It is agreed by the parties that the LESSEE shall obey and comply with all the Construction Guidelines, Mall House Rules and such rules andregulations as may from time to time be imposed, adjusted and amended by the LESSOR. Furthermore this lease shall be subject to the additional terms andconditions specified in Annex B. All the Annexes of this Contract constitute integral parts hereof.WARRANTY OF SOLVENCY:

LESSEE hereby warrants that at the time of the signing of the contract, as well as during the term hereof, LESSEE is financially capable of payingthe monthly rentals as well as other obligations and charges provided for in this contract.GOVERNMENT PERMITS AND LICENSES:

LESSEE shall secure on his own account and expense, all permits and licenses required or as may be required by the National and/or CityGovernment to operate its business within the LESSOR'S premises.COMPLIANCE OF LAWS AND ORDINANCES:

LESSEE shall comply with all laws and ordinances of the appropriate government authorities concerning police, sanitation, public health andsafety applicable leased premises.BREACH AND DAMAGES:

Upon the happening of any of the following events:1. Premature termination of the leased period agreed upon by the LESSEE;2. Default or breach in nay of the following terms and conditions of this lease contract by the LESSEE;'3. LESSEE shall become bankrupt or being a corporation shall go into liquidation, or if LESSEE shall otherwise become insolvent or shall

suffer any execution to be levied on his/its household interest on the leased premises or otherwise on LESSEE'S goods;4. In the event that LESSEE is subjected to a labor strike continuously for two (2) months, especially when there is picketing or mass formation

on the premises as to prejudice other LESSEE'S in the use of their leased premises;5. Upon expiration of the leased period.THEN AND IN EITHER OR ANY SUCH EVENT, it shall be lawful for the LESSOR to exercise any of the following cumulative rights and remedies

reserved to the LESSOR, in addition to any other rights granted unto the LESSOR under this contract of lease, and without any need of demand, or notice, orresort to court processes, to wit:

1. To declare this lease terminated and to consider the rents for the unexpired period due and demandable.2. To proceed against the security deposit and apply the same to the purposes for which it has constituted.

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4. presence of two (2) witnesses, in order to take inventories of LESSEE'S goods or merchandise and place the same in LESSOR'Swarehouse, so that LESSOR can recover full possession and enjoyment of said leased premises. The LESSEE undertakes to pay allreasonable expenses incurred by the LESSOR in connection with said removable and transfer of said property including storage charges.

5. Upon failure of LESSEE to claim said property from storage within thirty (30) days from the date of transfer, LESSOR may, at its options,under the said Power-of-Attorney, dispose said property in a private sale and apply the proceeds thereof to whatever indebtedness orliabilities arising out of said default or breach by the LESSEE, and the balance, if any, shall be turned over to LESSEE.

6. For and in the performance by the LESSOR of the right under the said Power-of-Attorney, LESSOR may so exercise the same without resortto judicial processes and may use such reasonable force as may be necessary to repossess and enjoy the leased premises. LESSOR shallnot, in the exercise of such right, incur any civil and/or criminal liability whatsoever.

7. To demand from LESSEE and the LESSEE to pay the LESSOR twenty-five (25%) percent of the total amount due under the contract uponits breach by LESSEE, but in no case less than the sum of PESOS: FIFTY THOUSAND ONLY (P 50,000.00), Philippine Currency, in theconcept of attorney's fees for the enforcement of LESSOR'S right and remedies provided herein, judicially or extrajudicially, in addition to expense of litigation.

ENFORCEMENT OF THE LEASE CONTRACTThe failure of the LESSOR to insist upon a strict compliance and/or performance of any terms, conditions and covenants hereof

shall not be deemed a waiver on his part or the terms of this contract.BINDING EFFECTS

This Contract of Lease shall be binding not only between the parties thereto but also upon their respective successors andassigns.ENTIRETY

This contract constitutes the entire and only' agreement of the parties with respect to the subject matter hereof. No alteration,modification or amendment thereto may be effected except by written agreement of the parties.EXCLUSIVE VENUE IN CASE OF COURT LITIGATION

Parties agree to submit to the venue of the proper court of Cebu City, to the exclusion of all other courts of similar jurisdiction.SEPARABILITY CLAUSE

Should any part of this contract be declared unconstitutional or illegal by any court of competent jurisdiction, the portions hereofwhich are not so declared shall remain in full force and effect.IN WITNESS WHEREOF, the parties have hereunto affixed their signature this __ day of , in the City of _Philippines.MISCELLANEOUS PROVISIONS

The following documents shall be deemed to form and be read and construed as part of this contract:a. Schedule of Requirementsb. The Technical Specificationc. The Terms of Reference and its Supplemented Bid Bulletind. The General Condition of Contracte. The Special Conditions of Contract andf. The Entity's Notification of Awardg. Other offered services as agreed dated December 04,2012.In case of conflict between items A to G hereof and other provisions of this contract the provision, stipulation, agreements in

items A to G shall prevail.

HEVA MANAGEMENT ANDDEVELOPMENT CORPORATION

PHILIPPINE HEALTH INSURANCECORPORATION

LesseeRepresented by:

Dennis S. Mas, Ph.D. URPRegional Vice-President

APprove~ _

ENRIQUE T. ONA, M.D.Secretary of Health! irmanof The Board andOIC President and

SIGNED IN THE PRESENCE OF:

Ma . Ca ietoDivision Chie MSD, PRO VI

Lessee's Witness

Page 6: ANNEX A CONTRACT OF LEASE -   · PDF file"ANNEX A" CONTRACT OF LEASE ... judicial action f ejectment or rescission. ... 25% of amount claimed in the complaint, as attorney fees

ACKNOWLEDGEMENT

REPUBLIC OF THE PHILIPPINES)CITY OF ILOILO CITY ) S.S.

BEFORE ME, a Notary Public, personally appeared MR. CARLOS P. LEGARA of HEVA MANAGEMENT ANDDEVELOPMENT CORPORATION with Taxpayer Identification No. 112-634-271; known to me to be the same personwho executed the foregoing instrument and that he acknowledged to me that the same is his own free act and deedand of the entity he represents.

This instrument refers to a CONTRACT OF LEASE consisting of Six (6) pages including this page on whichthis acknowledgement is written has been signed by the parties and their instrumental witnesses on each and everypage thereof and sealed with my notarial seal.

WITNESS MY HAND AND SEAL this FEB ddy !f_2_O_13 , at City of ILOILO (IT~PhiliPpines.c

Doc. No. J~ ;Page No. <Ik.;BookNo.~;Series No.~g

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UNT {}ECH'i E 31. 2.0'~PTRNO.'103B229/01-02-t31l,C..ISp NO. 3910S2/01-02-13/l.C.ROLL NO. 53168MelEe. NO. IV-OO 12155TIN NO. 938-082-\87-000

ACKNOWLEDGEMENT

o

REPUBLIC OF THE PHILIPPINES)CITY OF Lor 0 CITY ) S.S.

BEFORE ME, a Notary Public, personally appeared, DENNIS S. MAS, Ph.D. URP of PHILIPPINE HEALTHINSURANCE CORPORATION - REGIONAL OFFICE VI with his PhilHealth I.D. with No. 100-853-00; known to me tobe the same person who executed the foregoing instrument and that he acknowledged to me that the same is his ownfree act and deed and of the entity he represents.

This instrument refers to a CONTRACT OF LEASE consisting of Six (6) pages including this page on whichthis acknowledgement is written has been signed by the parties and their instrumental witnesses on each and everypage thereof and sealed with my notarial seal.

WITNESS MY HAND AND SEAL this __ dayFftBPhilippines.

1 8 2013, in the City of ....-.-...•.•.•...•.•.....•...•..L...L-_

Doc. No. ----L1~~,/L--Page No. ~Book No. Vi ,Series No. 100 .

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