Professional Documents
Culture Documents
KHALANI HOLDINGS, INC., a corporation duly organized and existing under and by virtue
of the Corporation Code of the Philippines and other related laws, with principal place of
business situated at the 2/F Luis Hervas Building, #57 Ledesma Street, Iloilo City 5000
Philippines duly represented by Mr. Jobert L. Evidente, its President and authorized
representative per Secretarys Certificate issued by Attorney Edurado T. Reyes, III, corporate
secretary of Khalani Holdings, Inc. dated Friday June 08, 2017 hereinafter to be known as the
FIRST PARTY,
- And
Ms. Cristina E. Galea, doing business under CRISMIKE SHIP SUPPLY & MARINE
SERVICES a company legally organized in the Philippines with principal place of business
situated at 16 Masthead St. Fourth Estate Paraaque City Manila Philippines duly registered and
licensed to do business in Paraaque City, Philippines, herein represented by Ms.Cristina E.
Galea its President and authorized representatives shown by her authority granted by per Board
Resolution dated ________, hereinafter to be known as the SECOND PARTY. The following
names are her subordinate that will help in selling MAHA CEMENT and TYPE 1 PORTLAND
CEMENT in the Philippines: Arnel Driz, Rico Dela Cruz and Rowena Dizon.
RECITALS
WHEREAS: The Subordinate of the SECOND PARTY will have a Commission Rate of
5.00php ( FIVE PHILIPPINE PESO) per sold bag of MAHA CEMENT and TYPE 1
PORTLAND CEMENT.
WHEREAS, the FIRST PARTY will authorize the SECOND PARTY to be the formers
agent/ broker, solely limited to being a broker or middleperson for purposes of looking for, and
finding a fit, suitable and capable buyer of MAHA CEMENT;
WHEREFORE, premises considered, the parties agree on the foregoing brokers fee
arrangement, subject to the following terms and conditions, to wit:
The SECOND PARTY, agrees that the fees and commissions stated to be confirmed per bag
of cement, are brokers commission which are primordially conditioned upon the successful
efforts of: 1. Bringing together a fit, suitable and competent buyer who will purchase MAHA
CEMENT from the FIRST PARTY; and 2. The Transaction of purchase or sale of MAHA
CEMENT is consummated by delivery and payment in full. Both conditions must concur in
order that the
The FIRST PARTY confirms that all pay orders shall be issued via bank check addressed to
the SECOND PARTY within 5 (Five) days after the date of closing and completion of each
and every shipment of the product during the contract term until the total contract amount has
been sold in full, including all subsequent extensions, additions, rollovers, modifications or
renewals thereof.
The FIRST PARTY agrees that if it attempts to circumvent, bypass, alter or change this
agreement (or the spirit of this agreement) by changing or causing to be changed or having
knowledge of any changes to the transaction numbers in this agreement to willfully and
knowingly avoid paying the fees owed to SECOND PARTY, SECOND PARTY will have
a right to contact the buyer, and forthwith command a Cease & Desist order and any further
purchases or transactions will be halted. If any of the events in the above preceding paragraph
occur, the FIRST PARTY understands and agrees that it will be excluded from conducting
business with Buyers who were introduced by the SECOND PARTY at any time in the
future.
The FIRST PARTY understands and agrees that this order includes this existing agreement.
The FIRST PARTY also agrees to pay restitution to SECOND PARTY in the full amount
equivalent to the losses or unearned income that would have been paid had not an avoidance of
payment, circumvention, alteration, or change of the transaction (or code) number(s) occurred
because if the unjustified actions of the FIRST PARTY.
In turn, any premature, unjustified, unlawful or whimsical or capricious CEASE and DESIST
order by the SECOND PARTY over orders from her/ its buyers introduced, that results into
losses, pecuniary or estimable, on the FIRST PARTY, shall warrant liability for restitution
from the SECOND PARTY for the actual amount of the losses including all consequential
damages and attorneys fees.
The Payment Order is unconditional, assignable and divisible to beneficiaries, heirs and
assignees upon written notices to all parties concerned. Both Parties agree not to circumvent,
avoid, bypass or obviate each other directly or indirectly to avoid payment of commissions or
fees in any transaction pending, or in the future, for as long as a contract shall remain in force
between the two parties.
EXCLUSIVE VENUE. Any dispute or controversy arising out of the enforcement or execution
or violation of any of the foregoing terms and conditions shall be only filed, to the exclusion of
all other courts, in the proper courts in Iloilo City unless the FIRST PARTY decides to waive
this exclusivity provision.
IN WITNESS WHEREOF, parties hereunto sign this Contract this ________ day of
___________________ at
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Witnesses:
___________________ ________________________
(Printed name & Signature) (Printed name & Signature)
I.D. NO./Date: _____________ I.D. No./Date: ______________
ACKNOWLEDGMENT
WITNESS MY HAND AND SEAL on the date and place first above-written.
______________________
Notary Public