WHEREAS, Manila Toll
Expressway Systems, Inc. (MATES) is an operation and maintenance (O&M)
company, incorporated primarily to operate and maintain the South Luzon
Expressway (SLEX) from Alabang, Muntinlupa up to Sto. Tomas, Batangas and is responsible
for highway maintenance operation and toll collection management services;

 

            WHEREAS, First Party is the
registered owner of a Toyota Hi Lux Pickup with plate number AAL 6109;

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WHEREAS,
Polly
C. Furtos, a private individual and the registered owner of an Isuzu Truck with
Trailer with Temporary Plate 30110-33/TUD 628;

 

WHEREAS,
a
side swipe collision occurred on 19 December 2017 along South Luzon Expressway
(SLEX) on Km 31+930 Area of Binan, Laguna,  involving two motor vehicles owned by First
Party and Second Party hereinafter referred to as ‘the Incident’;

 

            WHEREAS,
the Incident resulted to the
injuries of the driver of the motor vehicle owned by First Party named Rommel
N. Cabanilla and death of the passenger, Brendon P. Abrera; both were employees
of First Party;

 

            WHEREAS,
the Parties desire to avoid the costs of prosecuting the other, including
any additional claims that each Party could have asserted against the other,
and thus have held meetings to mutually settle all matters concerning the Incident;

 

WHEREAS,
this
is a binding and enforceable agreement resolving all issues that were raised or
could have been raised between the parties signing below, and those that arise
from or relate to the matters presented in their meetings unless specifically
noted herein;

 

NOW,
THEREFORE, in
consideration of the foregoing premises and desiring to come up with a mutually
beneficial arrangement, the Parties have agreed, as they do hereby agree to the
following conditions:

 

 

ARTICLE I

Objectives

 

The
objectives of the agreement are:

1.      To serve as the
means by which the Parties address their disputes as well as those that may
reasonable arise because of the Incident, rather than litigate;

2.      To set forth the
obligations and the undertakings of each Party; and

3.      To further
memorialize their understanding through this Agreement.

 

 

ARTICLE II

Obligations of the
Parties

 

1.      The Parties agree
to mutually release each other, their representatives, principals, agents,
employees, officers and directors, and attorneys of all claims, known or
unknown at the time of the execution of this Agreement, arising from or
relation to the Incident.

2.      As regards the claims
of Rommel N. Cabanilla and heirs of Brendon P. Abrera, Second Party submits
that its insurance company, Alpha Insurance & Surety Co. Inc, undertakes to
indemnify the abovementioned in accordance with the provisions of Second Party’s
Commercial Vehicle Policy No. CV-C7-297105/17.

3.      Except as otherwise
provided herein, each party undertook to bear their own costs and expenses
relating to the Incident incurred up to and including the Effectivity Date as
defined in Article VI, below.

4.      All pending legal
actions, if any, against the other Party shall be promptly dismissed with
prejudice and without costs to either side.

5.      The Parties further
agree not to initiate, cause to initiate, or participate in any claim or
investigation against the other Party with any governmental agency.

6.      The Parties agree
that prior to signing, they have thoroughly reviewed this Agreement and
understood and agreed with the terms and provisions contained herein.

7.      All terms of this
Agreement shall remain confidential except as otherwise provided under
Philippine Law.

8.      The Parties
acknowledge and agree that:

a.      No other
consideration other than as provided for by this Agreement has been, is being
or will be paid or furnished;

b.      No representations
or warranties have been or are being made by any Party to any other Party
unless expressly set forth in this Agreement; and

c.       Each Party affirms
that it has not relied upon anything said or done by the other Party outside of
the content of this Agreement.

 

 

ARTICLE III

Settlement of
Disputes

 

Any
dispute between the Parties arising out of the interpretation or implementation
of the Agreement shall be first settled amicably through consultation or
negotiation between the Parties. In case of failure to settle dispute amicably
and thereafter the dispute reach the courts of law, the parties agree that the
competent courts of City of Manila only shall have exclusive jurisdiction over
the same.  

 

 

ARTICLE IV

Coverage

 

            This Agreement contains the entire
agreement of the Parties with respect to the subject matter of this Agreement
and there are no other promises or conditions in any other agreement, whether
oral or written. The Parties have had a full and complete opportunity to
consult with their respective legal counsel prior to signing and acknowledge
that this Agreement supersedes all prior agreements or negotiations, oral or
written, between the Parties with respect to the subject matter of this Agreement.
No agreements, understandings, commitments, discussions, warranty,
representations, or other covenants, whether oral or written, between the
Parties are included in this Agreement as set forth herein.

 

            Nothing in this Agreement shall be
construed as an admission or evidence of any violation of any contractual
provision, statute, law, rule or regulation or of any liability or wrongdoing by
the Parties, and shall not be used, directly or indirectly, as evidence
thereof, in any action or proceeding.

 

 

ARTICLE V

Binding Effect

 

            The Parties are entering into this
Agreement on behalf of itself, and, to the extent not prohibited by law, its
agents, affiliates, stockholders, partners, employees, directors,
representatives, successors and assigns. This Agreement shall be binding upon,
and inure to the benefit of the Parties and, to the extent not prohibited by
applicable law, its agents, affiliates, stockholders, members, partners,
employees, directors, managers, representatives, successors and assigns.

 

 

ARTICLE VI

Amendments and Effectivity

 

Amendments
to this Agreement can only be made in writing by mutual consent of the Parties.
Any modification or amendment which will be agreed upon by the Parties shall
enter into force on the date to be determined by the parties.

 

If
any part of this Agreement is found to be unenforceable, the other parts shall
remain fully valid and enforceable to the extent consistent with the intent of this
Agreement as a whole.

 

The
Agreement shall be effective on the date of its signing.

 

 

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