( - ) ( - ) ( - ) ( - ) Plaintiff: Compromise Agreement

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COMPROMISE AGREEMENT

KNOW ALL MEN BY THESE PRESENTS:

This Compromise Agreement (“Agreement”) executed by and between:

[__]., herein represented by its [__], [__], duly authorized


for this purpose as shown in the Secretary’s Certificate dated [__],
a copy of which is attached as Annex “A” hereof (“Plaintiff”);

- And -

[__], herein represented by its [__], [__], duly authorized


for this purpose as shown in the Secretary’s Certificate dated [__],
a copy of which is attached as Annex “B” hereof (“Defendant”);

Plaintiff and Defendant are hereinafter collectively referred to as the


“Parties” and individually as the “Party.”

WITNESSETH: That

WHEREAS, the plaintiff and the defendant have pending action docketed
as Civil Case No. [__], entitled “[__]” (“Action”), pending before the Regional
Trial Court, [__], [__], Branch [__] (“Court”);

WHEREAS, to avoid further protracted litigation, the Parties have agreed


to amicably settle their dispute and to terminate the Action, with prejudice;

NOW, THEREFORE, for and in consideration of the foregoing premises


and the mutual covenants stated herein, the Parties have agreed as follows:

Undertakings and Warranties

1. The Parties shall unconditionally and irrevocably jointly move to


terminate the Action pending before the Court, with prejudice, subject to the
following terms and conditions:

(a) Upon the signing of this Agreement, Prudence shall pay to Plaintiff
by way of Manager’s Checks issued by [Bank] the settlement amount
broken down into the following:

[__] UNITED STATES DOLLARS (US$ [__].00), and

[__] PHILIPPINE PESOS (PHP [__].00), collectively, the


(“Settlement Amount”).

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(b) It is expressly understood by the Parties that the Settlement
Amount comprises the full and complete satisfaction of the amicable
settlement of their respective claims and counterclaims in the Action.

2. For the sake of amicably settling this case and in the interest of
maintaining goodwill but without admitting liability in any way, the Parties,
their nominees, successors-in-interest, or assigns shall, upon the Parties’ full
compliance with their respective obligations and undertakings under this
Agreement, (a) desist from further prosecuting their claims or counterclaims in
the Action; and (b) cause the termination of the Action, with prejudice, each
Party to release each other from their respective claims and counterclaims subject
of the Action and to bear their respective costs.

3. The failure of any of the Parties to perform any of their respective


undertakings or obligations or to comply with their warranties and undertakings
described above shall (a) render the breaching Party liable to the other for
liquidated damages in the amount of ONE MILLION PESOS (P1,000,000.00); and
(b) release the non-breaching Party from its undertakings, obligations and
warranties under this Agreement. The above remedies shall NOT be mutually
exclusive of each other and are without prejudice to any other remedies that may
be available to the non-breaching Party.

4. Except in cases of breach by any Party of its obligations and warranties


under the Agreement or the need to enforce any of its terms, the Parties shall
keep the terms of this settlement confidential, and no Party shall openly disclose
the terms of the settlement or the facts, allegations, or other details of the
litigation to any other parties, refraining from making any public comment about
the same except to confirm that a mutually beneficial and amicable settlement
has been attained.

5. Upon signing this Agreement, the Parties shall jointly move the
Court to dismiss the Action, with prejudice.

IN WITNESS THEREOF, the following Parties have signed this


Agreement at [__], Philippines on [__].

Party Signature of Legal Representative

[__]
[__]

[__]
[__]

Signed in the presence of:

________________________________ ________________________________

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ACKNOWLEDGMENT

REPUBLIC OF THE PHILIPPINES)


) S.S.

BEFORE ME, a Notary Public for and in ____________________,


Philippines, this ___________________, personally appeared the following
persons, whose identity I have confirmed through the following government
issued identification documents, and who showed to me their Community Tax Certificates also as
follows:

Name Government ID Card


Details

[__]

[__]

known to me and to me known to be the same persons who executed the


foregoing Compromise Agreement, consisting of three (3) pages including this
one on which the Acknowledgment appears, and who acknowledged to me that
the same is their free and voluntary act and deed and those of the corporations
they represent.

WITNESS MY HAND AND SEAL.

Doc. No. ____;


Page No. ____;
Book No. ____;
Series of 20[__].

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