JOINT POLE

AGREEMENT
 TABLE OF CONTENTS

Standard Joint Pole Agreement………………………………………………………… 3

Article I: General Provisions ………………………………………………………… 4

Article II: Definitions of Terms………………………………………………………… 4
Article III: Request to Attach ………………………………………………………… 5
Article IV: Safety Regulations and Clearances……………………………………... 6
Article V: Installation of Attachments……………………………………………….. 7
Article VI: Maintenance …………………………………………………………………. 9
Article VII: Pole relocation/Retirement and Vacating by Lessee………………… 10
Article VIII: Change in Character Circuit……………………………………………… 11
Article IX: Cost of Construction and Pole Rental Charges………………………. 12
Article X: Liabilities and Damages…………………………………………………… 13
Article XI: Assignment of Rights………………………………………………………. 15
Article XII: Notices and Conditions……………………………………………………. 15
Article XIII: Effectivity……………………………………………………………………... 16

Standard Joint Pole Drawings…………………………………………………………... 17

i. SJPD01 ……………………………………………………………………..… 18
ii. SJPD02 ……………………………………………………………………….. 19
iii. SJPD03 ……………………………………………………………………….. 20
iv. SJPD04 ……………………………………………………………………….. 21
v. SJPD05 ……………………………………………………………………….. 22
vi. SJPD06 ……………………………………………………………………….. 23
vii. SJPD07 ……………………………………………………………………….. 24

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 JOINT POLE AGREEMENT (JPA)

This Agreement, made ad entered into, by and between:

NEGROS ORIENTAL I ELECTRIC COOPERATIVE, INC. a cooperative duly organized

and existing under the laws of the Philippines, with principal office located at
Tinaogan, Bindoy, Negros Oriental, represented by its Board President, LARRY V.
BARRERA, hereinafter referred to as “Lessor”;

-and-

NJ PC IDEAS NET ZONE, a corporation duly organized and existing under the laws of
the Philippines, with office address at 2nd Floor N. Electona Bldg., Zamora St., Brgy.
Ubos, Bayawan City, Negros Oriental represented by its Proprietor, NEAH SHEENA
ELECTONA-CALDA, hereinafter referred to as known as the “Lessee”;

W I T N E S S E T H: That –

WHEREAS the Lessor owns, operates and maintains lines of wires, cables and
poles and is engaged in the business of providing electrical service within it franchise
area particularly in the Districts of BAIS CITY, MABINAY, MANJUYOD, BINDOY,
AYUNGON; TAYASAN, JIMALALUD, LA LIBERTAD, GUIHULNGAN CITY,
VALLEHERMOSO, CANLAON CITY;

WHEREAS, the Lessee operated and maintains, communication facilities within

the Lessor’s franchise area where the Lessor has existing electric pole;

WHEREAS, the Lessee desires to use the Lessor’s Communication Space for its
communication facilities; and

WHEREAS, the Lessor has agreed to lease to the Lessee the said
Communication Space, under the terms and conditions set forth herein.

WHEREAS, the conditions which determine the necessity or desirability of joint

use depend upon the service requirements of both parties, including considerations of
safety and economy, and that the LESSOR is the sole judge to determine whether the
pole is suitable for joint use or not.

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

the mutual covenants and stipulations hereinafter set forth, the parties agree as
follows:

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 ARTICLE I
GENERAL PROVISIONS

This Agreement covers the Communication Space of existing and subsequently erected
electric distribution poles of the Lessor for jointly use within its franchise area. This
does not grant the Lessee absolute access to and use of any contracted
Communication Space. Before any attachment is made to the pole, the Lessee shall
submit a project proposal/request to attach for evaluation and approval by the Lessor.

ARTICLE II
DEFINITION OF TERMS

For purposes of his Agreement, the following terms when used herein shall have the
following meanings:

a) “Attachments” on Standard Joint Pole shall also include guys, poles fixtures,
and other accessories aside from the basic communications facilities.

b) “Communication Space” shall be the vertical space on a Standard Joint Pole,

typically between the elevations of eighteen feet (18 ft.) and twenty one feet (21
ft.) above ground level.

c) “Communication Facilities” means, when used to describe facilities attached to a

Standard Joint Pole, Lessee’s facilities used to transmit telephone, internet,
cable television, or other signals as defined by the Philippine Electrical Code.

d) “Change in Character of Electric Supply Circuit” means a change on a Standard

Joint Pole line construction due to addition of circuit or circuits or equipment
which require additional space on the pole;

e) “Construction Standards” are those construction specifications outlines in

drawings.

f) “Standard Joint Pole” shall be a minimum of thirty-five (35) foot-pole owned by

the Lessor of a class sufficient in strength to meet the requirement of the latest
edition of the Philippine Electrical Code, (PEC) Part II for jointly used poles.

g) “Third party” is defined as an entity aside from the Lessor and the Lessee whose
role in this Agreement may fall in any of the following instances:

i. A Private Property Owner requesting for either pole and/or guy relocation
for his own conveniences.
ii. Any Local or National Government Unit, National Institution, or
Government Agency requesting for either pole and/or guy relocation, the
purpose of which is not directly related nor covered by public work
projects.
iii. Any private citizen or entity or any government entity who may have a
claim for damages arising from situations stipulated under Section 16 of
this Agreement.

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h) “Unauthorized Pole Attachment” means a pole attachment(s) installed by Lessee
at a point in time when the Lessee did not receive, or had not yet received,
written authorization from Lessor to install such attachment, or a pole
attachment that has been installed by Lessee that is not in compliance with the
requirements of this Agreement.

ARTICLE III
REQUEST TO ATTACH (RTA)

Section 1. Any Attachments and/or revisions to be made by the Lessee of its

communication facilities and related equipment to Standard Joint Pole,
whether for one pole or for a number of poles, shall be covered by a project
proposal/request to attach with corresponding detailed design drawings,
locations, pole numbers and character of circuits. Both parties shall
undertake a joint inspection within ten (10) days from submission of RTA
and the Lessor shall notify the Lessee of the approval, conditional approval
or denial of the request through fax, electronic mail or other electronic
means within five (5) days after receipt. If approved, the Lessor shall issue a
Notice to Proceed to the Lessee prior to implementation of the proposed
project.

Section 2. The Lessor reserves the right in its sole discretion to exclude any
of its poles from jointly used poles under this Agreement for any reason
Lessor deems appropriate, including without limitations poles which in the
Lessor’s judgment are necessary for its own sole use, and poles which
support, or are intended to support, facilities of such a character that in the
Lessor’s judgment the proper rendering of its service now or in the future
makes joint use of such poles undesirable. Lessee agrees that the Lessee’s
use of the Communications Space shall be contingent upon there being
enough pole space remaining beyond that required by the Lessor.

Section 3. Right of Way for others Party’s – No guarantee is given by the

Lessor that any necessary permission from other property owners,
municipalities or other entities for the use of its poles by the Lessee shall be
granted. If objection is made and the Lessee is unable to satisfactorily settle
the matter within a reasonable time, the Lessor may require the Lessee to
remove its Attachments from the pole involved and the Lessee shall within
fifteen (15) days after receipt of said notice, remove its Attachments from
such poles at its sole expense; otherwise the Lessor may affect the removal
at the expense of the Lessee.

Section 4. Unauthorized Pole Attachment. A pole attachment(s) installed by

Lessee at a point in time when the Lessee did not receive, or had not yet
received, written authorization from Lessor to install such attachment, or a
pole attachment that has been installed by Lessee that is not in compliance
with the requirements of this Agreement.

Section 4.1. If any of the Lessee’s pole Attachment(s) for which no

written permission has been issued by the Lessor shall be found
attached to the Standard joint Pole, the Lessee shall be notified of

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 such Unauthorized Pole Attachment. The Lessee shall contact the
Lessor within thirty (30) calendar days of such notification in an
effort to resolve such Unauthorized Pole Attachment must be
removed, the Lessee shall remove said Unauthorized Pole
Attachment within ten (10) working days upon receipt of a written
notification to do so. In the event that the Lessee fails to remove
such Unauthorized Pole Attachment within such ten (10) day
period, the Lessor may, at Lessee’s expense, remove any such
Unauthorized Pole Attachment.

Section 4.2. No act or failure to act by the Lessor with regard to

the Unauthorized Pole Attachment by Lessee shall be deemed as a
ratification of or permission for the Unauthorized Pole Attachment.
If any such permission should be subsequently issued, such
permission shall not operate retroactively or constitute a waiver by
the Lessor of any of its rights and privileges under this Agreement;
provided, however, that the Lessee shall be subject to all liabilities,
obligations and responsibilities of this Agreement from its
inception with regard to any Unauthorized Pole Attachment.

ARTICLE IV
SAFETY REGULATIONS AND CLEARANCES

Section 5. Safety regulations and clearances as specified in drawings

numbered SJPD01 – SJPD07 hereof, shall be maintained and observed in all
Standard Joint Pole.

Section 6. All communication facilities attached to Standard Joint Pole shall

be installed in a manner to ensure compliance with all applicable
engineering and safety standards governing the installation, maintenance
and operation of Communication and Distribution Facilities and the
performance of all work in or around such facilities, including without
limitation the most recent versions of Philippine Electrical Code, the
Construction Standards of the National Electrification Administration, the
Philippine Rural Electrification System Safety Handbook and the regulations
of the Occupational Safety Health Standard, each of which is incorporated
by reference in this Agreement, as such standards, regulations and codes
may be revised from time to time, and/or other reasonable safety and
engineering requirements of Lessor or local authority with jurisdiction over
the Lessor.

Section 7. Lessee shall NOT install any Pole Attachments higher than twenty
one feet (21’) above ground level on any Standard Joint Pole in order to allow
for the Electrical Energy Space at the top of the pole. For the purpose of this
Agreement, Lessee’s Communications Space shall occupy 1.0 feet of vertical
space on a Standard Joint Pole and Lessee agrees that the use of the
Communications Space for Lessee Communications Facilities shall be
contingent upon there being enough pole space remaining to provide basic
clearance as required by Lessor’s Construction Standards.

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Section 8. The Lessee shall ensure that its crossover cable or wires, along or
across the railroad, street and highway, do not sag lower than eighteen feet
(18ft.)

Section 9. The Lessee shall maintain a minimum clearance of two feet six
inches (2 ft. 6 in.) between its cable and the Lessor’s secondary wire and
minimum clearance of eight feet four inches (8 ft. 4 in.) between its cables
and the Lessors primary wires at mid span. The Lessor shall attach its
secondary wires at the higher level of the pole with a minimum separation of
four feet (4 ft.) from the point of attachment of Lessee’s cable.

Section 10. For the new application of service requiring the installation of a
pedestal pole, the Lessor shall recommend to their prospective consumer the
installation of such pedestal pole with sufficient height to maintain a vertical
clearance of two feet (2 ft.) between conductors of both entities.

Section 11. On railroad, road, street and highway crossings, street corners
and along bridges/river crossings whose width are twenty (20) meters and
above, the Lessee shall install its own poles for safety reasons, in case the
Lessee installs intermediate poles between existing taller Lessor poles to
support its Attachments, the Lessee shall inform the Lessor at least seven
(7) days from date of installation of said pole. The Lessee shall install
intermediate poles lower than the Standard Joint Pole so as to avoid
touching the electrical power lines bypassing the communication facilities.
In case the Lessee installs intermediate poles equal or higher than the
Standard Joint Pole, Lessee shall provide insulators on its installed
intermediate poles that touch the Lessor’s distribution lines.

Section 12. The Lessee shall not be allowed to install tightly pulled cables. The
tension on the cables shall be in accordance with safe engineering practices.

ARTICLE V
INSTALLATION OF ATTACHMENTS

Section 13. Installation of Cables. Any or all cables which are intended for
installation or attachment to Standard Joint Poles, must be duly approved
by the Lessor, and the Lessee must adhere to the following rules and
procedures.

Section 13.1. The attachment to Standard Joint Pole must be

mounted only within the Communication Space allocated to it in
such manner it would not deprive or affect the use of the Lessor of
its poles nor deprive the other Standard Joint Pole users of
adequate and effective use of the space allocated to them under
separate contracts.

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 Section 13.2. The Lessee shall NOT bore holes or deface in any
manner the Standard Joint Pole and use pole clamps for support of
its approved attachments.

Section 13.3. The Lessee shall install down-guy on all angle run,
corner run & dead-end construction before cable stringing;

Section 13.4. Lessee’s cable/wires shall be installed and shall be

bundled or clustered to prevent the wires from sagging and
maintain its required safety clearance.

Section 13.5. The Lessee shall identify its own cable attached to
the pole through a color coding tag or any identifying mark/design
based on their approved national standard and should be made
known to the Lessor.

Section 13.6. The Lessee shall install its pole for safety reasons on
railroad, road, street and highway crossings, street corners and
along bridges/river crossings whose width/span is twenty (20)
meters and above;

Section 13.7. The Lessee must not install any communication

equipment/devices or roll of cables on the pole to keep the climbing
space of Lessor’s linemen clear at all times.

Section 13.8. The Lessee shall provide insulators on its installed

intermediate poles that may touch the Lessor’s distribution lines.

Section 14. Installation of Communication Equipment/Devices

Section 14.1. The Lessee’s power supply unit, riser conduit pole,
terminal boxes and other devices shall be installed at its own
pole/pedestal which shall be individually metered. The power
supply unit including the stub from the power supply unit to
amplifier and metering equipment, shall not be mounted on, or
attached to, the Lessee’s cable facilities or the Lessor’s poles.

Section 14.2. The Lessee shall not tap any of its loads directly to
the Lessor’s power lines. Violation of this rule shall be a ground for
the immediate termination of this Agreement and the removal of
the facilities of the Lessee, without prejudice to its liability under
existing laws.

Section 14.3. The lessee shall apply for electric service, if needed,
with the pertinent distribution company and shall be liable for the
payment of the electric bills.

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 Section 14.4. No riser conduits shall be attached by the Lessee to
the Lessor’s pole. The Lessee shall install its own riser pole to
terminate its overhead and underground installations. Provided,
that the Lessor shall have the right to remove the Lessee’s riser
conduit without further notice if found attached to the lessor’s
pole.

Section 14.5. The Lessee shall put a label to its terminal boxes,
distribution boxes, equipment, or other devices for identification.

Section 15. Guy Support

Section 5.1. Section 15.1. The Lessee shall adequate guy support
to Standard Joint Poles as may be required by its Attachments,
especially at all angle-run and dead-end lines to prevent learning
or breaking of poles.

Section 5.2. The Lessee provide separate anchor blocks or rods to

support its attachment and is hereby prohibited from attaching its
guy support to the existing support facilities of the Lessor.

Section 5.3. The Lessee shall not make any attachment to the
Lessor’s pole if it is not possible to install sufficient guy support,
or if the pole is in danger of learning or breaking, or if due to the
condition of the poles and existing Attachments, it is unsafe to
make such attachment.

Section 5.4. The Lessee shall be responsible to the Lessors or

third person damages that may arise from the failure of the Lessee
to provide guy support.

ARTICLE VI
MAINTENANCE

Section 16. Each party shall maintain, at its own expense, its own facilities on
Standard Joint Poles. Lessor shall, at its own expense, maintain its poles in
good condition and whatever necessary, shall replace the same also at its
own expense, specifically but not limited to the replacement of rotten poles.
Each party shall transfer its own attachments to the new pole at its own
expense. Lessee shall conduct regular inspection and examination of its
cables and facilities and shall identify its own cable attached to the pole
through a color coding tag or any identifying mark/design known to the
Lessor.

Section 17. Whenever it is necessary to replace a Standard Joint Pole, Lessor

shall, before making such replacement, give at least fifteen (15) day notice
thereof in writing (expect in cases of emergency where verbal notice will be

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 given, and subsequently confirmed in writing) to the Lessee, the date and
time of such proposed replacement, and the Lessee shall], on the time and
date so specified, transfer its Attachments to the new pole. In the event the
Lessee shall fail to transfer its Attachments to the new pole on the date and
time specified in the notice, the Lessor shall remove the pole and transfer
the facilities to the new pole in the best and safest manner it could be done
with whatever facilities and equipment available from the Lessor. The Lessee
shall save the Lessor from any liability whatsoever that may arise by reason
of the said transfer. The cost of relocating the communication of facilities
shall be borne by the Lessee who failed to relocate its facilities spite of a
notice.

Section 18. When replacing a Standard Joint Pole carrying terminals of aerial
cable or underground connections, the new pole shall be set in such manner
to cause minimum expense in the transfer of the Attachments.

Section 19. Whenever there is a change in the road evaluation due to

government infrastructure project and which affect the specified vertical
clearance between two lines, both parties shall elevate their own facilities at
their own expense.

Section 20. The Lessee shall ensure that all it communication facilities and
related equipment including its service drops, are properly secured and
bundled or clustered to prevent it from sagging and to meet the required
safely clearances and aesthetics.

Section 21. Unused communication facilities and service drops should be

remove by the Lessee from Standard Joint Pole. Non-removal shall be
subject for inclusion on inventory and appropriate pole rental charges.

Section 22. Before installing replacement cables, the Lessee shall conduct a
pole-clearing operation to ensure that all its idle, disconnected, and unused
cables, service wires, drop wires, and other associated accessories and
devices are removes and its low-sagging cables are re-tensioned to meet its
required safety clearance.

ARTICLE VII
POLE RELOCATION/RETIREMENT AND VACATING BY LESSEE

Section 23. Pole relocation. Whenever it is necessary to charge the location of a

Standard Joint Pole by reason of any national, provincial, city, municipal or
government requirements or the requirements of a private property owner,
or for any other reason, the Lessor shall, before making such change in
location, give at least fifteen (15) day notice thereof in writing (except in case
of emergency when verbal notice shall be given, and subsequently confirmed
in writing) to the Lessee, specifying in such notice the date and time of such

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 proposed relocation and Lessee shall on the date and time so specified,
transfer its attachments to the pole to the new location.

Section 23.1. If the relocation is at the request of a third party, and

the cost of the relocation cannot be charge to the said party, the
same time shall be at the expense of the party who owns the
Attachments.
Section 23.2. If the relocation is for the convenience of the third
party, said third party shall be charged by the Lessor and by the
Lessee, separately, of the cost of relocating the pole, line re-routing
and/or transferring of the line facilities attached on the affected
pole/s.

Section 23.3. If the relocation is due to requirements of, or for the

convenience of, either the Lessor or the Lessee, the cost of
relocating the pole and the Attachments shall be at the expense of
the party requiring and/or requesting such relocation and transfer
of Attachments shall be at the expense of the party who owns the
Attachments.

Section 24. Retirement of Poles. Standard Join Poles must be retired by the
Lessor upon given written notice to the Lessee. Within fifteen (15) days upon
receipt of such notice, the Lessee shall remove the facilities therefrom. The
Lessor, on the other hand, shall remove its facilities on the date and time of
retirement specified on said notice. If the retirement does not call for the
installation of the new pole, the Lessee shall install its own poles and
transfer its cables thereat.

Section 25. Vacating Poles by the Lessee. The Lessee may discontinue the use
any Standard Joint Poles at any given time by giving the Lessor fifteen (15)
days advance notice. Upon removal of all the facilities of the Lessee, rental
thereon shall cease. In case the lessee removes its Attachments without the
knowledge of the Lessor, the rental shall continue and in effect until such
time that the discontinuance is known to the latter.

ARTICLE VIII
CHANGE IN CHARACTER CIRCUIT

Section 26. When either party desires to change the character of its circuits on
Standard Joint Poles such that the services of the other party might be
affected, the former shall give fifteen (15) days written notice to the other
party of such contemplated change and in the event that both parties agree
with such changes, then the proponent shall effect such changes. Each
party shall unless otherwise agreed upon, bear its own cost of relocating the
Attachments on existing or replaced poles as necessary.

Section 27. In the event, however, that agreement is not reaches fifteen (15)
days from such written advice, then both parties shall coordinate of each
other in accordance with the following plan:

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 i. The parties shall determine the most practical and economical
methods of effectively providing for separate lines and the party
whose circuits are to be moved shall promptly carry out the necessary
work.

ii. The cost of re-establishing circuits in the new location as are

necessary to furnish the same service facilities that existed in the
joint pole used at the time such change was decided upon, shall be
determined and agreed mutually between the parties.

ARTICLE IX
COST OF CONSTRUCTION AND POLE RENTAL CHARGES

Section 28. The cost of erecting new Standard Joint Poles, either as new pole
line, as extension of existing pole lines, or in replacement of existing poles
shall be borne by the parties as follows:

Section 28.1. A Standard Joint Pole or a pole shorter than the

standard shall be erected at the sole expense of the owner.

Section 28.2. A pole taller than the standard, the extra height of
which is due wholly to the Lessor’s requirements shall be
erected at the sole expense of the Lessor.

Section 28.3. In case of a pole taller than the standard, the extra
height of which is due wholly to the Lessee requirements, the
Lessee shall pay to the Lessor. The total cost of such pole shall
likewise be borne by the Lessee.

Section 28.4. In case of a pole taller than the standard where a

height is in addition to the needed for the purpose necessary
for both parties, to meet the necessary requirements of
national, provincial, city, municipal or any agency of the
government or a third party which cannot be changed (billed),
the cost of installation or replacement due to such
requirements shall be borne by the Lessor and each party shall
install or transfer its own Attachments at its own expense.

Section 28.5. In case of a pole taller than the standard where a

height in addition to the needed for the purpose of either both
parties necessary to meet the requirements of either or both
parties, the cost of the installation or replacement due to such
requirements as well as the cost of installing or transferring
the Attachments thereto based on the respective costing done
by both parties shall be borne by the party requiring the
installation of the taller pole.

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 Section 28.6. Any payment made by the Lessee, above-mentioned,
for the pole taller than the standard shall not, and in any way
affect ownership or said pole or the rentals thereof.

Section 29. Pole Rental Charges. Unless otherwise subsequently agreed upon
by both parties, pole rental charges to be paid by the Lessee to the Lessor on
all jointly used poles shall be in the amount of Four Hundred and Twenty
Pesos (Php 420.00) per cable position per pole per annum or Thirty Five
Pesos (Php 35.00) per cable position per pole per month.

Section 29.1. Billing shall be made on a monthly basis of all poles

jointly used. The statement shall be rendered on the fifth (5th)
day of the following month and payable within ten (10) days
from the date of presentation by the Lessor.

Section 29.2. The number of poles jointly used shall be determined

by inventory as provided under Section 33 hereof. During the
year when no inventory is taken, the number of poles jointly
used shall be determined by adding the reported net contracted
to the previous inventory.

Section 30. Payment of Taxes. The Lessor shall pay all taxes and levies against
it for the property owned by it. All special taxes in the nature of fees and
public taxes of whatever character levied or made on account of Standard
Joint Poles shall be paid by the Lessor owning the Standard Joint Poles.

Section 31. Inventory. An inventory of Standard Joint Poles shall be made

jointly by the Lessor and the Lessee within the first quarter of each year. All
costs incidental of such periodical inventories shall be shouldered equally by
each party.

ARTICLE X
LIABILITIES AND DAMAGES

Section 32. Whenever any liabilities is incurred by either or both parties for
damages, death or injuries to the employees or for damages to the property
of either party, or for injuries to other persons or their property, arising out
of the joint use of poles under this agreement, or due to the proximity of the
wires and fixtures of the parties hereto attached to the Standard Joint Poles
covered by the this Agreement, the liability for such damages as between the
parties hereto, shall be as follows:

Section 32.1. Each party shall be liable for any/or all damages for such
death or injuries to persons or properties caused solely by its failure
to comply at any time with the specifications herein provided for (ex.
Not complying with the required standard clearance), or by any defect
in, or breakage of, its wires, fixtures or connected apparatus, or any
failure of same to function. Either party shall be held liable for any
damage caused during the pay-outing of conductors. The party held

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 liable for such death or injuries to persons or damage to properties
will defend, indemnify and hold harmless the other party against
such liability.

Section 32.2. Each party shall be liable for any or all damages for the
death of, or injuries to its own employees or its own property that
caused by the concurrent negligence of both parties hereto, or that
are due to causes which cannot be traced to the sole negligence of the
other party.

Section 32.3. Each Party shall be liable for one-half (1/2) of all damages
for such death of or injuries to persons other than employees of either
party and for one-half (1/2) of all such damages and injuries to
property not belonging to either party that are caused by concurrent
negligence of both parties hereto, or that are due to causes which
cannot be traces to the sole negligence of both parties hereto, or that
are due to causes which cannot be traced to the sole negligence of
either party.

Section 32.4. The Lessor shall be held blameless and not in any manner
responsible or liable for any death or injury to person or damage to
property that maybe caused by or as a result of the Lessee
Attachments. Likewise, the Lessor shall not be held liable for any
damage to property or injuries to person that may be caused by their
poles which cannot be retired because of the Lessee’s Attachments
remaining intact and which are not yet removed from such owner’s
idle pole after a notice has been served and per provision set forth in
this agreement.

Section 32.5. Where, on account of death or injuries of the individual

described in the preceding paragraph, either party hereto shall make
any payments to injured employees or their relatives or representative
in conformity with the applicable provision of law creating a liability
in the employer to pay compensation for personal injury to an
employee by accident arising out of and in the course of employment,
whether based on negligence on the part of the employer or not, such
payment shall be construed to be damages within terms of the
preceding paragraphs, letters (a) and (b), and shall be paid by the
parties hereto accordingly.

Section 32.6. All claims of damages arising hereunder that are asserted
against or affect both parties hereto jointly, provided, however, that in
care where the claimant desires to settle any such claim upon terms
acceptable to one of the parties hereto but not to the other, the party
to the said terms are acceptable may at its election, pay to the other
its one-half (1/2) share of the expense which such settlement would
involve, and thereupon said other party shall be bound to protect the

13
 party making such payment from all further liability and expense on
account of such claims.

Section 32.7. In the adjustment between the parties hereto of any claim
for damages arising hereunder, the liability assumed hereunder by
the parties shall include, in addition to the amount paid to the
claimant, all expenses incurred by the parties in connection
therewith, which shall comprise costs, disbursements, and other
proper changes and expenditures, but shall not include attorney’s
fees.

Section 32.8. The terms of this section are not intended to include
damages on account of cutting and trimming of trees. All such
damages shall borne by the party doing the cutting or trimming.

ARTICLE XI
ASSIGNMENT OF RIGHTS

Section 33. Expect as otherwise provided in this agreement, neither party

hereto shall assign/transfer or otherwise convey of this agreement or any of
its rights or interest hereunder, or in any of the Standard Joint Poles, or the
Attachments or rights-of-way covered by its agreement, to any firm,
corporation, or individual, without the written consent of the other party;
provided, however, that nothing herein contained shall prevent or limit the
right of either party, to mortgage any or all of its property, rights, privileges
and franchises, or lease or transfer any of them to another corporation
organized for the purpose of conducting a business of the same general
character as that of such party, and owned, operated, leased, and controlled
by it, associated and affiliated of its interest, or connected with it, the use of
any pole covered by this agreement, all such Attachments maintained on
any such pole with the permission as aforesaid of either party hereto shall
be considered as the Attachments of the party granting such permission,
and the rights, obligations, and liabilities of such party under this
agreement, in respect to such Attachments, shall be the same as if it were
the actual owner thereof, provided, that in no case shall the non-owner be
deprived of the effective use of the space allotted to it.

ARTICLE XII
NOTICES AND CONDITIONS

Section 34. Services of Notice. Wherever in this Agreement notice is required to

be given by either party to the other, such notice must be made in writing
and could be given/issued either by personal delivery or through registered
mails to concerned office/s.

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Section 35. Waiver of Terms and Conditions. The failure of either party to
enforce or exact upon compliance with any of the terms or conditions of this
Agreement shall not constitute as a general waiver or relinquishment of any
such terms or conditions, but the same shall be and remain at all times in
full force and effect.

ARTICLE XIII
EFFECTIVITY

The tern of this Agreement shall be effective for a period of one (1) year and
shall commence on ______________________, 2023 and ending on
_____________________, 2024. Thereafter, it shall be considered automatically
renewed from year to year unless terminated by either party for any valid cause
upon a thirty (30) day notice to the other in advance of the intended date of
termination in which case this contract shall be considered terminated at the
end of the thirty (30) day notice.

IN WITNESS WHEREOF, the parties have caused the forgoing

instrument to be executed by their respective officers, thereunto duly
authorized, on this ____ day of ___________________, 2023 at NORECO I Main
Office.

NEGROS ORIENTAL I ELECTRIC COOPERATIVE, INC. NJ PC IDEAS NET ZONE

(Lessor) (Lessee)

BY: BY:

________________________________ ___________________________________
LARRY V. BARRERA NEAH SHEENA ELECTONA-CALDA
Board President Proprietor

SIGNED IN THE PRESENCE OF:

________________________________
ENGR. ELVIN A. DENNOYO ______________________________
OIC - General Manager

15
 ACKNOWLEDGEMENT
(For Lessor)

Republic of the Philippines)

City of____________________) S.S
x-------------------------------x

BEFORE ME, a Notary Public for and in _________________ on this _____ day of
_______, 2022 personally appeared the following:

Name Government ID Expiration/Agency

LARRY V. BARRERA Prof. Driver’s License 2023/02/23 G08

G02-88--017040

Known to me be the same persons who executed the foregoing Joint Pole
Agreement, and they acknowledged to me the same are their voluntary act and deed as
well as that of the Corporation herein represented.

WITNESSED MY HAND AND SEAL this _____ day of ________, 2022.

Notary Public

Doc. No.
Page No.
Book No.
Series of 2022.

16
 ACKNOWLEDGMENT
(For Lessee)

Republic of the Philippines)

City of Pasig ) S.S
x-------------------------------x

BEFORE ME, a Notary Public for and in ___________________ on this _____ day
of _______, 2022 personally appeared the following:

Name Government ID Issued on/Issued at

HELEN M. DESIERTO

Known to me be the same persons who executed the foregoing Joint Pole
Agreement, and they acknowledged to me the same are their voluntary act and deed as
well as that of the Corporation herein represented.

WITNESSED MY HAND AND SEAL this _____ day of ________, 2022.

Notary Public

Doc. No.
Page No.
Book No.
Series of 2022.

17
JOINT POLE
DRAWINGS

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