MEMORANDUM OF AGREEMENT BETWEEN LOS BANOS BLUE FINS SWIM CLUB AND THE DEPARTMENT OF HUMAN KINETICS, CAS,

UPLB

SECTION I. PURPOSE: The purpose of this Memorandum of Agreement (MOA) is to establish a mutual framework governing the respective organizational relationships, responsibilities, and activities between LOS BANOS BLUE FINS SWIM CLUB and the DEPARTMENT OF HUMAN KINETICS. This agreement is primarily for utilization of the Baker Pool (whatever DHK calls it) by the members of the LOS BANOS BLUE FINS SWIM CLUB. The areas of responsibility and relationships presented herein provide the concept under which the agreement will be executed. SECTION II. AUTHORITY: a. Republic Act 9500, Section 3, paragraphs (d), (e), (f), Section 8, and Section 10. b. The Constitution of the Republic of the Philippines, 1987. Article II, Section 9, 13, 17, and 23. SECTION III. BACKGROUND: (Kindly write here the history of the Club and its relationship with DHK. A brief description of DHK should also be added. Also, it might be very helpful to write the impetus for the Clubs decision to enter into a MOA with DHK, i. e. donation of various good and equipment, and undertaking of construction projects for the benefit of the university.) SECTION IV. DESCRIPTION OF SERVICES/FACILITIES TO BE PROVIDED: a. The facilities and services that DHK may provide under this MOA include the use of the POOL and allied facilities and services for the purposes of the Club in training the members in swimming and triathlon, and such other related facilities and services as may be agreed upon in the future. b. Nothing in the MOA shall be construed to require, compel, or force the Club to use DHK facilities or to require, compel, or force DHK to make available any facilities and/or provide any services to The Club, except as may be set forth in this MOA and corresponding Support Agreements, if utilized.

Page 1 of 5

SECTION V. RESPONSIBILITIES OF THE PARTIES: The following paragraphs identify responsibilities of the organizations involved: a. DHK Responsibilities. DHK shall make available to the Club facilities and/or services in accordance with the purpose, terms, and conditions of this MOA and implementing arrangements, as appropriate. Specifically, DHK will provide the following facilities and/or services. 1. DHK will make the POOL, or at least two (2) lanes of the POOL, available from Monday to Friday from 4:30 to 7:00 in the evening, and during Saturdays and Sundays at a convenient time agreed by DHK or its personnel and the Club. 2. DHK will ensure the availability of the services of a lifeguard for the duration of the members training. 3. DHK will ensure that the facilities are available for the use of the Club during the times agreed upon. Notice of unavailability of any facilities should be communicated to the Club representative at least three (3) working days before the date of the expected unavailability, or at the earliest possible time. 4. Notice is not required for Regular, Special non-working holidays, national emergencies, natural and man-made disasters, and fortuitous exigencies. 5. DHK reserves the right to refuse admittance to members who fail to pay the required pool fees. b. The Clubs Responsibilities. The Club members shall use the facilities with utmost care and treat DHK personnel with respect. The Club members shall use the facilities in DHK in accordance with the purpose, terms, and conditions of this MOA and implementing arrangements, as appropriate. 1. The Club members will comply with all the rules set by DHK for the use of the pool and allied facilities. 2. The Club members will pay the required fees for the use of the pool. 3. The Club will bear the cost of overtime pay for the services of a lifeguard if it requires the services of a lifeguard beyond his working hours. 4. (dagdagan nyo nalang po. At wala na ko maisip sa part na ito. Hahaha!)

SECTION VI. MANPOWER & RESOURCES: No additional manpower and/or resources are anticipated to be required from either party. DHK will execute its responsibilities from the resources allocated through the Universitys normal allocation process. The Club shall bear its own expenses in executing its responsibilities. SECTION VII. APPLICABLE LAWS: The applicable statutes, regulations, directives, and procedures of the Republic of the Philippines shall govern this MOA and all documents and actions pursuant to it. Unless otherwise required by law, all transactions, activities, and all other dealings undertaken by The Club and DHK shall be governed by the Universitys policies and procedures.

Page 2 of 5

SECTION VIII. CONTRACT CLAIMS AND DISPUTE RESOLUTION: All claims and disputes by either parties arising under or relating to this MOA shall be resolved in accordance with Philippine law and the terms of the MOA. In the event of a dispute between the parties, The Club and DHK agree to use their best efforts to resolve that dispute in an informal fashion through consultation and communication, or other forms of non-binding alternative dispute resolution mutually acceptable to the parties. The parties agree that, in the event such measures fail to resolve the dispute; they shall refer it for resolution to the Office of the Dean of the College of Arts and Sciences or such other entity as agreed to by the parties. The paragraphs below describe the procedure for dispute resolution: a. The Dean of the College of Arts and Sciences shall have dispute resolution authority for these claims and disputes. b. Any decision rendered by the Dean may be appealed to the Vice-Chancellor for Community Affairs or its successor. c. Any decision rendered by the Vice-Chancellor for Community Affairs or its successor may be appealed to the Chancellor of the University. Any decision rendered by the Chancellor does not bar either party to file an action at the appropriate court. d. In lieu of appealing to the Vice-Chancellor or Chancellor or their respective successors, the Club may bring an action directly to the Regional Trial Court in Calamba City, Laguna. The Club may also seek an Advisory opinion of the Secretary of Justice or its successor. b. Both parties shall bear their own expenses for all litigation involving disputes and appeals. Both parties shall notify one another of any such litigation and afford an opportunity to review and comment on the litigation proceedings and any resulting settlement negotiations, as appropriate. SECTION IX. COMMUNICATIONS AND COORDINATION REPRESENTATIVES: To provide for consistent and effective communication between the DHK and the Club, each party shall appoint a principal representative to serve as its central point of contact on matters relating to this MOA. The principal representatives for this MOA are listed below. (place here Club presidents full contact info and back-up person [maybe Coach Omar]) (DHK should also put their contact info here.)

SECTION X. MISCELLANEOUS: a. Other Relationships or Obligations. This MOA shall not affect any pre-existing or independent relationships, transactions, undertakings, or obligations between the parties. b. Survival. The MOA shall remain in force notwithstanding the change in leadership, administration, and/or personnel in the DHK or in the College of Arts and Sciences. The provisions of this MOA that require performance after the expiration or termination of this MOA shall remain in force notwithstanding the expiration or termination of the MOA. Page 3 of 5

c. Severability. If any provision of this MOA is determined to be invalid or unenforceable, the remaining provisions shall remain in force and unaffected to the fullest extent permitted by law and regulation. SECTION XI. REVIEW: This agreement will be reviewed annually to ensure adequate identification of support requirements. Additional reviews may take place when changing conditions or circumstances require substantial changes or development of a new agreement. Minor changes may be made at any time by correcting the existing document or attaching a memorandum to the basic document. Changes must be coordinated and initialed by a representative of both parties.

SECTION XII. AMENDMENT, MODIFICATION AND TERMINATION: This MOA may be amended or modified only by written, mutual agreement of the parties. Either party cannot terminate this MOA without communicating and consulting the other party. A party who wishes to terminate this MOA will follow the procedure set forth in this Section: a. A party who wishes to terminate this MOA will inform the other party thru its principal representative by a written notice. The written communication shall contain the intention to terminate and an explanation detailing the reasons for termination. b. Upon receipt of the written notice, the other party will be allowed fifteen (15) work days to respond in writing to the notice. c. Within ten (10) work days upon receipt of the written response, the party wishing to terminate the MOA shall fix a date, time, and place where in a dialogue shall be conducted by both parties. In case the dialogue fails and/or the parties enter into a dispute, Section VIII of this MOA will apply. If both parties agree to terminate the MOA, the date of termination shall be determined by the agreement of both parties. In the event of termination, both parties shall continue to be responsible for all costs incurred by them under this MOA and for the costs of closing out any on-going contractual actions, obligations, and dealings. SECTION XIII. EFFECTIVE DATE: This agreement becomes effective upon the date of the last approving signature and will remain in effect (PLACE PERIOD HERE) until superseded, rescinded, or modified by written, mutual agreement of both parties.

SECTION XIV. ACCEPTANCE OF AGREEMENT:

Page 4 of 5

______________________________ Chairperson Department of Human Kinetics College of Art & Sciences University of the Philippines, RP

_____________________ DATE

________________________ BLUE FINS (PLS FILL UP)

_____________________ DATE

END OF DOCUMENT

Page 5 of 5