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c. duly licensed and properly screnned and cleared by the P.N.P, N.B.I and other government offices issuing clearances for employment;
d. in proper uniform and must have other security paraphernalia such as flashlight, redio, night stick etc. armed with appropriate and functional rifle, shotgun, pistol or revolver, with sufficient ammunition at all times during his hours of duty;
e. must have passed the neuro-psychiatric exam; and
in possession of such other qualifications required by Republic Act No. 5487 as amended.
The CLIENT must be furnished copy of license and result of exam mentioned under c) and e) above.
5. Mode of Payment
For and in consideration of the above services and during the effectivity if this Contract, the CLIENT shall pay the SECURITY COMPANY the sum of PESOS TEN THOUSAND FOUR HUNDRED NINETY ONE AND 95/100 (P10,941.95) per guard per month, one half of which consideration shall be paid every 15th and the other half every end of each month without need of demand.
It is understood that a portion of the above consideration equivalent to that amount to which the security guard/s is/are entitled by way of salary or compensation shall be recieved by the SECURITY COMPANY from the client in trust only for said guard/s.
The CLIENT hereby agrees that it shall pay interest on accounts covered by billings recieved by the CLIENT and unpaid for (30) days or more from the time said billings become payable at teh rate of twelve per cent (12%) per SECURITY COMPANY to terminate this contract immediately for failure of CLIENT to pay the aforestated consideration in accordance with its terms.
The SECURITY COMPANY shall be entitled to an adjustment of the stipulated contract price in the event that the minimum wage is increased or in the event that increased fringe benefits in favor of the employees are promulgated by law, degree or wage order subsequent to the execution of this contract. Said adjustment shall be equivalent to the amount of increase in the minimum wage or the amount of increased fringe benefits promulgated or both as the case may be.
This provision, however, will not apply if the CLIENT is exempted thereform by the expressed provisions of said law, decree or wage order or has applied and is granted exemption thereform.
6. Supervision and Control
The SECURITY COMPANY shall exercise strict discipline, close supervision and exclusive control and administration over its guards in accordance with law, ordinances and pertinent governmental rules and regulations as well as the rules and policies laid down by the CLIENT on the matter. In so far as enforcement of police and company rules and regulations related to security and safety is concerned, the CLIENT shall exercise supervisionand control over the guards.
7. Equipment and Uniform
The guards that the SECURITY COMPANY shall provide shall be equipped with duly licensed firearms, ammunitions, night sticks, uniforms and other paraphernalia for security purposes, at their own expense.
8. Liability to Guards and Third Parties
The SECURITY COMPANY is NOT an agent or employer of the CLIENT and the guards to be assigned by the SECURITY COMPANY to the CLIENT are in no sense employees of the latter as they are for all intents and purposes employees of the SECURITY COMPANY. Accordingly, the CLIENT shall not be responsible for any and all claims for personal injury or death caused to any of the guards or to any third party where such injury or death arises out of or in the course of performance of guard duties.
9. The SECURITY COMPANY shall not be liable for losses and/or damages due to a fortuitous events or force majeure beyond the control and competence of the guard to prevent; The provision of the New Civil Code shall be applied in determinig the amount and liability thereto;
10. Replacement of Any Guard
The CLIENT has the prerogative to have a guard change or replaced at any time whose work it funds or believe to be below standard, or whose conduct is unsatisfactory, or is prejudicial to its interest, as determined by the CLIENT. The judgement of the interest as determined by the CLIENT on such matters shall be final and binding and should same as valid cause for the termination of this Contract, plus damages, as the case may be.
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