MEMORANDUM OF AGREEMENT

This Memorandum of Agreement is made and entered into in the City of Davao,
Philippines by and between:
____________________________________.,
with
office
address
at
____________________________________, Davao City, 8000 Philippines, represented by
____________________________________, company representative, hereinafter referred to
as "The Firm";
- and
ATENEO DE DAVAO UNIVERSITY, an institution of higher learning, with office address at
E. Jacinto Street, Davao City, represented by FR. JOEL E. TABORA, SJ, University President,
hereinafter referred to as "The School".
WHEREAS, The Firm, in its concern for the enhancement of the knowledge, skills,
attitudes, and values of prospective employees, has agreed to provide work-related training to
the student-interns of the Management Department of The School in the form of actual
exposure and/or trainings to the various activities in the different departments or units of The
Firm.
WHEREAS, The School has instituted the Management Department, under which
student-interns of its Management Department undergo an Internship Program at The Firm as
part of the former's effort to adequately expose its student-interns to actual work situations, and
to enable them to acquire the necessary knowledge, skills, attitudes, and values of a competent
and independent professional employees.
NOW, therefore, for and in consideration of the foregoing premises, the aforementioned
parties hereby mutually agree on the following:
A. The Firm shall:
1. Undertake the selection process of the student-interns recommended by The School in
accordance with The Firm's policies and guidelines in recruitment and selection of
personnel;
2. Ensure that the student-interns undergo training related to their course, and provide the
student trainees with work or activities that are varied and challenging;
3. Orient the student-interns about the company and about the job;
4. Designate a Practicum Coordinator/Adviser who will coordinate the various activities
under this program;
5.

Assign an immediate supervisor who will monitor the performance of the student-interns
for the duration of the program;

6. Ensure a safe and conducive working environment for the student-interns;

7.

Accomplish the evaluation form at the end of the Program, and discuss the results of
the performance evaluation with the student-interns;

8. Designate a representative for the culminating activity of the student-interns; and,

9. Inform The School, through its faculty adviser or coordinator, on other matters related to
the program.
B. The School, shall:
1. Recommend student-interns who will undergo on-the-job training under this Internship
Program after going through the usual selection process of The Firm;

2. Designate a faculty coordinator and / or faculty adviser who will coordinate with The
Firm on the various activities under this program;
3. Inform The Firm, through the faculty adviser or coordinator, on other matters related to
the program;-and,
4. Together with the student-interns, faculty and parents concerned renounce and waive
any claim against The Firm for any injury or loss that the student interns may sustain
or may suffer, personal or pecuniary, in the performance of their duties and functions
while under training not attributable to the negligence or willful act of any of the
personnel of The Firm. The waivers of the concerned parties shall be submitted to The
Firm prior to the commencement of the program.
C. Under this Internship Program, the following terms and conditions are likewise included:
1. It is expressly understood that there will be no employer-employee relationship between
The Firm and the student-interns of The School;
2. The student-interns will be personally responsible for any and all liabilities for damage to
property or injury to third persons, which may be occasioned by their intentional or
negligent acts while in the course of their training;
3. The Firm shall see to it that the student-interns complete the agreed scope of work
within the agreed duration of the program;
4. It is expressly understood by The School and the student-interns that all information on
technology, manufacturing process, process standards, quality assurance
methodologies, quality standards, production capabilities, raw material purchasing,
marketing, finance, accounting and all other related documents, manuals, and
operational or technical matters that The Firm shall make available to them shall be
used for the sole purpose of student training and are classified as confidential in nature
and proprietary to The Firm. The student-interns hereby undertake to prevent any
transfer of such information to any party outside of The Firm without its knowledge and
written consent. The School and the student-interns shall strictly observe the
Confidentiality provisions under Section D of this Agreement;
5. Intellectual property shall include any property defined as such by the Intellectual
Property Code of the Philippines (RA 8293);
6. Any intellectual property owned by the parties prior to this agreement shall continue to
be owned by them. The student-interns and The School cannot use any confidential
information or data from The Firm or its clients to create intellectual property without the
express written approval of The Firm;
7. Any intellectual property independently created by the student-intern during the period
covered by the practicum shall be exclusively owned by the student-intern. Should The
Firm provide financial support for the creation of such intellectual property, the
ownership of the intellectual property shall be subject to a subsequent agreement; and,
8. In case the student-intern jointly creates intellectual property with a person connected
with The Firm, the intellectual property shall belong to them jointly. The proportion of
ownership of the said intellectual property shall be subject to a subsequent agreement.
D. CONFIDENTIALITY
1. The School and its student-interns shall only use any Confidential Information for the
purpose of the performance of the activities described in this Agreement;
2. The School and its student-interns shall treat and safeguard, as private and confidential,
all the Confidential Information received at any time from The Firm's employees, officers
or advisers;

3. Save as required by law or regulation, The School and its student-interns shall not, at
any time without the prior written consent of The Firm, directly or indirectly disclose or
permit the disclosure of the Confidential Information to any person or other party;
4. The School shall submit to The Firm the names of the student-interns under the
internship program with a warranty that the former has advised its student- interns, and
they have agreed, that they are strictly prohibited from using, publishing or otherwise
disclosing to others, or permitting others to use for their benefit or to the detriment of The
Firm and its clients, any of the Confidential information. The School hereby assumes
liability for the failure of any of its student-interns to comply with the terms and provisions
of this Agreement;
5. In case a student-intern is deployed or assigned to one of The Firm's clients, such
student-intern shall not, at any time, disclose or divulge to any person or third party any
confidential information, trade secrets or any other proprietary data of The Firm and its
clients;
6. The School agrees to indemnify The Firm against any and all losses, damages, claims,
or expenses incurred or suffered by the latter and its clients as a result of the willful or
negligent breach of this Agreement by the former or by its student-interns;
7. The School and its student-interns understand and acknowledge that any disclosure or
misappropriation of any of the Confidential Information, in violation of this Agreement
which may cause The Firm irreparable harm, shall entitle The Firm the right to apply for
an order, from a court of competent jurisdiction, restraining any such further disclosure or
misappropriation and for such other relief as The Firm shall deem appropriate at any
time up until the final decision is issued by the appropriate court. Such right shall be in
addition to remedies available to The Firm by law or in equity. The School agrees to pay
any legal 'fees that The Firm may incur in enforcing this Agreement;
8. At the conclusion of this internship program, or upon demand by The Firm, all
confidential information, including but not limited to, reports, manuals, financial
statements, accounting documents, ledgers, invoices, correspondence, and all other
materials and copies thereof relating, in any way, to The Firm and/or to The Firm's
clients, and any office equipment received shall be returned by the student-interns of
The School to The Firm;
9. This confidentiality clause shall survive despite the termination of the Internship
program, and shall be governed by Philippine law.
E. DURATION
This AGREEMENT shall hold for the duration of the 2013 School Year of The School, and is
automatically renewable every year, provided that The Firm and The School reserve their
respective rights to withdraw their participation in this agreement upon written notice.
IN WITNESS WHEREOF, the parties hereto have signed these presents on this
______________, in Davao City, Philippines.
BY:
_______________________________
.
______________________
Company Representative

ATENEO DE DAVAO UNIVERSITY

______________________
FR. JOEL E. TABORA, SJ
University President

Signed in the presence of:

________________________

_______________________
ACKNOWLEDGEMENT

Republic of the Philippines ) S.S.

City of____
)
On this ____ day of __ ., 2013 personally appeared before me, a Notary Public in and
for the city of ____, the following persons:
Name

CTC No

Date Issued

______________________

___________

____________

FR. JOEL E. TABORA, SJ.

01777051

Jan. 7,2013

Place Issued
__________
Davao City, Phils.

all known to me to be the same persons who executed the foregoing document and
acknowledgement that the same is an act of their free and voluntary will and deed.
IN WITNESS WHEREOF, I hereunto sign this document and affix my seal of office on this
date and place aforementioned.

NOTARY PUBLIC
Until
PTR
TIN
Doc. No. _____
Page No. _____
Book No. _____
Series of 2013