CONFIDENTIALITY

AND
NON-DISCLOSURE AGREEMENT
KNOW ALL MEN BY THESE PRESENTS:

This agreement is made and entered into the City of Malolos, Bulacan, this ___
day of ______ 2023 between:

Provincial Government of Bulacan, a local government unit, with principal

address at Capitol Building, Capitol Compound, Guinhawa, City of
Malolos, Bulacan, herein represented by its Local Chief of Executive,
HON. DANIEL R. FERNANDO, hereinafter called the “DISCLOSING
PARTY”;

-and-

_________________, ________, with address at _________________,

hereinafter called the “EMPLOYEE”.

The Disclosing Party and the Employee do hereby agree, as follows:

1. As used in this Agreement, the term “Confidential Information” means all

Technical and/or Business information and/or confidential and/or proprietary
business information of the Disclosing Party (including information created or
developed, in whole or in part, by Employee), which is not generally known about
the Disclosing Party or about its business. Confidential Information includes not
only the information itself, but also all documents containing such information,
and any and all such information maintained in electronic or other form. For
purposes of this Agreement, Confidential Information shall not include any
information which Employee can establish was publicly known or becomes
publicly known and made generally available after disclosure to Employee by the
Disclosing Party, through means other than Employee’s breach of his/her
obligations under this Agreement.

2. That during the course of the employment of the Employee, the Disclosing Party
may disclose certain confidential information and/or proprietary business
information of the private business of the Disclosing Party and the Provincial
Government of Bulacan;

3. Employee agrees that, except in promoting the Disclosing Party’s business, and
as necessary in performing the duties of his/her employment with the Disclosing
Party, Employee shall not use in any manner, directly or indirectly, any
Confidential Information. Employee agrees that he/she will never use any
Confidential Information for his/her own benefit or for the benefit of any person or
entity other than the Disclosing Party, and will not permit or allow any
 Confidential Information to be used in competition with the Disclosing Party.
Employee acknowledges and agrees that all Confidential Information is the
exclusive property of the Disclosing Party, and Employee has no independent or
individual claim to such Confidential Information for any purpose. During his/her
employment with the Disclosing Party and at all times thereafter, Employee shall
take all reasonable steps to prevent any unauthorized disclosure or use of any and
all Confidential Information. Employee further agrees to notify the Disclosing
Party immediately in the event that he/she becomes aware of any unauthorized
use or disclosure of Confidential Information.

4. Employee understands and agrees that he/she is being employed for an indefinite
term, and is an “employee at will” whose employment with the Disclosing Party
can be terminated by either Employee or the Disclosing Party at any time. for any
reason, or for no reason at all, with or without advance notice.

5. It is hereby agreed that upon the termination of my employment from Disclosing

Party:

a. The Employee shall return all documents and property of the Disclosing
Party, even if not marked “confidential” or “proprietary,” including but not
necessarily limited to: reports, manuals, correspondence, customer and/or investor
lists, computer programs, and all other materials and all copies thereof relating in
any way to Disclosing Party’s business, or in any way obtained by me during
the course of employment. I further agree that I shall not retain copies. notes or
abstracts of the foregoing.

b. The Disclosing Party may notify any future or prospective employer or

third party of the existence of this Agreement. The Disclosing Party shall be
entitled to injunctive relief for any or threatened breach of this Agreement, in
addition to all other available remedies, including the recovery of monetary
damages.

6. It is also agreed that the Employee shall keep the information confidential and
shall not publish or otherwise disclose such information except to the extent that it
can be established by the Employee by competent proof that such information:

a) Was already known to the Employee, other than under an obligation of

confidentiality, at the time of disclosure and/or presentation;

b) Was generally available to the public or otherwise part of the public

domain at the time of its disclosure to the Employee;

c) Became generally available to the public or otherwise part of the public

domain after its disclosure and other that through any act or omission of
the Employee; and

d) Was subsequently lawfully disclosed to the Employee by a Third Party.

7. All persons listed herein similarly acknowledge that all Confidential Information
is owned solely by Disclosing Party and that unauthorized disclosure or use of
such Confidential Information may result to filing of civil, criminal and
 administrative complaint. Accordingly, any one or all persons listed herein agree
that Disclosing Party shall have the right to obtain an immediate injunction
enjoining any breach of this Agreement, as well as the right to pursue any and all
other rights and remedies available at law or in equity for such breach.

8. This Agreement shall be constructed, interpreted, and applied in accordance with

the laws of the Republic of the Philippines, subject to the terms and conditions as
set of forth under the provision of this Agreement. Any violation of the provisions
of this Agreement shall give cause for Disclosing Party to proceed against the
Employee for appropriate action such as civil, criminal, or administrative charges
of Gross Misconduct with payment of damages amounting to ONE HUNDRED
THOUSAND PESOS (Php100,000.00.) from each violation.

9. In the event of dispute arising and/or resulting from this Agreement, it is expressly
agreed that the venue thereof shall be exclusively filed in the courts of the City of
Malolos, Bulacan.

10. This Agreement shall be in effect for five (5) years from the date of the last
disclosure of Confidential and Proprietary Information, at which time it will
terminate.

This Agreement may be modified upon written agreement between the Parties.

IN WITNESS WHEREOF, the parties hereto have caused this Non-Disclosure

Agreement to be executed this ___ day of ___________ at __________________.

THE PROVINCIAL GOVERNMENT OF BULACAN:

Disclosing Party

By:

HON. DANIEL R. FERNANDO

Provincial Governor

AGREED AND ACCEPTED BY:

_______________________________________________

Employee’s Signature Over Printed name

Date:_____________________________
Place: ____________________________

Signed in the presence of:

 ___________________________ _________________________
Witness Witness

ACKNOWLEDGMENT

Republic of the Philippines)

City of Malolos, Bulacan ) S.S.

BEFORE ME, this _________ day of _________________ 2023, in the City of

Malolos, Bulacan, Philippines, personally appeared -

HON. DANIEL R. FERNANDO

______________________________
________________________ ______________________________

and known to me to be the same persons and authorized representatives of the Provincial
Government of Bulacan and National Bureau of Investigation – Bulacal District Office,
who executed the foregoing instrument, and they acknowledged to me that the same is
the free and voluntary act and deed of the parties they respectively represent.

Doc. No. _____;

Page No. _____;
Book No. _____;
Series of 2023.