SPA for TNVS (for New Process 9-15-15)

March 17, 2018 | Author: Celestino Law | Category: Uber (Company), Indemnity, Law Of Agency, Virtue, Common Law


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Description

SPECIAL POWER OF ATTORNEYI, ______________________________________________________________, of legal age, Filipino, and with address at ______________________________________ _______________________________________________________________________, after being sworn in accordance with law, hereby state: 1. I hereby name, constitute and appoint Uber Systems, Inc. ("USI") and/or any of its officers and employees and/or the law firm of Quisumbing Torres and/or any of its lawyers, including but not limited to, Attys. Donemark J.L. Calimon, Grace Ann C. Lazaro and Erasto Miguel G. Aguila, with office address at 12th Floor, Net One Center, 26th Street corner 3rd Avenue, Crescent Park West, Bonifacio Global City, Taguig City, Philippines, to be my lawful attorney-in-fact, for and in my name, place and stead, to do and perform all or any of the following acts, to wit: 1.1. Appear and act, for and on my behalf, before the Land Transportation Franchising and Regulatory Board ("LTFRB"), the relevant courts and/or government agencies, in all stages of my application for a Certificate of Public Convenience ("CPC") and/or Provisional Authority to operate a Transportation Network Vehicle Service ("TNVS") pursuant to LTFRB regulations ("Application"), with full power to identify and authenticate all my documentary submissions to LTFRB on the basis either of their personal knowledge or authentic records. 1.2. Appear and act, for and on my behalf, in any other proceedings before the LTFRB, the relevant courts and/or government agencies, including those in connection with any CPC or Provisional Authority as may be issued by the LTFRB in my favor. 1.3. To obtain, execute, sign, subscribe to and/or deliver from/to the LTFRB or such other relevant government agencies, as may be appropriate, for and on my behalf, any and all forms, communication, information, documents, agreements or contracts, pleadings, affidavits and/or verifications and certifications, in support of the Application or in connection with any CPC or Provisional Authority as may be issued in my favor, including but not limited to my CPC Application Form, Motion for Provisional Authority, Operator's Data Sheet, List of Vehicles and Drivers, and Statement of Financial Capability Form. 1.4. To cause the registration and/or accreditation, as may be required, of any of my drivers and/or vehicles in connection with the Application or Motion for Provisional Authority, or the renewal of said registration and/or accreditation. 1.5. To obtain, on my behalf or those of my drivers and/or vehicles, passenger accident insurance or such other insurance, as may be required by law, whether from LTFRB-accredited insurance providers or otherwise, and to allow these providers to publish and/or disclose information that I have provided as may be necessary or proper in connection with the processing and issuance of the insurance policy. 1.6. To establish and conduct, for and on my behalf, driver's training program for my drivers, as may be required by LTFRB regulations. 1.7. To process and provide such information to the LTFRB or other relevant government agency, as may be required by said agencies, the applicable regulations and/or under Philippine laws, including but not limited to personal information or data that I have provided to USI, its affiliates or other related parties, whether electronically or 1 notices. orders or resolutions in relation to the Application and the CPC and/or Provisional Authority as may be issued by the LTFRB in my favor.9. including the renewal of or any amendments to my CPC. 1. 4. withhold from them the authority to receive summons on my behalf.13. 1. 1. I. To deliver and pay any amounts that may be assessed by the LTFRB as filing fees for the Application or Motion for Provisional Authority and any other fees payable to the LTFRB. and/or any of their officers and employees. I hereby ratify and confirm all that said attorneys-in-fact shall lawfully do or cause to be done or shall have lawfully done or have caused to be done in accordance with the foregoing authority. To apply for authority with the relevant airport management to enable me and my drivers to provide transportation services to and from airports. To process and disclose to USI's affiliates. In addition to the BIR-registered official receipts that I am required to issue to riders. as may be required. The foregoing power and authority may be exercised and performed by said attorneys-infact separately and individually. as fully to all intents and purposes as I might or could lawfully do if personally present.8. I hereby recognize that said attorneys-in-fact are independent entities/individuals. including the originals of the CPC. related parties or appointed agents) acknowledgement receipts by email for payments made by riders for the transportation service rendered by me or my drivers. and regardless of when they were provided by me. Provisional Authority and/or to the list of accredited drivers and vehicles as required under LTFRB regulations. related parties or any third party information that I have provided. Provisional Authority and official receipts for payments made.12. They have agreed to assist me in connection with the activities described above solely for the purpose of and in connection with 2 . and regardless of when they were provided by me. I hereby grant unto said attorneys-in-fact full power and authority to do and perform any and all other acts and things necessary and proper in connection with the implementation of the foregoing authority. To receive from the LTFRB any communications. 1. To perform and discharge any and all acts necessary and expedient to protect and defend my interests. or whether through the Uber App or otherwise. 2.otherwise.11. 1.14. whether electronically or otherwise. however. 1. as may be necessary or appropriate to implement the foregoing authority and/or in connection with my acting as an accredited TNVS of USI. including but not limited to personal information or data that I have provided to USI. To cause the registration or re-classification of the registration of my vehicles with the Land Transportation Office. to issue on my behalf (whether by USI itself or through its affiliates. 3.10. or whether through the Uber technology application ("Uber App") or otherwise. including their affiliates and related parties. except if such acts are adverse to and will prejudice the rights and interests of said attorneys-in-fact. 1. such as those in relation to the Application and/or the CPC or Provisional Authority as may be issued by the LTFRB in my favor and such other matters that relate to my status as a TNVS. actions. demands. enjoyment or exercise of any CPC or Provisional Authority as may be issued in my favor. joint enterprise. I further recognize and agree that the authority herein granted shall not be deemed to create any joint venture. damages. judgments. its affiliates and/or related parties. I will defend. I further recognize that Quisumbing Torres is USI's counsel and. in connection with and in relation to the information and documents I have provided in support of the Application or Motion for Provisional Authority or in connection with the use.my Application and my Motion for Provisional Authority. ___________________________ Signature over print name 3 . its affiliates and/or related parties. in case of a dispute between myself and USI. 5. without limitation. agency or other relationships between myself and said attorneys-in-fact except such agency relationship in connection with the limited purposes stated above. proceedings. The attorneys-in-fact shall have no right to enter into contracts on my behalf. or to otherwise be involved in my operations as a TNVS or in the use. employees. I hereby consent to Quisumbing Torres' representation of USI. all costs and expenses incurred in disputing or defending any of the foregoing on a full indemnity basis) arising from. suits. partnership. their directors. expenses. officers. losses. I have hereunto signed these presents on this ___ day of _______________ 2015. against me. deficiencies and/or disbursements of any kind or nature whatsoever (including. associates and/or agents free and harmless from and against any and all liabilities. partners. to legally bind and/or to incur debt or any liability or obligation on my behalf. IN WITNESS WHEREOF. enjoyment or exercise of any CPC or Provisional Authority as may be issued in my favor. indemnify and keep said attorneys-in-fact. costs. obligations. claims. _____. Page No. IN WITNESS WHEREOF. I have hereunto set my hand and affixed my notarial seal on the date and at the place indicated above. _____. 4 . and he / she acknowledged to me that the same was his / her free and voluntary act. a Notary Public for and in the city named above. personally appeared: Competent Evidence of Identity Type of ID ID Number and Expiry Date (if applicable) Affiant Community Tax Certificate Number Date/Place Issued 1 2 executed this Special Power of Attorney.ACKNOWLEDGMENT REPUBLIC OF THE PHILIPPINES) CITY OF TAGUIG ) ss. No. who made oath to the truth thereof. _____. Series of 2015. Doc. BEFORE ME. Book No.
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