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2. The AGENCY shall assign post or detail three (3) security guard duly
licensed, uniformed and armed in strategic post to be determined by the
CLIENT and such guard shall perform his assigned tasks and duties for
eight (8) hours a day, including SUNDAYS and HOLIDAYS. In no case
shall the security guard be allowed to render straight overtime duty for more
than twelve (12) hours, except if the same is undertaken at the expense of the
AGENCY and with prior written approval issued by the CLIENT.
The AGENCY shall, at its own cost and expense, provide the guard with the
necessary serviceable licensed firearms, ammunitions, night stick and other
paraphernalia necessary for the performance and conduct of the security
services.
4. The AGENCY shall assume full responsibility for the acts of the security
guards and shall indemnify the CLIENT for any injury, loss, or damage to
its personnel property which is attributable to or caused by the willful and
deliberate act and/or other personnel assigned by the AGENCY. In no case
shall the AGENCY be liable for loss or damage incurred or sustained by the
CLIENT as a consequence of or occasioned by force majeure or fortuitous
events under Article 1174 of the Civil Code as those events which could not
be foreseen or which were inevitable that would partially or totally binder
the fulfillment of the AGENCY of its undertaking under this CONTRACT.
The parties further agree that the AGENCY shall not be liable for loss
injury, damage sustained by the CLIENT under the following
circumstances;
In all cases the CLIENT, shall not deduct from or withhold payment of the
amount or compensation, due to the AGENCY or from the bond posted by
the latter, if any, for the value, cost of sum of any damage or injury the
CLIENT may sustain without the following conditions having been first
meet.
5. The CLIENT shall have the right to inspect at all times the guards detailed or
assigned by the AGENCY at the premises and to request for a change,
replacement or substitution of the security guard personnel for legitimate reasons.
The CLIENT may from time to time make recommendations and suggestions with
respect to actual performance and conduct of security services by the AGENCY’S
personnel, provided, however, that nothing in this AGREEMENT shall be
construed as to deprive the AGENCY of its right to replace, substitute, transfer or
discipline, its personnel, for a justifiable reason and which is acceptable to the
CLIENT, in which case the CLIENT shall be given prior written notice before the
substitution or replacement is effect