- The following shall be the responsibilities of the PROPONENT.
1. Except in cases of Force Majeure, the PROPONENT, shall be responsible for any and all losses and damages to the PROJECT due to any cause or causes whatsoever, during the project implementation and shall not relieve the PROPONENT from any of its obligations under this Agreement;
2. It shall be responsible for all damages to any property belonging to LGU, private properties or the government, and except to the extent that such damages arise from the negligence of the LGU or its agents;
3. It shall be responsible for the death and/or injury to personnel of the LGU that may arise in connection with the execution of the Agreement;
4. It shall hold free and harmless and forever defend the LGU from any and all actions, claims, liabilities and suits, for losses and damages to properties of other contractors, if any, and/or third parties arising from the execution of the PROJECT and during the operation of the PUBLIC MARKET;
5. It shall be responsible for its employees' strict observance of the laws of the Republic of the Philippines relevant to the execution of this Agreement. The PROPONENT shall execute the Agreement with due regard to safety against accidents to its employees and to the employees of the LGU at the work site, if any, and shall provide such machinery, guards, safe walkways and such other safety devices as may be needed for the prevention of accidents. The PROPONENT shall be responsible for the payment of all indemnities, including hospital and medical expenses, arising out of any labor accidents which may occur in the course of the project execution and for which PROPONENT may be responsible under PD No. 442 as amended by the Labor Code;
6. If in the execution of the PROJECT, it is necessary to interrupt or obstruct the natural flow of rivers or streams within the work site, if any there be, the drainage of the surface, or the flow of artificial drains, the PROPONENT shall provide adequate measures to prevent damage to both public and private properties. The PROPONENT shall be liable for all damages that may occur, except to the extent that such damage arises from the contributory act or negligence of the LGU, in which case it shall be shouldered proportionately between the PROPONENT and the LGU;
7. It shall not trespass over the limits of the property of any third party without having previously received the relevant permit. It shall, moreover, be responsible for the care of all public and private properties that may be affected by the implementation of the PROJECT and adopt such reasonable precautions to avoid injury or harm over the same, otherwise, it shall recondition or repair or replace or reconstruct the damaged or destroyed property at its own expense, or pay compensation for the damage within the shortest possible period;
8. It shall assume full responsibility for the costs arising from any adverse environmental effects or other impacts that may result from the construction of the PROJECT;
9. It shall upon completion of the PROJECT, operate the PUBLIC MARKET for a period stated in the concession that shall be granted by the LGU, but in no case exceed____years, and thereafter transfer the facility to the LGU; and
10. It shall charge fees, rentals and charges not exceeding the amounts proposed in its bid or as negotiated to enable it to recover its investment, and operating and maintenance expenses in the PROJECT, plus a reasonable rate of return thereon.