MOU - Individual Agents template.docx

8/11/2019 MOU - Individual Agents template.docx

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NOW IT IS HEREBY AGREEDas follows:

1. PROMOTION OF SERVICES OF HOSPITALS

1.1 The Agent agrees to provide necessary guidance to the patients in Indonesia and other

foreign countries in relation to the facilities available in the Hospitals and the Hospitals

have accepted the request of the Agent and agree to provide medical treatment to the

patients referred by the Agent, on the terms and conditions specified hereinafter.

1.2 The Hospitals undertakes to provide medical treatment and services and render all

possible assistance to the patients referred by the Agent.

1.3 The Agent undertakes that it would refer the patients to the Hospitals after giving full

details of the legal and medical formalities / requirements to be complied with by the

patients before their arrival in Malaysia.

1.4 The Agent undertakes to provide the Hospitals with a list containing the personal

particulars on the intended referred patients and such list shall be provided to the

Hospitals three (3) days prior to the admission of the patients referred by the Agent.

1.5 The Agent undertakes that the patients referred by it to the Hospitals shall make full

payment of hospital charges before their discharge from the Hospitals concerned.

1.6 The Hospitals agrees to charge the patients referred by the Agent in accordance with the

special package which will be worked out for each patient based on his/her clinical and

other associated conditions, anticipated investigations to be made and procedures to be

performed. The package rate and working detail will be communicated to the Agent for

onward transmission to the patient concerned.

1.7 The Hospitals agree to pay the Agent a fee for the Referral Service which shall be at the

rate specified and stipulated in Appendix 2.


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1.8 The patient referred by the Agent shall be made personally liable in regards to

compliance of passport, visa, foreign exchange and other relevant statutory

requirements in regard to their visit to Malaysia.

2. PERIOD OF THIS MOU

2.1 This Memorandum of Understanding shall be in force for a period of two (2) years

commencing from the execution of this memorandum and may be further extended upon

expiring on mutual consent of the parties herein subject to such other further terms and

condition as may be considered necessary.

3. EFFECT OF THIS MOU

3.1 The Parties agree that the provisions of this MOU merely reflect an understanding and

shall not be legally binding on the Parties.

4. INDEMNITY

4.1 Both parties shall indemnify and keep indemnified each other, and their respective

officers, employees and agents against all claims, demands, proceedings, liabilities,

costs, charges and expenses arising out of any act, neglect or default that may arise

from the execution of this MOU.

5. SCOPE AND RELATIONSHIP

5.1 The parties acknowledge that the provisions herein are not exhaustive and that this

MOU merely articulates the framework upon which the contemplated collaboration would

be carried out.

6. SEVERABILITY

6.1 It is agreed and understood that if any provision of this MOU becomes illegal, invalid or

unenforceable in any respect, the legality, validity and enforceability of the other

provisions of this MOU shall not in any way be affected or impaired.


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7. GOVERNING LAW AND JURISIDICTION

7.1 This MOU shall be subject to and be governed in all aspects and respects by the laws of

Malaysia and the Parties shall submit to the jurisdiction of the Courts of Malaysia.

8. AMENDMENT

8.1 This MOU may be amended on the initiative of either party by submitting a proposedamendment in writing to the other party and the written agreement of that party shall be

required for the proposed amendment.

9. NO PARTNERSHIP OR AGENCY

9.1 Nothing in this MOU shall be deemed to create a partnership between the Parties hereto

or constitute either Party hereto the agent of the other Party for any purpose or entitle

either Party hereto to commit or bind the other Party in any manner other than expresslycontained in this MOU.

10. COSTS AND EXPENSES

10.1 Each party shall bear its own costs and expenses including their solicitors' fees and

disbursements in respect of the preparation and execution of this MOU.

11. ASSIGNMENT

11.1 Neither Party shall assign or transfer any or all of its rights or obligations under this MOU

to any third Party(s) without the prior writtenconsent of the other Party.


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after transmission when the recipients facsimile number is shown on the senders

receipt of a confirmed log print-out for the transmission of all pages.

13. TIME

13.1 Time, wherever mentioned, shall be of the essence of this MOU.

14. SURVIVAL

14.1 Notwithstanding anything to the contrary in this MOU, the liabilities and obligations of

one party to the other under the terms of this MOU and arising prior to the termination of

this MOU shall survive the said termination of this MOU.

15. FORCE MAJEURE

15.1 If during the performance of this MOU a state of war or hostilities whether declared or

not, any riot, civil commotion or general strike or any earthquake, flood, fire, tempest or

any natural disaster or any other cause not foreseeable at the time of this MOU and

beyond the reasonable control of either party arises or exists which has materially

affected the fulfilment of the MOU, either party (hereinafter referred to as the Affected

Party) shall be excused from the performance of any of its obligations under this MOU.

15.2 In the case of a Force Majeure, the Affected Party shall immediately notify the other

party in writing and furnish all the relevant information thereto.

15.3 In the event the Force Majeure event(s) shall continue for more than seven (7) days, the

Affected Party is entitled to terminate this MOU by giving a notice in writing with

immediate effect.


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16. CONFIDENTIALITY

16.1 Both parties recognize that for the purpose of facilitating the objectives of this MOU, the

parties may deem it necessary to provide each other with certain confidential information

(Confidential Information) which the recipient would undertake not to disclose to any

third party without prior review and written agreement and to only use such Confidential

Information for the purpose of giving effect to this MOU.

16.2 The recipient shall take all reasonable steps and measures to minimise the risk of

disclosure to any third party, whether a person, a firm or corporation, any or all of the

Confidential Information, by ensuring that only authorized recipients (which the

disclosing has consented to by virtue of Clause 16.1 above) who have access to the

confidential basis on a need-to-know basis.

16.3 The recipient may not alter, decompile or otherwise modify any of the Confidential

Information received hereunder and the mingling of the Confidential Information with

information of the recipient shall not affect the confidential nature or ownership of the

same.

16.4 Where disclosure of any of the Confidential Information is required as a result of a court

order or pursuant to governmental action or other requirement of law or statutory or

regulatory body, the recipient shall as soon as reasonably practicable inform the

disclosing party thereof in writing of its obligation to make such disclosure such that the

disclosing party (insofar as may be possible) shall have a reasonable opportunity to

object to such disclosure. The recipient shall co-operate with and provide all lawful

assistance to the disclosing party in the event that the disclosing party opposes, seeks to

prevent or otherwise impose conditions on the disclosure required by court order or

pursuant to governmental action or other requirement of law or statutory or regulatory

body. Should any objection by the disclosing party be unsuccessful or should the

obligation to disclose become due, whichever is the earlier, the recipient so obligated to

disclose Confidential Information shall use all reasonable efforts to minimize such

disclosure and may disclose such Confidential Information only to the extent required by


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the relevant court order or governmental action or requirement of law or statutory or

regulatory body to be furnished.

16.5 Provisions of this Clause 16 shall survive the termination of this MOU or any other

agreements entered into by both parties. Upon the expiry and/or termination of this

MOU, the Parties undertake to return any confidential material to the other.

17. TERMINATION

17.1 In the event either party wishes to terminate this Memorandum of Understanding, they

shall give at least 30 days notice in writing to the other side.

THE REST OF THIS PAGE IS DELIBERATELY LEFT BLANK


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IN WITNESS WHEREOF the parties hereto have hereunto set their hands on the date and year

first above written.

SIGNED BY }

}

For and on behalf of }

PANTAI HOSPITALS SDN BHD }

in the presence of:- }

SIGNED BY }

}

For and on behalf of }

in the presence of:- }


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Appendix 1

No. Name of the Hospital Business Address of the Hospital

1.

PANTAI HOSPITAL KUALA LUMPUR

No. 8, Jalan Bukit Pantai,

59100 Kuala Lumpur,Tel:+603-2296 0888 / 2296 0845

Fax:+603-2296 0680Email :[email protected]

2.PANTAI HOSPITAL CHERAS

1, Jalan 1/96ATaman Cheras Makmur56100 Kuala Lumpur

Tel: 03 9132 2022 ext 8874.Fax: +603-9132 0687

Email :[email protected]

3.PANTAI HOSPITAL KLANG

No. 42, Persiaran Raja Muda Musa,41100 Klang, Selangor

Tel : 03-3258 5500Fax : 03-3374 2010


4.PANTAI HOSPITAL AMPANG

Jalan Perubatan 1,Pandan Indah

55100 Kuala LumpurTel: +603- 4289 2828 ext 2877

Fax: +4289 2829Email :[email protected]

5 PANTAI HOSPITAL IPOH 126, Jalan Tambun,31400 Ipoh, PerakTel: +605 5484 333Fax: +605 5451 163

[email protected]

6. PANTAI HOSPITAL PENANG 82, Jalan Tengah,

Bayan Baru,11900 Pulau PinangTel: +604 639 6506Fax: +604 6432 888

Email : [email protected]

7. PANTAI HOSPITAL AYER KEROH No. 2418-1, KM 8,Lebuh Ayer Keroh,
mailto:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]


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No. Name of the Hospital Business Address of the Hospital

75450 MelakaTel: +606 2321 782 / 2320 072

Fax: +606 2319 155


8. PANTAI HOSPITAL BATU PAHAT 9S, Jalan Bintang Satu,Taman Koperasi Bahagia,83000 Batu Pahat, Johor

Tel: +607 433 8811 ext 3309Fax: +607 433 1881

Mobile : +6013 7220 199Email :[email protected]

9.

PANTAI HOSPITAL SUNGAI PETANI 1 Persiaran Cempaka,

Bandar Aman Jaya08000 Sg. Petani, Kedah

Tel : +604 4428 888 / 4428 889Fax : +604 4428 889

Mobile : +6012 4228 473Email :[email protected]

10 GLENEAGLES KUALA LUMPUR

282 & 286 Jalan Ampang50450 Kuala Lumpur

Telephone : 03-4141 3000Fax : 03-4257 9233

mailto:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]


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Appendix 2

REFERRAL FEE

(To be read construed and interpreted as an integral part of this Agreement)

For the purpose of clarity, the Parties agree that the following shall be accorded as Referral

Fee payable by Hospitals to Agent for each referred patient(s), provided that all due

payments by the patient (s) are fully settled:

The Agent shall be entitled to receive the following:

1. For In patient Admission

A Referral Fee of Ten per centum (10%) per patient per admission at the Respective

Hospital will be accorded to the Agent. However such referral fee shall be applicable to

bills not exceeding the limit of RM10,000 per bill per admission.

In computing the Referral Fee mentioned herein, the following shall be excluded:-

i) All Doctorscharges and/or consultation fees;

ii) All out-sourced services not provided within the Hospital;

iii) All consignment items (including implants).

2. For all standard Executive Screening packages

A Referral Fee of Ten per centum (10%) per patient per screening package conducted at

the Respective Hospital.

3. For all daycare chemotherapy and radiotherapy treatment (where available)

A Referral Fee of Five per centum (5%) per patient for treatment conducted at the

Respective Hospital.

In computing the Referral Fee mentioned herein, the following shall be excluded:-


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i) All Doctors charges and/orconsultation fees; and

ii) All out-sourced services not provided within PANTAI.

However the Referral Fee stipulated at item 1, 2, and 3 above shall not be applicable to the if

the patient returns to the Hospital for any medical services after the period of 12 months

from the first day the patient is admitted to and/or monitored by the Respective Hospital.

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MOU - Individual Agents template.docx