GMA-7 through its VP for Legal Affairs Atty. Dick Perez, issued a reminder letter to Heart Evangelista (Love Marie Ongpauco in real life) due to Annabelle Rama's (Heart's Manager) decision to turn down an afternoon soap titled "Sine Novela Presents: Muling Buksan ang Puso" which supposedly his first team-up with Actor Dennis Trillo.
According to Heart, aside from its afternoon timeslot, it will interfere with her Centrum endorsement contract which states that she cannot accept a mother role in any of her movie and TV projects.
Below is the copy of reminder letter sent to Heart on February 10, 2009:
"Dear Ms. Ongpauco,
"This pertains to the agreement for talent services between you and GMA Network. We were informed that your managers are turning down a program assigned by GMA to you owing to some alleged restrictions contained in your endorsement contract with Centrum.
"May we remind you of relevant provisions of the Agreement, as follows:
"1. Talent hereby warrants and represents that: (a) she has full power and authority to enter into and perform this agreement; and ( b) she has no other contract with any other person, firm, corporation or other entity which will or might interfere with the execution or performance of this agreement (Emphasis: ours).
4.2. In case of breach by TALENT af any provision of this Agreement or of any of Talent's warranties and representations, GMA may in addition to and without prejudice to any other remedy, recover liquidated damages from TALENT in the amount equivalent to TALENT's Minimum Guarantee for the first year (Php15M) of this Agreement.
"We have not been furnished a copy of the Centrum contract. If such restrictions do exist, and if you cannot perform the talent services for the program assigned to you because of such restrictions, you would be in clear breach of your warranty under the Agreement. In that event, we shall proceed to avail of legal remedies in order to protect our interests. We trust you will understand our position on this matter."
According to Heart, aside from its afternoon timeslot, it will interfere with her Centrum endorsement contract which states that she cannot accept a mother role in any of her movie and TV projects.
Below is the copy of reminder letter sent to Heart on February 10, 2009:
"Dear Ms. Ongpauco,
"This pertains to the agreement for talent services between you and GMA Network. We were informed that your managers are turning down a program assigned by GMA to you owing to some alleged restrictions contained in your endorsement contract with Centrum.
"May we remind you of relevant provisions of the Agreement, as follows:
"1. Talent hereby warrants and represents that: (a) she has full power and authority to enter into and perform this agreement; and ( b) she has no other contract with any other person, firm, corporation or other entity which will or might interfere with the execution or performance of this agreement (Emphasis: ours).
4.2. In case of breach by TALENT af any provision of this Agreement or of any of Talent's warranties and representations, GMA may in addition to and without prejudice to any other remedy, recover liquidated damages from TALENT in the amount equivalent to TALENT's Minimum Guarantee for the first year (Php15M) of this Agreement.
"We have not been furnished a copy of the Centrum contract. If such restrictions do exist, and if you cannot perform the talent services for the program assigned to you because of such restrictions, you would be in clear breach of your warranty under the Agreement. In that event, we shall proceed to avail of legal remedies in order to protect our interests. We trust you will understand our position on this matter."
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