RETURN OF SERVICE AGREEMENT
This Agreement made in triplicate this
day of
,
.
BETWEEN:
(hereafter referred to as the ”Student”)
- and THE UNIVERSITY OF MANITOBA
(hereafter referred to as the “University”)
PREAMBLE
WHEREAS:
A.
The Student is currently enrolled in a Program at the University;
B.
The University and the Student wish to enter into an agreement whereby
the University shall provide the Student with a Tuition Relief Allowance,
more particularly described in Schedule “A”, attached hereto, and in
return, the Student shall provide Services to the University’s J.A. Hildes
Northern Medical Unit program areas, as more particularly described in
Schedule “B”, attached hereto, upon successful completion of the
Program.
NOW THEREFORE this agreement witnesseth that by their mutual covenants
and for good and valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, the Student and the University (individually, each referred
to as the “Party”, or collectively, referred to as the “Parties”) agree as follows:
Article I
DEFINITIONS AND INTERPRETATIONS
1.1
“Program” means a healthcare professional education program,
assessment or practicum that is designated by the University as an eligible
program in respect of which a Student may receive a Tuition Relief
Allowance.
1.2
“Services” means the provision of clinical services as outlined in Schedule
“B”.
University of Manitoba - Return of Service Agreement – Web April 2010
1
1.3
“Tuition Relief Allowance” means the amount paid to the Student and any
other related costs paid by the University during the period of the
Student’s participation in the Program.
Article II
TUITION RELIEF ALLOWANCE BY THE UNIVERSITY
2.1
The University shall pay the amount of
to or on behalf of the
Student as a Tuition Relief Allowance in accordance with the terms and
conditions hereafter contained and as outlined in Schedule “A”.
2.2
It is an express condition precedent to the Agreement that the Student is
in good standing with College of Registered Nurses of Manitoba and
remains so enrolled until she has completed the Program.
2.3
If at any time during the Program the Student is no longer in good
standing, the University shall be entitled, at its sole discretion, to either
suspend or terminate payments under the Tuition Relief Allowance.
Where the University terminates payments under the Tuition Relief
Allowance pursuant to this section 2.3, any amount of monies paid to the
Student under the Tuition Relief Allowance shall become due and payable
to the University forthwith.
2.4
In consideration of the payments to or on behalf of the Student in the form
of a Tuition Relief Allowance and upon obtaining registration with College
of Registered Nurses of Manitoba in the Province of Manitoba, the
Student hereby covenants:
a)
to, within one (1) month of completion of the Program, commence
practicing with the University through the J. A. Hildes Northern
Medical Unit, or
b)
to immediately repay to the University the entire amount advanced
as the Tuition Relief Allowance, pursuant to the terms of the
Agreement, together with interest thereon, at the rate hereinafter
stipulated.
University of Manitoba - Return of Service Agreement – Web April 2010
2
Article III
INTEREST ON THE TUITION RELIEF ALLOWANCE
3.1
If the Student continues to provide Services through the University for a
sufficiently long period of time such that the principal amount of the Tuition
Relief Allowance is entirely forgiven, as calculated under Schedule “C”,
then the interest chargeable on the Tuition Relief Allowance shall be
forgiven.
3.2
To the extent that the principal amount of the Tuition Relief Allowance is
not forgiven through the remission schedule specified in Article IV below,
interest shall accrue on the funds paid as the Tuition Relief Allowance
pursuant to the Agreement from the date the said funds were paid to the
Student.
3.3
For the purpose of determining interest payable, the earliest funds paid to
the Student as the Tuition Relief Allowance shall be the first to be forgiven
by the University.
.3.4
The rate of interest on all monies paid by the University shall be the prime
rate set from time to time by the Bank of Canada plus two (2%) percent.
Article IV
FORGIVENESS OF THE TUITION RELIEF ALLOWANCE
4.1
Beginning on the date on which the Student commences providing
Services to the University under Schedule “B”, the obligation for
repayment of the Tuition Relief Allowance shall be forgiven as outlined in
Schedule “C”.
4.2
Should the Student cease to provide Services in a J. A. Hildes Northern
Medical Unit program area for any reason whatsoever other than as set
out under section 4.3 prior to the Tuition Relief Allowance being entirely
forgiven, the balance of the Tuition Relief Allowance, together with interest
accrued thereon at the rate provided for in this Agreement, shall be a debt
due and owing by the Student to the University payable forthwith.
4.3
If the Student is unable to comply with the terms and conditions of this
Agreement for a reason which, in the opinion of the University, as
determined by the University at its sole discretion, is not attributable to the
Student, the University may, in its absolute discretion, extend the
repayment period or forgive all or part of the debt owing to the University
on such terms and conditions as the University deems appropriate.
University of Manitoba - Return of Service Agreement – Web April 2010
3
Article V
LIFE INSURANCE ON THE STUDENT
5.1
The Student hereby covenants and agrees to fully cooperate with any
insurance company chosen by the University in order to obtain term life
insurance on the Student to assure repayment of any and all monies paid
to the Student as a Tuition Relief Allowance; it being fully understood that
all premiums in respect to such term life insurance shall be the full
responsibility of the University.
5.2
In the event that the University shall decide not to insure the life of the
Student under section 5.1 and should the Student die before repayment or
cancellation of the Tuition Relief Allowance, the University may, in the
absolute discretion of the University, cancel and discharge all or part of the
Tuition Relief Allowance on such terms and conditions as the University
deems appropriate. Where the University does not cancel or discharge all
or any part of the Tuition Relief Allowance, then the amount then
outstanding under the Tuition Relief Allowance shall become a charge
against the estate of the Student.
Article VI
NOT CONTRACT OF EMPLOYMENT
6.1
The Student and the University agree that this Agreement does not
constitute and shall not be construed as constituting a contract of
employment by the University to the Student.
Article VII
NOTICE
7.1
Any notice, direction or other instrument required or permitted to be given
hereunder shall be in writing and may be given by mailing same by
prepaid registered mail as follows:
University of Manitoba - Return of Service Agreement – Web April 2010
4
to the Student at:
to the University at:
The University of Manitoba
Dean’s Office, Faculty of Medicine
260 Brodie Centre
727 McDermot Avenue
Winnipeg, Manitoba R3E 3P5
with a copy to:
J. A. Hildes Northern Medical Unit
Department of Community Health Sciences, Faculty of Medicine
University of Manitoba
T162 – 770 Bannatyne Avenue
Winnipeg, Manitoba R3E OW3
and any such notice, discretion, or other instrument aforesaid shall be
deemed to have validly given or made the third business day after same
shall have been posted in one of Her Majesty’s mail boxes or at the time
said was actually delivered, whichever may be the earlier date.
7.2
The Student shall notify the University of any address change for the
duration of his or her study and the repayment period.
Article VIII
GENERAL
8.1
The term of this Agreement shall be from the date first noted above to the
date upon which the return of service provisions in this Agreement have
been satisfied.
8.2
The Preamble and any Schedules attached hereto are incorporated as
material and integral parts of this Agreement.
8.3
The Parties warrant and represent that all matters contained herein are
true, accurate and factual.
University of Manitoba - Return of Service Agreement – Web April 2010
5
8.4
The provisions of this Agreement are severable, one from the other. If any
one of its provisions is declared void, then the decisions so holding shall
not be construed as impairing any of the other provisions of this
Agreement. It is understood and agreed that this Agreement, as executed,
should have been executed even if such void provisions had not been
included herein.
8.5
Time shall be of the essence of this Agreement.
8.6
Any Party hereto may waive notice of any provision of this Agreement
intended for such Party’s sole benefit, but it is understood and agreed that
any such waiver must be in writing signed by the Party so waiving it; and it
is understood and agreed that any waiver by any Party hereto of any
default of any other Party hereto in the carrying out of this Agreement shall
not constitute a continuing waiver of any other or subsequent or further
default on such Party’s part but shall extend to include only the particular
breach or default to be waived.
8.7
The terms of this Agreement shall enure to the benefit of and be binding
upon the Parties hereto, and their respective heirs, executors,
administrators, successors and assigns, as the case may be.
8.8
It is also agreed, wherever the singular and masculine are used
throughout this Agreement, the same shall be construed as meaning the
plural, or the feminine or neuter, where the context or the Parties hereto
require.
8.9
The paragraph numbers and section headings are inserted for the
convenience of reference only and are not to be considered when
interpreting the Agreement.
8.10
The Parties agree that this Agreement, together with the Preamble and
any Schedules attached hereto, contains the entire agreement of the
Parties relative to all matters dealt with herein and supersedes all prior
agreements, written or oral, among the Parties, or any of them.
8.11
This Agreement shall be subject to and be construed and governed in
accordance with the laws of the Province of Manitoba.
8.12
This Agreement shall not be assignable by any Party except as provided
for in this Agreement, or except with the express written consent of all the
other Parties hereto.
8.13
Any modification to this Agreement must be in writing and must be signed
by both the University and the Student or it shall have no effect and shall
be void.
University of Manitoba - Return of Service Agreement – Web April 2010
6
8.14
The Student acknowledges that he has read and understood this
Agreement and has had the opportunity to obtain independent legal advice
in relation to the Agreement.
8.15
This Agreement may be entered into in two (2) or more counterparts, each
of which shall constitute an original agreement, and all of which together
shall constitute one and the same agreement. Facsimile execution of this
Agreement by the Parties shall constitute a binding agreement.
IN WITNESS WHEREOF the Parties hereto have executed this Agreement as of
the day and year first written above.
_______________________________
STUDENT
THE UNIVERSITY OF MANITOBA
Per:
DEAN, FACULTY OF MEDICINE
F:\LEGAL OFFICE\Precedents\Website Documents\Signing Policy\JA Hildes NMU Return of Service Agmt Nurses - April 2010.doc
University of Manitoba - Return of Service Agreement – Web April 2010
7
SCHEDULE “A”
SCHEDULE OF TUITION RELIEF ALLOWANCE
Following is the total amount of Tuition Relief Allowance that will be provided to
the Student:
(a)
the sum of
paid for liability insurance, licensing, registration,
tuition and audit fees for the term of the Program and will be paid
directly to the Manitoba Nephrology Nursing Course;
(b)
A payment of
per week will be paid to the Student for the
term of the Program (this includes per diems that may be paid).
(c)
Costs related to immigration process and language skills
University of Manitoba - Return of Service Agreement – Web April 2010
8
.
SCHEDULE “B”
PRACTICE CONDITIONS
1.
Upon successful completion of the Program, the Student shall provide
Services to the University through the J.A. Hildes Northern Medical Unit in
areas to be specified by the J.A. Hildes Northern Medical Unit, for a period
of at least
Consecutive Months.
2.
Students who receive a Tuition Relief Allowance under section (c) of
Schedule “A” shall, upon successful completion of the Program, provide
Services to the University through the J.A. Hildes Northern Medical Unit in
areas specified by the J.A. Hildes Northern Medical Unit for a period of at
least
Consecutive Months.
University of Manitoba - Return of Service Agreement – Web April 2010
9
SCHEDULE “C”
FORGIVENESS OF THE TUITION RELIEF ALLOWANCE
The Tuition Relief Allowance shall be forgiven at the rate of
for every one
(1) month that the Student provides Services in the area specified by the J.A.
Hildes Northern Medical Unit area to the University.
University of Manitoba - Return of Service Agreement – Web April 2010
10