RECITALS:

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• The New Brunswick Medical Education Foundation Inc. (the “Foundation”) provides publicly available scholarships to students who attend accredited medical schools and certain healthcare education programs (each a “Qualifying Healthcare Program”) provided they agree to practice their profession in the Province of New Brunswick for a period of time following the completion of their Qualifying Healthcare Program and any associated residency, practicum or other required training (their “Training Period”);

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• The Foundation has selected the person noted below (the “Recipient”) to receive the scholarship noted below in the amount noted below (the “Scholarship”) provided the same is conditional on the Recipient entering into this Return-to-Service Agreement (the “Agreement”);

 

NOW THEREFORE in consideration of the awarding of the Scholarship, and for other good and valuable consideration (the receipt of which is hereby expressly acknowledged), the parties agree as follows:

 

ARTICLE 1

RETURN-TO-SERVICE

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1.1       Scholarship.  The Recipient hereby accepts the Scholarship and acknowledges that the Foundation shall only disburse the Scholarship to the institution administering the Recipient’s Qualifying Healthcare Program.

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1.2       Return-to-Service.  The Recipient shall, immediately following the completion of their Qualifying Healthcare Program and Training Period, practice the clinical discipline associated with their Qualifying Healthcare Program in the Province of New Brunswick (the “Return-to-Service”) for a period of one (1) continuous year (the “Service Period”).

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1.3       Location.  If the Scholarship requires the Return-to-Service be performed in a particular location or region in the Province of New Brunswick (noted below, if applicable), the Recipient shall be obligated to do so for the duration of the Service Period.

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1.4       Renewal.  If the Scholarship is renewable (noted below, if applicable), the Recipient shall only be eligible for renewal if they apply to the Foundation for renewal on or before June 30 of each year, provided that the decision to renew the Scholarship shall be made by the Foundation in its sole and unfettered discretion.  If the Scholarship is renewed, the Recipient acknowledges:

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(a)        Amount: that the amount of the Scholarship for each subsequent academic year may vary based on the financial returns of the Foundation during the period of time between the particular renewal and the previous disbursement of the Scholarship; and

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(b)        Service Period: the Service Period shall be extended by one (1) year for each academic year in which funding is received by the Recipient in respect of the Scholarship provided that, if the Recipient has received funding from the Foundation in any academic year prior to the signing of this Agreement, the Service Period shall also be extended by one (1) year for each such year in which funding was received.

 

1.5       Repayment.  If the Recipient breaches the terms of this Agreement (which, for greater certainty, shall be deemed to have occurred if the Recipient does not begin their Return-to-Service and complete their Service Period immediately following the completion of their Training Period), all funding disbursed by the Foundation in respect of the Recipient’s Qualifying Healthcare Program shall immediately become repayable as a debt due from the Recipient to the Foundation.

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1.6       Multiple Awards.  For greater certainty, if the Recipient has received or receives in any subsequent academic year a scholarship from the Foundation other than the Scholarship noted below, the Service Period for the Scholarship noted below cannot be served concurrently with any similar obligations arising from any other such scholarship.

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ARTICLE 2

INFORMATION SHARING & OTHER OBLIGATIONS

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2.1       Reporting Obligations.  If the Foundation asks for any information in respect of the Recipient’s Qualifying Healthcare Program, Training Period or this Agreement, the Recipient shall provide the same as soon as is practicable.

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2.2       Information Sharing with Employers.  The Recipient acknowledges, consents and agrees that the Foundation may disclose the Recipient’s name, Training Period status, contact information and other information in respect of this Agreement to the health authorities designated under the Regional Health Authorities Act, SNB 2011, c 217, hospitals, healthcare organizations and other employers in the Province of New Brunswick who may have an interest in employing the Recipient.

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2.3       Information Sharing with Professional Bodies.  The Recipient acknowledges, consents and agrees that the Foundation may notify any professional body associated with the clinical discipline of the Recipient’s Qualifying Healthcare Program if the Recipient fails to comply with any term of this Agreement.

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2.4       Media Obligations.  The Recipient shall send a “thank you” letter to the donor(s) responsible for the Scholarship (with a copy to the Foundation) within 30 days of the Foundation forwarding the said donor(s) contact information.  The Recipient shall also be required to participate in media events to promote the Foundation from time to time and the Foundation reserves the right to use the Recipient’s name, image and likeness, including in its promotional materials.

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ARTICLE 3

GENERAL

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3.1       Legal Advice.  The Recipient acknowledges the right to obtain independent legal advice before signing this Agreement and hereby confirms that they have obtained or have had the opportunity to obtain but do not wish to seek or obtain such advice.

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3.2       Governing Law & Choice of Forum.  This Agreement will be governed by and construed in accordance with the laws of the Province of New Brunswick and the parties hereby exclusively attorn to the jurisdiction of the Courts of the Province of New Brunswick for the purposes of any matter arising hereunder.

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3.3       Time.  Time shall be of the essence in this Agreement.

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3.4       Interpretation.  Unless the context requires otherwise, words importing the singular include the plural and vice versa and words importing gender include all genders.  Any reference in this Agreement to any statute is a reference to that statute as amended, restated, or re-enacted from time to time.