Students name:

THIS AGREEMENT is made on this

day of

BETWEEN: ADVENTIST HOSPITAL & CLINIC SERVICES (M) (which operates the Penang Adventist Hospital), having its address as stated in Section 1 of the First Schedule hereto (hereinafter referred to as the Hospital) of the first part. AND: The person whose name and address as stated in Section 2 of the First Schedule hereto (hereinafter referred to as the Student) of the second part.

WHEREAS
1. The Hospital in collaboration with the relevant authority, party, institution, hospital, school, university, college, body, organisation, association, society, Ministry of Health, Government of Malaysia and/or any organisation of the same as stated in Section 3 of the First Schedule hereto (hereinafter referred to as the Training Party) which runs the College of Nursing offers a certificate program of Assistant Nurse course and registration with the Malaysian Nursing Board (hereinafter referred to as the course) . The Hospital is desirous of sponsoring and offering the student a scholarship for the Course subject to the terms and conditions hereinafter contained. The Student is desirous of enrolling in the Course and has accepted the terms and conditions hereinafter contained AND further has accepted and agreed to serve the Hospital upon successful completion of the Course and in the manner and upon the terms and conditions hereinafter contained.

2.

3.

NOW IT IS HEREBY AGREED AS FOLLOWS :1. NATURE AND PERIOD OF COURSE AND TRAINING Upon the Hospitals acceptance of the Students desire to enrol for the Course with the Training Party and the Student having been duly registered and/or enrolled for same, the Student must diligently and faithfully study, undergo and/or pursue the Course and continue the Course as required by the Hospital and/or the Training Party AND PROVIDED ALWAYS that the student must complete the Course within the prescribed time as stated in Section 4 of the First Schedule hereto or any such further period as the Hospital may require and approve and/or deemed fit and necessary (hereinafter referred to as the Scholarship Period).

a.

b.(i)

In the event that the Student having registered for the Course fails, refuses, is reluctant to and/or is unable to finish the Course undertaken during the Scholarship Period of the Course for whatsoever reason and thereby rendering herself/himself unable or unsuitable to undergo the said Course or abandons the Course without prior written consent of the Hospital, and/or In the event that the Hospital terminates the Course during the Scholarship Period on the ground of the Students conduct or the students physical or mental conditions or progress in the Course undertaken or on the Students failure to pass the examination required to complete the Course or on the breach of any of the Covenants contained herein in this Agreement. Then in any of such event as stated above, the Student and/or her/his Guarantors as stated in the Second Schedule hereto (hereinafter referred to as the Guarantors) shall be jointly and severally liable to pay the Hospital on demand on the Students pursuit of the Course together with simple interest payable at the rate of ten-per centum (10%) per annum until date of full realisation.

(ii)

2.

SCHOLARSHIP ALLOWANCE
The Hospital shall provide and the Student shall receive during the Scholarship period, a monthly allowance of RM550-00 and without any contribution towards EPF or SOSCO; and wherein a sum of RM100.00 be deducted from the allowance monthly for payment towards the Students lodging and subsidized food.

3.

PAYMENT OF COURSE TUITION FEE The Hospital shall pay the tuition fees for the Course undertaken by the Student.

4.

UNIFORM
The Hospital shall provide the Student with 3 sets of uniform and 3 pairs of shoes for the 2 years training. Lost or damaged uniforms or shoes will be replaced at the students expense.

5.

MEDICAL BENEFITS The Hospital shall provide both in and out patient treatments for the Student. The Student shall be entitled to outpatient medical benefit to a maximum of RM 2,000 -00 a year and for inpatient medical benefit to a maximum of RM 6,000-00 a year and these medical benefits are subject to change in policy. Any medical benefits in access of the above stated amount shall be borne by the student.

6. (I).

STUDENTS COVENANTS

Throughout the Scholarship Period the Student shall undertake the following :(a) To uphold the standards and principles of the Seventh -day Adventist Church as outlined in the Students handbook; To devote her/his entire time and to commit herself/himself to the Course and to the satisfaction of the supervisors, tutors or instructors associated with the Hospital and/or Training Party; To ensure total commitments of her/his time to attend every lecture and/or training and/or attempt all exams pertaining to the Course diligently; To observe and conform to all regulations and/or code of discipline in force whether at the work place and/or at the place of residence/hostel and/or as regards to the course study or training; To observe and conform to all laws and customs of or affecting and/or relating to the medical and nursing profession; To fulfil and obey all lawful and reasonable directions and orders of the Hospital from time to time and must not absent herself/himself from the Course except for unavoidable circumstance or where the Student is ill or where the Student has obtained the Hospitals prior consent and approval; Not to disclose (except to the Hospital) to any person, whether having the lawful authority to request for such disclosure or not any professional secrets or any information with respect to the Hospital or any directions given to her by the Hospital; To refrain from participating in any kind of activities including all immoral and unlawful activities which are, or are likely to be detrimental to the interests and/or security of the Hospital or which cause or are likely to cause embarrassment to the Hospital or which are likely to cause distraction to the Students pursuit in the Course; Not to change her /his Course, programme, or training undertaken and/or take any additional courses without first obtaining the Hospitals consent to same; Not to carry out or be engaged in employment of any sort (whether remunerated or otherwise) except with the Hospitals prior approval; To observe and comply with all the rules and regulations of the Training Party and to the best of her/his ability to maintain a high code of ethics;

(b)

(c)

(d)

(e)

(f)

(g)

(h)

(i)

(j)

(k)

(l)

(m)

Not to carry on, be engaged in any medical practice as a part-time nurse and/or medical attendant, or give any medical advice to anyone in whatever capacity gratuitously or for reward during the duration of the course; Not to be pregnant during the Scholarship period (where the Student is of the female gender); To serve the Hospital as an Assistant Nurse for a period as stated in Section 5 of the First Schedule hereto upon successful completion of the Course (hereinafter referred to as the period of compulsory service). The period of compulsory service shall only commence upon the registration of the Student as an Assistant Nurse with the Malaysian Nursing Board. The Hospital will endeavour to use the services of the Student upon her/his completion of the course and is entitled to at any time during the compulsory service term to find alternative work for the Student in another organisation or hospital and to transfer the bond or remaining bond to the organisation or Hospital. However, in the event that the Hospital is unable to secure employment or to find alternative employment for student, the Hospital may at its sole discretion release the student from the bond or remain ing bond. The Student or the Students personal representative shall absolve the Hospital from any or all liability that may arise as a result of loss, damage, injury or death sustained by the Student howsoever caused whether through any act or omission or neglect of the Hospital and/or the Training Party and/or through their agents or servants by reason of or during the Course. The Student shall indemnify the Hospital for all costs and expenses incurred or became payable by the Hospital as a result of any proceedings, suits, claims or demands taken or made against the Hospital for any injury caused to other person (whether fatal or otherwise) or to property of another as a result of any direct or indirect act or omission or neglect or default by the Student albeit during, or in relation to or arising out of the Course.

(n)

(o)

(p)

(ii).

It is mutually agreed by the Parties hereto and it is declared that if the Student does not complete the Course after entering into this Agreement then, and in any such case, the Student and/or Guarantors shall be jointly and severally liable to compensate the Hospital on demand for the sum of money incurred out of pocket by the Hospital on the Students pursuit of the Course together with simple interest payable at the rate of ten per centum (10%) per annum until the date of full realisation.

(iii).

It is further agreed between the Parties hereto and it is declared that if the Student, upon completion of the Course, refuses or fails completely to serve the Hospital or fails or refuses to serve the Hospital for the period of compulsory service as described in Section 5 of the First Schedule hereto or is dismissed from service or has her/his service terminated by the Hospital for professional misconduct or negligence in her/his duties or breach of service discipline, then in any such case, the Student and/or the Guarantors shall be jointly and severally liable to pay the Hospital on demand the sum of RM 40,000 -00 as liquidated damages. BREACH OF COVENANTS The Director of the Nursing College shall be responsible to report to the Hospital for any misconduct, activity and progress of the Student from time to time and any unsatisfactory report may be used by the Hospital as a basis to withdraw the Scholarship and upon which the Student and/or the Guarantors shall be liable to pay the Hospital on demand all out of pocket expenditures incurred by the Hospital on the Students pursuit of the Course together with simple interest payable at the rate of ten per centum (10%) per annum until the date of full realisation and as stated in paragraph 1(b)(ii) hereinabove.

7.

8.

DETERMINATION It is hereby agreed and declared that :-

(a)

If at ant time during the Course, any or all the Guarantors shall die or cease to reside within the Country or be adjudged a bankrupt then, the other Guarantor or Guarantors and/or the Student shall find another Guarantor and/or Guarantors to replace same, and wherein the Hospital shall have the sole discretion to accept or not to accept the proposed Guarantors and/or Guarantors. PROVIDED ALWAYS that in the event that another Guarantor or Guarantors cannot be found to the satisfaction of the Hospital, the Hospital may at its sole discretion and at any time thereafter terminate this Agreement and wherein the Student and/or the Guarantors shall be liable to pay the Hospital on demand all out of pocket expenditures incurred by the Hospital on the Students pursuit of the Course together with simple interest payable at the rate of ten per centum (10%) per annum until the date of full realisation and as stated in paragraph 1(b)(ii) hereinabove; and the Student shall thereupon cease to have any claim to the benefits under this Agreement. If the Student shall at any time during the Scholarship period get married without the approval of the Hospital or get pregnant or shall become insane or deemed medically unfit or has exceeded the number of sick leave allowed under the Course and thereby disqualified to sit for the examination conducted by the Malaysian Nursing Board or otherwise be in breach of her/his obligations under this Agreement, the Hospital shall terminate this Agreement immediately by giving written notice to the Student and thereby claim compensation as provided in paragraph 1(b)(ii) hereinab ove.

(b)

9.

VARIATIONS This Agreement including the First and Second Schedule hereto constitute the whole Agreement between the Parties hereto and it is expressly declared that no variation shall be effective unless agreed to and made by the Parties hereto in writing.

10.

KNOWLEDGE AND ACQUIESCENCE Knowledge and acquiescence by either party hereto, including the Guarantors, of any breach in any of the conditions or covenants herein contained shall not operate as or be deemed to be a waiver of such conditions or covenants or any of them and notwithstanding such knowledge or acquiescence the parties hereto shall be entitled to exercise their respective rights under this Agreement and to require strict performance by the other party of the terms and conditions herein.

11.

NOTICE OR DEMAND Any notice or demand required to be served by either party on the other party hereto under this Agreement shall be in writing and shall be deemed to have been sufficiently given if sent by prepaid letter posted to the address in Malaysia stated herein and shall be assumed to have reached the addressee in the ordinary course of post.

12.

DEFINITIONS In this Agreement, where the context so admits, the following expressions shall have and bear the respective meanings assigned to them hereunder :(a) words importing the singular number shall include the feminine and neuter gender and vice -versa; words importing the singular number shall include the plural number and vice-versa; where there are TWO (2) or more persons included in the term the Student and/or the Hospital and/or the Guarantors, their respective liabilities under this Agreement shall be joint and several.

(b)

(c)

13.

TIME Time wherever mentioned in this Agreement is of essence.

14.

JURISDICTION This Agreement shall be governed by the laws of Malaysia and the Courts in Malaysia shall have the jurisdiction to decide.

IN WITNESS WHEREOF the Parties hereto have hereunder set their hands the day and year first above-written.

Signed For And On Behalf of the) Hospital ) ................................................................. ) ) Name : ) I/C No.:

in the presence of :

) ) ) )

.... Witness Name : NRIC No:

Signed by the Student ) ) ................................................................. ) ) Name : ) I/C No.:

in the presence of :

) ) ) )

.... Witness Name : NRIC No:

*** EXECU TION P AGE O F P AH AGR EEM EN T ***

P AH AGREEM EN T

FIRS T S CHEDULE

FIRST SCHEDULE HERETO _______________________________________________________________________ SECTION DESCRIPTION PARTICULARS _______________________________________________________________________

the Hospital

Adventist Hospital & Clinic Services (M) (Penang Adventist Hospital) 465, Jalan Burma 10350 Penang

the Student

Name: I/C No. Address:

3.

the Training Party

Adventist College of Nursing and Health Sciences 465, Jalan Burma 10350 Penang

4.

the Scholarship Period

Two (2) Years January 2013 to December 2014

the period of compulsory service

Four (4) Years January 2015 to December 2018

*** END ***

P AH AG REEM EN T

S ECOND SCHEDUL E

SECOND SCHEDULE HERETO

IN CONSIDERATION OF YOU, the Hospital, having entered into this Scholarship Agreement dated ......................................, I/We, with the the Student namely namely of add ress

.............................................,

undersigned

.(NRIC NO.

)(1

st

Gu aran tor)

No.
and ..................... (NRIC No. ) (2
nd

Gua ran tor)

of

address No. .. respectively, hereby agree and undertake to ensure that the Student shall perform and observe the terms and conditions of the Agreement herein contained.

I/We hereby jointly and severally, irrevocably and unconditionally acknowledge that we are fully aware of the terms and conditions contained in the Agreement entered into

between the Hospital and the Student and fully aware of its conequences.

We hereby state and confirm that we are not the immediate family members of the Student or pastor and are employed/self employed and financially sound and capable of being Guarantors for the above named Student. That in the event that the Student shall breach any or all the terms and conditions herein contained in this Agreement, I/We shall be jointly and severally liable to fully compensate or indemnify the Hospital on demand of whatever sum that is due and owing by the Student to the Hospital under this

Agreement.
Dated this day of , 20____.

Signed by the First Guarantor ) ) ) )

Name : I/C No.:

in the presence of :

) ) ) )

.... Witness Name : NRIC No:

Signed by the Second Guarantor ) ) ) )

Name : I/C No.:

in the presence of :

) ) ) )

.... Witness Name : NRIC No:

*** END OF EXECUTION PAGE ***

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