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THIS HDS REFRESHER PRACTICUM AGREEMENT BETWEEN:
CanScribe Career Centre, Inc.
dba CanScribe Career College
(Hereinafter referred to as "The Company")
WHEREAS The Company is a host organization engaged in the business of providing transcription related services; the nature of this business being further outlined herein;
AND WHEREAS to fulfill its corporate objectives and to discharge its responsibilities The Company desires to engage the services of the HDS Refresher Practicum Student for a practicum;
AND WHEREAS The Company and the HDS Refresher Practicum Student mutually desire to agree upon the terms of the HDS Refresher Practicum Student’s practicum services with The Company and in addition thereto, to agree as to certain terms of the said relationship;
NOW THEREFORE the parties hereto agree as follows:
The Company hereby engages the said HDS Refresher Practicum Student upon the following terms and conditions, which the HDS Refresher Practicum Student hereby accepts, namely:
This agreement ("Agreement") shall be effective as of the commencement date specified on this contract and shall remain in force until terminated. This contract may be terminated by either party as described in section 5 of this contract.
There are no fees payable to the HDS Refresher Practicum Student while they are involved in the practicum.
If this Agreement, or any part hereof, is terminated for any reason, paragraphs 8, 9, 11 and 12 shall survive the cancellation of the Contract and shall continue to have force and effect as shall any other provision of this Agreement which by its nature or by implication was intended to continue to have effect after any termination of the Contract. Further, cancellation of this Contract, or any part thereof, will not discharge either party from performing any obligation due or becoming due by reason of cancellation.
Upon termination of the Contract with The Company or at any other time upon The Company’s request, the HDS Refresher Practicum Student will promptly deliver to The Company, without retaining any copies, all documents, software, hardware, equipment and other materials, including those in electronic and machine readable format, furnished to it by The Company or prepared by the HDS Refresher Practicum Student for The Company, or which the HDS Refresher Practicum Student otherwise obtained by virtue of its relationship with The Company. Failure to return The Company’s material will result in payment for the cost of material upon The Company’s request.
During the term of the Contract with The Company and for a period of two (2) years thereafter, the HDS Refresher Practicum Student will not solicit or encourage, any employees of The Company to terminate their employment with The Company.
The HDS Refresher Practicum Student warrants that performance of this Contract and as a HDS Refresher Practicum Student of The Company does not breach any agreement to keep in confidence proprietary information, knowledge or data acquired by it prior to its Contract with The Company. The HDS Refresher Practicum Student will not disclose to The Company, or induce The Company to use, any confidential or proprietary information or material belonging to any previous client or entity. The HDS Refresher Practicum Student warrants it is not a party to any other agreement which will interfere with it full compliance with this Contract. The HDS Refresher Practicum Student will not enter into any agreement, whether written or oral, in conflict with the provisions of this Contract.
Any notice, report, direction, request or other documentation required or permitted to be given to any party hereto shall be in writing and shall be given by personal delivery at the work place or by personal service, facsimile, or by mailing by prepaid mail addressed as follows:
Either party may by notice in writing advise of a new address for notice, which shall then be used by the party to whom it is addressed.
Any notice, report, direction, request or other document delivered personally, or by facsimile in accordance herewith shall be deemed to have been received by and given to the addressee on the day of delivery or transmission. Any notice, report, direction, request or other document mailed as aforesaid shall be deemed to have been received by and given to the addressee on the third (3rd) business day following the date of mailing, provided that for such purposes no day which there shall be a strike or other occurrence which shall interfere with normal mail service shall be considered a business day.
A breach of any of the promises or agreements contained in paragraphs 8, 9 and 11 will result in irreparable and continuing damage to The Company for which there will be no adequate remedy in law, and The Company shall be entitled to injunctive relief and/or a degree for specific performance, and such other relief as may be proper (including monetary damages if appropriate).
In the event that any provision or part of this Agreement shall be deemed void or invalid by a Court of competent jurisdiction, the remaining provisions, or parts of it shall be and remain in full force and effect.
This Agreement constitutes the entire Contract between the Parties with respect to their relationship and any and all previous agreements, written or oral, explicit or implied between the Parties or on their behalf relating to the relationship are terminated or cancelled and each of the Parties forever releases and discharges the other of and from all manner of actions, causes of action, claims or demands whatsoever under or in respect of any such earlier agreement.
Any modification to this contract must be in writing and be signed by the Parties hereto.
This Agreement shall be governed by the laws of the Province of British Columbia and the Parties agree that they will attorn to the jurisdiction of the Courts of British Columbia.
This Agreement is personal to the HDS Refresher Practicum Student hereto and shall not be assigned by the HDS Refresher Practicum Student without the written consent of The Company. The Company may assign, without any consent of the HDS Refresher Practicum Student being required, all or any part of its interest in this Agreement at any time.
IN WITNESS WHEREOF the parties hereto have executed this Contract:
SIGNED, SEALED AND DELIVERED