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EMPLOYMENT AGREEMENT Agreement made, effective on
this day of [Month & Year], by and between Advanced
Health Alliance, Inc., a corporation organized and existing under the laws of
the State of Michigan, with its principal office located at 1001 Medical Park Drive SE., Suite 111, Grand Rapids, Michigan 49546, Kent County, USA,
referred to in this agreement as employer, and, [name]
,
of [address],
[city][District],[state],
[Country] referred to in this agreement as
employee. RECITALS A.
Employer is engaged in the business of Health Care Recruiting and Placement Services, and
maintains offices at
B.
Employee has been engaged and has had the education and required experiences
and current registration/licensure as a “first level, general” nurse as defined
historically by the International Council of Nurses.
C.
Employee is willing to be employed by employer, and employer is willing to
employ employee, on the terms, covenants, and conditions set forth in this
agreement.
In
consideration of the matters described above, and of the mutual benefits and
obligations set forth in this agreement, the parties agree as follows: SECTION ONE.
EMPLOYMENT A.
Employer employs, engages, and hires employee as a nurse to provide nursing
services to health care facilities in the
B.
Employee shall perform such other duties as are customarily performed by nursing
profession, same, or similar profession or enterprises as that engaged in by
employer, and shall also additionally render such other and unrelated services
and duties as may be assigned to him
or her from time to time by employer. SECTION TWO.
BEST EFFORTS OF EMPLOYEE
Employee
agrees that he or she will at
all times faithfully, industriously, and to the best of his or her ability, experience, and talents, perform all of the
duties that may be required of and from him
or her pursuant to the express and implicit terms of this agreement, to
the reasonable satisfaction of employer. Such duties shall be rendered at designated places of employment,
and at such other place or places as employer shall in good faith require or as
the interest, needs, business, or opportunity of employer shall require. SECTION THREE.
TERM OF EMPLOYMENT The term of this agreement shall be a period of THREE years, effective the date of arrival in the US and obtaining an RN licensure providing the authority to practice nursing, whichever come later, subject, however, to prior termination as provided in this agreement. At the expiration date of this agreement, this agreement shall be considered renewed for regular periods of one year, provided neither party submits a notice of termination.
The employer has substantial investment in sponsoring and maintaining employment for the employee and that an early termination or breach or contract carries substantial penalties and consequences. The penalty for early termination shall be at ten thousand (US$10,000.00) US dollars for every year of the contract remaining of the agreement.
SECTION FOUR.
COMPENSATION OF EMPLOYEE
Employer
shall pay employee, and employee shall accept from employer, in full payment
for employee’s services under this agreement, compensation at the rate of $40,000.00
per year, payable twice a month on the 15th and the last days of each
month while this agreement shall be in force.
Employer
shall reimburse employee for all necessary expenses incurred by employee while
traveling pursuant to employer’s directions.
OTHER EMPLOYMENT
Employee
shall devote all of his or her
time, attention, knowledge, and skills solely to the business and interest of
employer, and employer shall be entitled to all of the benefits, profits, or
other issues arising from or incident to all work, services, and advice of
employee, and employee shall not, during the term of this agreement, be
interested directly or indirectly, in any manner, as partner, officer,
director, shareholder, advisor, employee, or in any other capacity in any other
business similar to employer’s business or any allied trade in direct or
indirect competition with the employers business. SECTION SIX.
RECOMMENDATIONS FOR IMPROVING OPERATIONS
Employee
shall make available to employer all information of which employee shall have
any knowledge and shall make all suggestions and recommendations that will be
of mutual benefit to employer and employee. SECTION SEVEN.
TRADE SECRETS
Employee
shall not at any time or in any manner, either directly or indirectly, divulge,
disclose or communicate to any person, firm, corporation, or other entity in
any manner whatsoever any information concerning any matters affecting or
relating to the business of employer, including but not limited to any of its
customers, the prices it obtains or has obtained from the sale of, or at which
it sells or has sold, its products, or any other information concerning the
business of employer, its manner of operation, its plans, processes, or other
data without regard to whether all of the above-stated matters will be deemed
confidential, material, or important, employer and employee specifically and
expressly stipulating that as between them, such matters are important,
material, and confidential and gravely affect the effective and successful
conduct of the business of employer, and employer’s good will, and that any
breach of the terms of this section shall be a material breach of this
agreement. SECTION EIGHT.
TRADE SECRETS AFTER TERMINATION OF EMPLOYMENT
All
of the terms of Section Seven of this agreement shall remain in full force and
effect for the period of Two years after the termination of employee’s
employment for any reason, and during such Two-year period, employee
shall not make or permit the making of any public announcement or statement of
any kind on trade secrets, strategies, or information on the employer customers,
employees and its affiliates. SECTION NINE.
ADDITIONAL COMPENSATION
Employee
shall not be entitled to any additional compensation by reason of any service
that he or she may perform as
the member of any managing committee of employer, or
in the event that he or she
shall at any time be elected an officer of director of employer.
EMPLOYEE’S INABILITY TO CONTRACT FOR EMPLOYER
In
spite of anything contained in this agreement to the contrary, employee shall
not have the right to make any contracts or commitments for or on behalf of
employer without first obtaining the express written consent of employer. SECTION ELEVEN.
AGREEMENTS OUTSIDE OF CONTRACT
This
agreement contains the complete agreement concerning the employment arrangement
between the parties and shall, as of the effective date of this agreement,
supersede all other agreements between the parties. The parties stipulate that
neither of them has made any representation with respect to the subject matter
of this agreement or any representations including the execution and delivery
of this agreement except such representations as are specifically set forth in
this agreement, and each of the parties acknowledges that he or she or it has
relied on its own judgment in entering into this agreement. The parties further
acknowledge that any payments or representations that may have been made by
either of them to the other prior to the date of executing this agreement are
of no effect and that neither of them has relied on such payments or
representations in connection with his
or her or its dealings with the other. SECTION TWELVE.
VACATION & HOLIDAYS
Employee
shall be entitled to ten days of paid vacation each year during the term of
this agreement, the time for such vacation to be determined by mutual agreement
between employer and employee. Further, employee is entitled to all US
recognized holidays after ninety days of employment. SECTION THIRTEEN.
MODIFICATION OF AGREEMENT
Any
modification of this agreement or additional obligation assumed by either party
in connection with this agreement shall be binding only if evidenced in writing
signed by each party or an authorized representative of each party. SECTION FOURTEEN.
TERMINATION
A. This agreement may be terminated by either party on thirty days’ written notice to the other. However, there are substantial early termination penalties as detailed in SECTION THREE under TERM OF EMPLOYMENT.
B.
In the event of any violation by employee of any of the terms of this
agreement, employer may terminate employment without notice and with
compensation to employee only to the date of such termination.
C.
It is further agreed that any breach or evasion of any of the terms of this
agreement by either party will result in immediate and irreparable injury to
the other party and will authorize recourse to injunction and or specific
performance as well as to all other legal or equitable remedies to which such
injured party may be entitled under this agreement. SECTION FIFTEEN.
TERMINATION FOR DISABILITY
A.
In spite of anything in this agreement to the contrary, employer has the option
to terminate this agreement in the event that employee shall, during the term
of this agreement, become permanently disabled as the term permanently disabled
is fixed and defined in this Section. Such option shall be exercised by
employer giving notice to employee by mail, addressed to him or her in care of employer
at 1001 Medical Park Drive SE., Suite 111, Grand Rapids, Michigan 49546, USA or
at such other address as employee shall designate in writing of employer’s
intention to terminate this agreement on the last day of the month during which
such notice is mailed. On the giving of such notice, this agreement shall cease
on the last day of the month in which the notice is so mailed, with the same
force and effect as if such last day of the month were the date originally set
forth in this agreement as the termination date of this agreement.
B.
For the purposes of this agreement, employee shall be deemed to have become
permanently disabled, if, during any year of the term of this agreement,
because of ill health, physical or mental disability or for other causes beyond
employee’s control he or she
shall have been continuously unable or unwilling or shall have failed to
perform his or her duties under
this agreement for fourteen consecutive days, or if, during any year of the
term of this agreement, employee shall have been unable or unwilling or shall
have failed to perform his or her duties for a total period of fourteen days,
irrespective of whether or not such days are consecutive. For the purposes of
this agreement, the term “any year of the term of this agreement” is defined to
mean any 12-calendar-months period, during the term of this agreement. SECTION SIXTEEN.
EFFECT OF PARTIAL INVALIDITY
The
invalidity of any portion of this agreement will not and shall not be deemed to
affect the validity of any other provision. In the event that any provision of
this agreement is held to be invalid, the parties agree that the remaining
provisions shall be deemed to be in full force and effect as if they had been
executed by both parties subsequent to the expungement
of the invalid provision. SECTION SEVENTEEN.
CHOICE OF LAW
It
is the intention of the parties to this agreement that this agreement and the
performance under this agreement, and all suits and special proceedings under
this agreement, be construed in accordance with and under and pursuant to the
laws of the State of Michigan and that, in any action, special proceeding or
other proceeding that may be brought arising out of, in connection with, or by
reason of this agreement, the laws of the State of Michigan shall be applicable
and shall govern to the exclusion of the law of any other forum, without regard
to the jurisdiction in which any action or special proceeding may be
instituted. SECTION EIGHTEEN.
NO WAIVER
The failure of either party
to this agreement to insist upon the performance of any of the terms and
conditions of this agreement, or the waiver of any breach of any of the terms
and conditions of this agreement, shall not be construed as thereafter waiving
any such terms and conditions, but the same shall continue and remain in full
force and effect as if no such forbearance or waiver had occurred. SECTION NINETEEN.
ATTORNEY FEES
In
the event that any action is filed in relation to this agreement, the unsuccessful
party in the action shall pay to the successful party, in addition to all the
sums that either party may be called on to pay, a reasonable sum for the
successful party’s attorney’s fees. SECTION TWENTY.
PARAGRAPH HEADINGS
The
titles to the paragraphs of this agreement are solely for the convenience of
the parties and shall not be used to explain, modify, simplify, or aid in the
interpretation of the provisions of this agreement.
In
witness of the above, each party to this agreement has caused it to be executed
on the date indicated below.
____________________________________ ____________________________________
Signature of Employer Signature
of Employee
Name and Title Name
of Employee
Date of Signing Date
of Signing
Place of Signing Place of Signing
Advanced Health Alliance, Inc. 1001 Medical Park Dr., SE, Suite 111, Grand Rapids, Michigan 49546 USA Tel: 616-977-3200 Fax: 616-956-0059 Info@advancedhealthalliance.com
AHA Employment Agreement Rev. 122005 |