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<Name of Company>
PART-TIME COURSES SPONSORSHIP AGREEMENT
THIS AGREEMENT is made the ___ day of ______BETWEEN ______, NRIC No. ______of ______(hereinafter called "the TRAINEE") of the first part, the <Name of Company>, a company incorporated under the laws of the country, and having its registered office at <address> (hereinafter called "xxxx" which expression where the context so admits includes its successors and assigns) of the second part and ______, NRIC No. ______of ______and ______, NRIC No: ______of ______(hereinafter called "the SURETIES") of the third part.
WHEREAS "xxxx" has agreed to sponsor the TRAINEE for the course of *study/training described in the First Schedule hereto (hereinafter called "the Course").
AND WHEREAS the TRAINEE and the SURETIES in consideration of "xxxx" agreeing to sponsor the TRAINEE as aforesaid have agreed to be bound to "xxxx" for the purposes and subject to the terms and conditions hereinafter set out.
NOW THIS AGREEMENT WITNESSETH as follows:
1 The TRAINEE with the consent of the SURETIES, hereby covenants:
a) that *he/she shall enter upon and diligently pursue the Course and shall complete the Course within the prescribed time specified in the First Schedule hereto or such longer period as "xxxx" may approve;
b) that *he/she shall devote *his/her whole time to the Course or if the Course is by its nature parttime such reasonable time thereto as is consistent with the Course;
c) that *he/she shall sit for all examinations and periodical tests prescribed by the authorities of the school, college or other institution of learning, where *he/she is pursuing the Course;
d) (i) that *he/she will upon successful completion of the Course serve "xxxx" or any of its subsidiary companies or joint venture companies or any other organisation, locally or overseas, as "xxxx" may in its absolute discretion direct, for a period of xxx YEAR (hereinafter called "the Bonded Period") in any post not lower in rank than *his/her appointment at the date of this AGREEMENT to which *he/she may be appointed upon the terms and conditions for the time being applicable to such post and at a salary in accordance with the scales of salaries for the time being in force relating thereto;
(ii) that *he/she will before completion of the Course and if required to do so by "xxxx" to serve "xxxx" or any of its subsidiary companies or joint venture companies or any other organisation, locally or overseas, as "xxxx" may in its absolute discretion direct, for such periods of time as shall be determined by "xxxx" in any appointment not lower in rank than *his/her appointment at the date of this AGREEMENT; PROVIDED ALWAYS that the bonded period shall commence from the date of release of the final examination results.
2 It is further agreed and declared that the TRAINEE:
a) shall throughout the period of the Course conform to such directions or instructions as may be given to *him/her by "xxxx" in respect of *his/her conduct or movements;
b) shall satisfy the authorities responsible for the direction and control of *his/her studies as to attendance, conduct and progress at *his/her studies;
c) shall not undertake any occupation either remunerative or otherwise outside the Course except with the prior approval of "xxxx";
d) shall report to "xxxx" the results of any examination *he/she has taken in connection with the Course as soon as possible after publication of such results;
e) shall not change * his/her subject(s) of study or take any additional course(s) without the prior written permission of "xxxx";
f) shall conform to such regulations, instructions and discipline as may be in force from time to time in any school, college or other institution of learning which *he/she is attending during the Course;
g) shall not hold during the currency of this AGREEMENT any scholarship, bursary, award of a monetary nature or other related loan without the prior written consent of "xxxx";
h) shall produce to "xxxx" for inspection all official receipts for the amount expended by way of fees or otherwise.
3 "xxxx" shall pay to the TRAINEE or on *his/her behalf the allowance(s) and/or fees set forth in the First Schedule to this AGREEMENT. PROVIDED always that "xxxx" reserves the right from time to time to make such variations in the rates of any such allowance(s) and/or fees as it may consider expedient. In such event, it is hereby agreed that the Bonded Period as stated in Clause l (d) above shall be varied as "xxxx" deems appropriate.
4 It is hereby agreed and declared that if the TRAINEE:
a) shall without the consent of "xxxx" abandon or without good reason fail the Course or in any way render *himself/herself unable or unsuitable to pursue the course before completion thereof; or
b) shall have * his/her tenure of the Course terminated for any reason whatsoever; or
c) resigns or leaves the service of "xxxx" for any reason whatsoever before or after completion of the Course in breach of Clause 1(d) of this AGREEMENT; or
d) is convicted by a court of law in any Country during the Course or at any time before he commences serving the Bond (including the period he is serving in
full time national service if any) of any offence including that involving dishonesty or moral turpitude, which offence, in the opinion of "xxxx", renders *him/her unsuitable for employment with "xxxx"; or
e) is dismissed from the service of "xxxx" for misconduct, negligence or incompetence in * his/her duties before or after completion of the Course in breach of Clause 1 (d) of this AGREEMENT; or
f) refuses, or by * his/her act or omission renders *himself/herself unable or unsuitable, to serve or continue to serve "xxxx" in accordance with Clause 1 (d) of this AGREEMENT or
g) commits a breach of any of the convenants, terms and conditions in this Agreement, then and in any such case the TRAINEE and the SURETIES shall be jointly and severally liable for themselves, their heirs, executors, or assign to refund to "xxxx" on demand the amount in damages
5 a) "xxxx" may at its absolute discretion and without prejudice to any of its rights herein contained or at common law suspend this AGREEMENT for any period of time and for any reason whatsoever but may upon written notification to the TRAINEE reinstate the same.
b) Notwithstanding the suspension of this AGREEMENT "xxxx" may enforce its rights hereunder in the event of a breach by the TRAINEE of any of the terms in the AGREEMENT during the period of suspension.
6 Notwithstanding anything to the contrary herein contained, "xxxx" may without prejudice to its rights and remedies against the TRAINEE in respect of any prior breach by the TRAINEE of any of the conditions herein contained, at any time by giving one (1) calendar month`s notice in writing to the TRAINEE and the SURETIES revoke this AGREEMENT without assigning any reasons therefore and thereupon the TRAINEE and the SURETIES shall be required to repay the sum as stipulated in Clause 4 hereof..
7 The TRAINEE with the consent of the SURETIES hereby further undertakes:
a) to absolve "xxxx" including its servants and agents from all liability for any injury (whether fatal or otherwise) caused to the TRAINEE (whether or not by any act, omission default or neglect of the institution wherein * he/she undertakes to pursue the Course or its servants or agents) which * he/she may sustain by reason of *his/her tenure of the Course; and
b) to indemnify and keep harmless "xxxx" against all proceedings, suits, actions, claims, demands, costs, damages and expenses whatsoever which may be taken or made against "xxxx" or incurred or became payable by "xxxx" in respect of injury (whether fatal or otherwise) to any person or damage or loss to any property occasioned or any other losses caused directly or indirectly by any act, omission, neglect or default by the TRAINEE where on or otherwise in relation to or arising out of the Course.
8 It is hereby agreed and declared that if at any time during the currency of this AGREEMENT either of the SURETIES should die or cease to reside within <country> or remain out of the <country> for more than twelve (12) consecutive calendar months or should be adjudged a bankrupt or make or enter into any Agreement of arrangement or compromise with his creditors or an attachment of earnings order be obtained against him, then and PROVIDED always that if the other SURETY or TRAINEE shall furnish another surety to the satisfaction of "xxxx" who shall be ready and willing to be substituted in the place of the SURETY so disqualified as aforesaid, this AGREEMENT shall continue in full force and effect.
PROVIDED that in the event of another surety not being found to the satisfaction of "xxxx" or in the event of such other surety refusing to enter into an agreement whereby he agrees to be bound by the terms and conditions of this AGREEMENT relating to the SURETIES` obligations herein, "xxxx" may at its discretion at any time revoke this AGREEMENT without prejudice to "xxxx" rights and remedies against the TRAINEE for any breach by the TRAINEE of any conditions contained in this AGREEMENT.
9 Any forbearance on the part of "xxxx" in enforcing any of its rights against the TRAINEE under this AGREEMENT or any other act or thing which but for this clause would operate as a release of the SURETIES shall not in any way affect or prejudice the joint and several liability of the SURETIES or the continuing liability of the SURETIES of either of them or their estates hereunder.
10 It is hereby declared and agreed that the Schedules attached hereto shall be read with and form part of this AGREEMENT.
11 This Agreement shall be subject to and construed in accordance with the laws of <country>. All proceedings in relation to any matter in dispute, arising out of or in connection with this Agreement shall be commenced in the relevant Court of <country>and the parties hereby submit to the exclusive jurisdiction of the courts of <country>.
FIRST SCHEDULE
PART 1
The Place of Study/Training :
The Course of Study/Training :
PART 2
The Prescribed Time :
PART 3
The Course Fee :
SECOND SCHEDULE
The amount of damages for which the TRAINEE and the SURETIES shall be jointly and severally liable under Clause 4 of this AGREEMENT shall be all sums of money paid to the TRAINEE or on *his/her behalf by way of allowances or course fee for which liability has been incurred by "xxxx" by way of fees or otherwise plus 10% compound interest per annum on the total sum.
"xxxx" also reserves the right to recover part or whole of the liquidated damages from the staff’s salary, if there is a breach of this agreement. "xxxx" may at its discretion reduce the amount due by the same proportion as the number of completed months served bears to the Bonded Period.
IN WITNESS WHEREOF the parties have hereunto set their hands the day and year first above written.
SIGNED AND DELIVERED BY
I the Trainee
in the presence of
II First-Named Surety
in the presence of
III Second-Named Surety
in the presence of