Common use of Repayment on Termination Clause in Contracts

Repayment on Termination. Initial here 4.1 In the event that this Contract is terminated for any reason before the Participant has completed the Return of Service in full, the Participant will pay the Province the corresponding sum set out in the table below (the “Repayment Amount”), plus any interest incurred on that amount from the date the Participant first signed this Contract. 4.2 The interest referred to in Article 4.1 will be at the prime rate as it is announced from time to time by the Canadian Imperial Bank of Commerce on Canadian dollar commercial loans. 4.3 The Parties agree that the Repayment Amount is a reasonable pre- estimation of the damages that the Province will suffer in the event that the Contract is terminated before the Participant has completed the Return of Service in full, recognizing that: (a) it will cost the Province approximately $8,000 to administer the Participant’s placement in the community; (b) it will cost the Province at least $70,000 to fund the Participant’s placement in the Practice Ready Assessment-BC Program; (c) a replacement Participant will be required for the Return of Service community in the event the Participant does not complete the Return of Service, in which case it will cost the Province at least $78,000 to administer that replacement and to fund the replacement’s Practice Ready Assessment-BC Program enrolment; (d) it takes approximately one year to fill a family practice vacancy in an average community of need in British Columbia, and can take much longer in some communities. There will be added costs for the Province to ensure that comparable services are provided in the Return of Service community during this time period, and such costs are difficult to quantify; (e) by completing the Practice Ready Assessment-BC Program, the Participant will become eligible to practice medicine in British Columbia, and to xxxx the Medical Services Plan (MSP) for the provision of health services. If the Participant does not complete the Return of Service in the identified Return of Service Community, the Participant will be in breach of this Agreement. Any health services that the Participant provides elsewhere in British Columbia in breach this Agreement, including any MSP xxxxxxxx in relation to those health services, will give rise to further damages, costs and expenses to the government, flowing from the Participant’s breach of this Agreement. The Province has calculated that, in the 2013-2014 fiscal year, the average annual MSP xxxxxxxx for a family practitioner in an average rural community of need is approximately $222,000. 4.4 As of the date of first signing this Contract, the Participant warrants and represents to the Province, and acknowledges and confirms that the Province is relying upon such warranties and representations in entering into this Contract, that: (a) the Participant has every intention to complete the Return of Service in full and has no knowledge of any material fact or matter not disclosed to the Province that might prevent the Participant from completing the Return of Service in full as contemplated by this Agreement; (b) the Participant accepts and acknowledges that the Province will suffer losses if the Practitioner does not complete the Return of Service in full; and (c) the Participant accepts and acknowledges that the Repayment Amount is a reasonable pre-estimation of the losses that the Province will suffer if the Practitioner does not complete the Return of Service in full. 4.5 Within 30 days following the Contract termination referred to in Article 4.1, the Participant shall pay to the Province the Repayment Amount, including any interest, in full. If the Participant fails to pay the full amount owing by this date, the Province may refer the matter to any other person or entity, for the purpose of collection. 4.6 The Province may forgive some or all of the Repayment Amount, including any interest, if: (a) the Participant becomes gravely ill and is unable to complete his or her contractual obligations or dies before completing his/her obligations under this Contract, or (b) the Participant fails to pass the Centralized Assessment or the Clinical Field Assessment after exhausting all available attempts.

Repayment on Termination. Initial here 4.1 In the event that this Contract is terminated for any reason reason, other than in accordance with Article 17.8, before the Participant has completed the Postgraduate Medical Education Program and the Return of Service in full, the Participant will pay to the Province the corresponding sum amount set out in below that corresponds to the table below (the “Repayment Amount”)Participant’s area of practice, plus any interest incurred on that amount from the date the Participant first signed this Contract.Contract (the “Repayment Amount”): 4.2 The interest referred to in Article 4.1 will be at the prime rate as it is announced from time to time by the Canadian Imperial Bank of Commerce on Canadian dollar commercial loans. 4.3 The Parties agree that the Repayment Amount is a reasonable pre- estimation of the damages that the Province will suffer in the event that the Contract is terminated before the Participant has completed the Return of Service in full, recognizing that: (a) it It will cost the Province at least the amount set out in Table 1 below that corresponds to fund the Participant’s Postgraduate Medical Education; (b) It will cost the Province approximately $8,000 to administer the Participant’s placement in the community; (b) it will cost the Province at least $70,000 to fund the Participant’s placement in the Practice Ready Assessment-BC Program; (c) a A replacement Participant participant will likely be required for the Return of Service community in the event the Participant does not complete the Return of Service, in which case it will cost and the Province at least $78,000 will have to pay the amounts referred to in (a) and (b) above to educate and to administer that the placement of the replacement and to fund the replacement’s Practice Ready Assessment-BC Program enrolmentParticipant; (d) it It takes approximately one year to fill a family practice vacancy in an average community of need in British Columbia, Columbia and can take much longer in some communities. There will be added costs for the Province to ensure that comparable services are provided in the Return of Service community during this time period, and such costs are can be difficult to quantifyidentify; (e) by By completing the Practice Ready Assessment-BC ProgramPostgraduate Medical Education, the Participant will become eligible to practice medicine in British Columbia, and to xxxx bill the Medical Services Plan (MSP) for the provision of health services. If the Participant does not complete the Return of Service in full in the identified Return of Service Communitycommunity, the Participant will be in breach of this Agreement. Any health services that the Participant provides elsewhere in British Columbia in breach of this Agreement, including any MSP xxxxxxxx in relation to those health services, will give rise to further damages, costs costs, and expenses to the governmentProvince, flowing from the Participant’s breach of this Agreement. The Province has calculated that, in the 20132017-2014 18 fiscal year, year the average annual MSP xxxxxxxx income per full time equivalent (FTE) for dermatologists with a family practitioner return of services are as follows: 1 Dermatology repayment is based on the number of years in an average rural community of need is approximately $222,000the Dermatology residency program. TABLE 1: Costs Associated with Dermatology Breach of Contract 4.4 As of the date of first signing this Contract, the Participant warrants and represents to the Province, and acknowledges and confirms that the Province is relying upon such warranties and representations in entering into this Contract, that: Within thirty (a30) the Participant has every intention to complete the Return of Service in full and has no knowledge of any material fact or matter not disclosed to the Province that might prevent the Participant from completing the Return of Service in full as contemplated by this Agreement; (b) the Participant accepts and acknowledges that the Province will suffer losses if the Practitioner does not complete the Return of Service in full; and (c) the Participant accepts and acknowledges that the Repayment Amount is a reasonable pre-estimation of the losses that the Province will suffer if the Practitioner does not complete the Return of Service in full. 4.5 Within 30 days following the Contract termination referred to in Article 4.1, the Participant shall pay to the Province the Repayment Amount, including any interest, Amount in full. If the Participant fails to pay the full amount owing by this date, the Province may refer the matter to any other person or entity, for the purpose of collection. 4.6 4.5 The Province may forgive some or all of the Repayment Amount, including any interest, Amount if: (a) before completing the Return of Service, the Participant dies or becomes gravely ill and such that Participant is unable no longer able to complete his or her contractual obligations or dies practice medicine, or (b) before completing his/her obligations under breaching any term of this Contract, the Participant first requests compassionate consideration pursuant to Article 4.6 and the Province approves that request 4.6 The Participant may request compassionate consideration from the Province if, after the execution of this Contract, there is a material change in Participant’s circumstances such that completing the Return of Service will cause the Participant undue hardship. The Province will determine, in its sole and absolute discretion, whether or not to approve a request for compassionate consideration. Without limiting the generality of the foregoing, approval will not be granted if the Province is of the opinion that: (a) the request relates to a pre-existing circumstance that was not disclosed to the Province in writing as required under Article 6.1(b), or (b) the Participant fails request is for reconsideration of a prior request for compassionate consideration and there has been no material change in Participant’s circumstance to pass the Centralized Assessment or the Clinical Field Assessment after exhausting all available attemptswarrant reconsideration.

Repayment on Termination. Initial here 4.1 In the event that this Contract is terminated for any reason reason, other than in accordance with Article 16.8, before the Participant has completed the Return of Service in full, the Participant will pay the Province the corresponding sum set out in the table below (the “Repayment Amount”)below, plus any interest incurred on that amount from the date the Participant first signed this ContractContract (the “Repayment Amount”). 4.2 The interest referred to in Article 4.1 will be at the prime rate as it is announced from time to time by the Canadian Imperial Bank of Commerce on Canadian dollar commercial loans. 4.3 The Parties agree that the Repayment Amount is a reasonable pre- estimation of the damages that the Province will suffer in the event that the Contract is terminated before the Participant has completed the Return of Service in full, recognizing that: (a) it will cost the Province approximately $8,000 to administer the Participant’s placement in the community; (b) it will cost the Province at least $70,000 to fund the Participant’s placement in the Practice Ready Assessment-BC Program; (c) a replacement Participant will be required for the Return of Service community in the event the Participant does not complete the Return of Service, in which case it will cost the Province at least $78,000 to administer that replacement and to fund the replacement’s Practice Ready Assessment-BC Program enrolment; (d) it takes approximately one year to fill a family practice vacancy in an average community of need in British Columbia, Columbia and can take much longer in some communities. There will be added costs for the Province to ensure that comparable services are provided in the Return of Service community during this time period, and such costs are difficult to quantify;; and (e) by completing the Practice Ready Assessment-BC Program, the Participant will become eligible to practice medicine in British Columbia, and to xxxx bill the Medical Services Plan (MSP) for the provision of health services. If the Participant does not complete the Return of Service in the identified Return of Service Community, the Participant will be in breach of this Agreement. Any health services that the Participant provides elsewhere in British Columbia in breach this Agreement, including any MSP xxxxxxxx in relation to those health services, will give rise to further damages, costs and expenses to the government, flowing from the Participant’s breach of this Agreement. The Province has calculated that, in the 20132017-2014 18 fiscal year, the average annual MSP xxxxxxxx for a family practitioner in an average rural community of need is approximately $222,000245,000. 4.4 As of the date of first signing this Contract, the Participant warrants and represents to the Province, and acknowledges and confirms that the Province is relying upon such warranties and representations in entering into this Contract, that: (a) the Participant has every intention to complete the Return of Service in full and has no knowledge of any material fact or matter not disclosed to the Province that might prevent the Participant from completing the Return of Service in full as contemplated by this Agreement; (b) the Participant accepts and acknowledges that the Province will suffer losses if the Practitioner does not complete the Return of Service in full; and (c) the Participant accepts and acknowledges that the Repayment Amount is a reasonable pre-estimation of the losses that the Province will suffer if the Practitioner does not complete the Return of Service in full. 4.5 Within 30 days following the Contract termination referred to in Article 4.1, the Participant shall pay to the Province the Repayment Amount, including any interest, in full. If the Participant fails to pay the full amount owing by this date, the Province may refer the matter to any other person or entity, for the purpose of collection. 4.6 The Province may forgive some or all of the Repayment Amount, including any interest, if: (a) before completing the contractual obligations, the Participant dies or becomes gravely ill and such that the Participant is unable no longer able to complete his or her contractual obligations or dies before completing his/her obligations under this Contractpractice medicine, or (b) the Participant fails to pass the Centralized Assessment or the Clinical Field Assessment after exhausting all available attempts.

Repayment on Termination. Initial here 4.1 In the event that this Contract is terminated for any reason before the Participant has completed the Return of Service in full, the Participant will pay the Province the corresponding sum set out in the table below of three hundred thousand (the “Repayment Amount”)$300,000) dollars, plus any interest incurred on that amount from the date the Participant first signed this ContractContract (the “Repayment Amount”). 4.2 The interest referred to in Article 4.1 will be at the prime rate as it is announced from time to time by the Canadian Imperial Bank of Commerce on Canadian dollar commercial loans. 4.3 The Parties agree that the Repayment Amount is a reasonable pre- estimation of the damages that the Province will suffer in the event that the Contract is terminated at any time before the Participant has completed the Return of Service in full, recognizing that: (a) it will cost the Province approximately $8,000 to administer the Participant’s placement in the community; (b) it will cost the Province at least $70,000 to fund the Participant’s placement in the Practice Ready Assessment-BC Program; (c) a replacement Participant will be required for the Return of Service community in the event the Participant does not complete the Return of Service, in which case it will cost the Province at least $78,000 to administer that replacement and to fund the replacement’s Practice Ready Assessment-BC Program enrolment; (d) it takes approximately one year to fill a family practice vacancy in an average community of need in British Columbia, and can take much longer in some communities. There will be added costs for the Province to ensure that comparable services are provided in the Return of Service community during this time period, and such costs are difficult to quantify; (e) by completing the Practice Ready Assessment-BC Program, the Participant will become eligible entitled to practice medicine in British Columbia, and to xxxx the Medical Services Plan (MSP) for the provision of health services. If the Participant does not complete the Return of Service in the identified Return of Service Community, the Participant will be in breach of this Agreement. Any health services that the Participant provides elsewhere in British Columbia in breach this Agreement, including any MSP xxxxxxxx in relation to those health services, will give rise to further damages, costs and expenses to the government, flowing from the Participant’s breach of this Agreement. The Province has calculated that, in the 2013-2014 fiscal year, the average annual MSP xxxxxxxx for a family practitioner in an average rural community of need is approximately $222,000. 4.4 As of the date of first signing this Contract, the Participant warrants and represents to the Province, and acknowledges and confirms that the Province is relying upon such warranties and representations in entering into this Contract, that: (a) the Participant has every intention to complete the Return of Service in full and has no knowledge of any material fact or matter not disclosed to the Province that might prevent the Participant from completing the Return of Service in full as contemplated by this Agreement; (b) the Participant accepts and acknowledges that the Province will suffer losses if the Practitioner does not complete the Return of Service in full; and (c) the Participant accepts and acknowledges that the Repayment Amount is a reasonable pre-estimation of the losses that the Province will suffer if the Practitioner does not complete the Return of Service in full. 4.5 Within 30 days following the Contract termination referred to in Article 4.1, the Participant shall pay to the Province the Repayment Amount, including any interest, Amount in full. If the Participant fails to pay the full amount owing by this date, the Province may refer the matter to any other person or entity, for the purpose of collection. 4.6 The Province may forgive some or all of the Repayment Amount, including any interest, if: (a) if the Participant becomes gravely ill and is unable to complete his or her contractual obligations or dies before completing his/her obligations under this Contract, or (b) the Participant fails to pass the Centralized Assessment or the Clinical Field Assessment after exhausting all available attempts.

Repayment on Termination. Initial here 4.1 In the event that this Contract is terminated for any reason before the Participant has completed the Postgraduate Medical Education Program and the Return of Service in full, the Participant will pay to the Province the corresponding sum amount set out in below that corresponds to the table below (the “Repayment Amount”)Participant’s area of practice, plus any interest incurred on that amount from the date the Participant first signed this Contract.Contract (the “Repayment Amount”): 4.2 The interest referred to in Article 4.1 will be at the prime rate as it is announced from time to time by the Canadian Imperial Bank of Commerce on Canadian dollar commercial loans. 4.3 The Parties agree that the Repayment Amount is a reasonable pre- estimation of the damages that the Province will suffer in the event that the Contract is terminated before the Participant has completed the Return of Service in full, recognizing that: (a) it It will cost the Province at least the amount set out in Table 1 below that corresponds to fund the Participant’s postgraduate medical education; (b) It will cost the Province approximately $8,000 to administer the Participant’s placement in the community; (b) it will cost the Province at least $70,000 to fund the Participant’s placement in the Practice Ready Assessment-BC Program; (c) a A replacement Participant participant will be required for the Return of Service community in the event the Participant does not complete the Return of Service, in which case it will cost and the Province at least $78,000 will have to pay the amounts referred to in (a) and (b) above to educate and to administer that the placement of the replacement and to fund the replacement’s Practice Ready Assessment-BC Program enrolmentParticipant; (d) it It takes approximately one year to fill a family practice vacancy in an average community of need in British Columbia, and can take much longer in some communities. There will be added costs for the Province to ensure that comparable services are provided in the Return of Service community during this time period, and such costs are can be difficult to quantifyidentify; (e) by By completing the Practice Ready Assessment-BC Programresidency program, the Participant will become eligible to practice medicine in British Columbia, and to xxxx the Medical Services Plan (MSP) for the provision of health services. If the Participant does not complete the Return of Service in full in the identified Return of Service Communitycommunity, the Participant will be in breach of this Agreement. Any health services that the Participant provides elsewhere in British Columbia in breach of this Agreement, including any MSP xxxxxxxx in relation to those health services, will give rise to further damages, costs costs, and expenses to the governmentProvince, flowing from the Participant’s breach of this Agreement. The Province has calculated that, in the 20132015-2014 16 fiscal year, year the average annual MSP xxxxxxxx income per full time equivalent (FTE) for family physicians/ general practitioners, internists, paediatricians and psychiatrists with a family practitioner return of services are as follows: Postgraduate medical education plus interest $239,375 $493,085 $493,085 $625,581 Cost to administer placement in an average rural ROS community of need is approximately $222,000.8,000 $8,000 $8,000 $8,000 Average annual income per FTE $233,000 $334,000 $295,000 $264,000 4.4 As of the date of first signing this Contract, the Participant warrants and represents to the Province, and acknowledges and confirms that the Province is relying upon such warranties and representations in entering into this the Contract, that: (a) the The Participant has every intention to complete the Return of Service in full and has no knowledge of any material fact or matter not disclosed to the Province that might prevent the Participant from completing the Return of Service in full as contemplated by this Agreement;Contract; and (b) the The Participant accepts and acknowledges that the Province will suffer losses if the Practitioner does not complete the Return of Service in full; and (c) the Participant accepts and acknowledges that the Repayment Amount is a reasonable pre-estimation of the losses that the Province will suffer if the Practitioner does not complete the Return of Service in full. 4.5 Within 30 days following the Contract termination referred to in Article 4.1, the Participant shall pay to the Province the Repayment Amount, including any interest, Amount in full. If the Participant fails to pay the full amount owing by this date, the Province may refer the matter to any other person or entity, for the purpose of collection. 4.6 The Province may forgive some or all of the Repayment Amount, including any interest, if: (a) if the Participant becomes gravely ill and is unable to complete his or her the contractual obligations or dies before completing his/her their obligations under this Contract, or (b) the Participant fails to pass the Centralized Assessment or the Clinical Field Assessment after exhausting all available attempts.

Repayment on Termination. Initial here 4.1 In the event that this Contract is terminated for any reason reason, other than in accordance with Article 17.8, before the Participant has completed the Fellowship and the Return of Service in full, the Participant will pay to the Province the corresponding sum amount set out in below that corresponds to the table below (the “Repayment Amount”)Participant’s area of practice, plus any interest incurred on that amount from the date the Participant first signed this Contract.Contract (the “Repayment Amount”): Anesthesiology: $517,626 4.2 The interest referred to in Article 4.1 will be at the prime rate as it is announced from time to time by the Canadian Imperial Bank of Commerce on Canadian dollar commercial loans. 4.3 The Parties agree that the Repayment Amount is a reasonable pre- estimation of the damages that the Province will suffer in the event that the Contract is terminated before the Participant has completed the Return of Service in full, recognizing that: (a) it It will cost the Province at least the amount set out in Table 1 below that corresponds to fund the Participant’s Fellowship; (b) It will cost the Province approximately $8,000 to administer the Participant’s placement in the community; (b) it will cost the Province at least $70,000 to fund the Participant’s placement in the Practice Ready Assessment-BC Program; (c) a A replacement Participant participant will likely be required for the Return of Service community in the event the Participant does not complete the Return of Service, in which case it will cost and the Province at least $78,000 will have to pay the amounts referred to in (a) and (b) above to educate and to administer that the placement of the replacement and to fund the replacement’s Practice Ready Assessment-BC Program enrolmentParticipant; (d) it It takes approximately at least one year to fill a family practice vacancy in an average community of need in British Columbia, Columbia and can take much longer in some communities. There will be added costs for the Province to ensure that comparable services are provided in the Return of Service community during this time period, and such costs are can be difficult to quantifyidentify; (e) by By completing the Practice Ready Assessment-BC ProgramFellowship, the Participant will become eligible to practice medicine in British Columbia, and to xxxx the Medical Services Plan (MSP) for the provision of health servicesprovide Government Funded Health Services. If the Participant does not complete the Return of Service in full in the identified Return of Service Communitycommunity, the Participant will be in breach of this Agreement. Any health services Government Funded Health Services that the Participant provides elsewhere in British Columbia in breach of this Agreement, including any MSP xxxxxxxx in relation to those health services, Agreement will give rise to further damages, costs costs, and expenses to the governmentProvince, flowing from the Participant’s breach of this Agreement. The Province has calculated that, in the 20132018-2014 19 fiscal year, year the average annual MSP xxxxxxxx total income per full time equivalent (FTE) for anesthesiologists with a family practitioner in an average rural community return of need is approximately $222,000.services are as follows: TABLE 1: Costs Associated with Anesthesiology Breach of Contract 4.4 As of the date of first signing this Contract, the Participant warrants and represents to the Province, and acknowledges and confirms that the Province is relying upon such warranties and representations in entering into this Contract, that: Within thirty (a30) the Participant has every intention to complete the Return of Service in full and has no knowledge of any material fact or matter not disclosed to the Province that might prevent the Participant from completing the Return of Service in full as contemplated by this Agreement; (b) the Participant accepts and acknowledges that the Province will suffer losses if the Practitioner does not complete the Return of Service in full; and (c) the Participant accepts and acknowledges that the Repayment Amount is a reasonable pre-estimation of the losses that the Province will suffer if the Practitioner does not complete the Return of Service in full. 4.5 Within 30 days following the Contract termination referred to in Article 4.1, the Participant shall pay to the Province the Repayment Amount, including any interest, Amount in full. If the Participant fails to pay the full amount owing by this date, the Province may refer the matter to any other person or entity, for the purpose of collection. 4.6 4.5 The Province may forgive some or all of the Repayment Amount, including any interest, Amount if: (a) before completing the Return of Service, the Participant dies or becomes gravely ill and such that Participant is unable no longer able to complete his or her contractual obligations or dies practice medicine, or (b) before completing his/her obligations under breaching any term of this Contract, the Participant first requests compassionate consideration pursuant to Article 4.6 and the Province approves that request. 4.6 The Participant may request compassionate consideration from the Province if, after the execution of this Contract, there is a material change in Participant’s circumstances such that completing the Return of Service will cause the Participant undue hardship. The Province will determine, in its sole and absolute discretion, whether or not to approve a request for compassionate consideration. Without limiting the generality of the foregoing, approval will not be granted if the Province is of the opinion that: (a) the request relates to a pre-existing circumstance that was not disclosed to the Province in writing as required under Article 6.1(b), or (b) the Participant fails request is for reconsideration of a prior request for compassionate consideration and there has been no material change in Participant’s circumstance to pass the Centralized Assessment or the Clinical Field Assessment after exhausting all available attemptswarrant reconsideration.

Repayment on Termination. Initial here 4.1 In the event that this Contract is terminated for any reason before the Participant has completed the Return of Service in full, the Participant will pay the Province the corresponding sum set out in the table below (the “Repayment Amount”), plus any interest incurred on that amount from the date the Participant first signed this Contract. 4.2 The interest referred to in Article 4.1 will be at the prime rate as it is announced from time to time by the Canadian Imperial Bank of Commerce on Canadian dollar commercial loans. 4.3 The Parties agree that the Repayment Amount is a reasonable pre- estimation of the damages that the Province will suffer in the event that the Contract is terminated before the Participant has completed the Return of Service in full, recognizing that: (a) it will cost the Province approximately $8,000 to administer the Participant’s placement in the community; (b) it will cost the Province at least $70,000 to fund the Participant’s placement in the Practice Ready Assessment-BC Program; (c) a replacement Participant will be required for the Return of Service community in the event the Participant does not complete the Return of Service, in which case it will cost the Province at least $78,000 to administer that replacement and to fund the replacement’s Practice Ready Assessment-BC Program enrolment; (d) it takes approximately one year to fill a family practice vacancy in an average community of need in British Columbia, and can take much longer in some communities. There will be added costs for the Province to ensure that comparable services are provided in the Return of Service community during this time period, and such costs are difficult to quantify; (e) by completing the Practice Ready Assessment-BC Program, the Participant will become eligible to practice medicine in British Columbia, and to xxxx bill the Medical Services Plan (MSP) for the provision of health services. If the Participant does not complete the Return of Service in the identified Return of Service Community, the Participant will be in breach of this Agreement. Any health services that the Participant provides elsewhere in British Columbia in breach this Agreement, including any MSP xxxxxxxx in relation to those health services, will give rise to further damages, costs and expenses to the government, flowing from the Participant’s breach of this Agreement. The Province has calculated that, in the 2013-2014 fiscal year, the average annual MSP xxxxxxxx for a family practitioner in an average rural community of need is approximately $222,000. 4.4 As of the date of first signing this Contract, the Participant warrants and represents to the Province, and acknowledges and confirms that the Province is relying upon such warranties and representations in entering into this Contract, that: (a) the Participant has every intention to complete the Return of Service in full and has no knowledge of any material fact or matter not disclosed to the Province that might prevent the Participant from completing the Return of Service in full as contemplated by this Agreement; (b) the Participant accepts and acknowledges that the Province will suffer losses if the Practitioner does not complete the Return of Service in full; and (c) the Participant accepts and acknowledges that the Repayment Amount is a reasonable pre-estimation of the losses that the Province will suffer if the Practitioner does not complete the Return of Service in full. 4.5 Within 30 days following the Contract termination referred to in Article 4.1, the Participant shall pay to the Province the Repayment Amount, including any interest, in full. If the Participant fails to pay the full amount owing by this date, the Province may refer the matter to any other person or entity, for the purpose of collection. 4.6 The Province may forgive some or all of the Repayment Amount, including any interest, if: (a) the Participant becomes gravely ill and is unable to complete his or her contractual obligations or dies before completing his/her obligations under this Contract, or (b) the Participant fails to pass the Centralized Assessment or the Clinical Field Assessment after exhausting all available attempts.

Repayment on Termination. Initial here 4.1 In the event that this Contract is terminated for any reason reason, other than in accordance with Article 17.8, before the Participant has completed the Fellowship and the Return of Service in full, the Participant will pay to the Province the corresponding sum amount set out in below that corresponds to the table below (the “Repayment Amount”)Participant’s area of practice, plus any interest incurred on that amount from the date the Participant first signed this Contract.Contract (the “Repayment Amount”): Anesthesiology: $477,024 4.2 The interest referred to in Article 4.1 will be at the prime rate as it is announced from time to time by the Canadian Imperial Bank of Commerce on Canadian dollar commercial loans. 4.3 The Parties agree that the Repayment Amount is a reasonable pre- estimation of the damages that the Province will suffer in the event that the Contract is terminated before the Participant has completed the Return of Service in full, recognizing that: (a) it It will cost the Province at least the amount set out in Table 1 below that corresponds to fund the Participant’s Fellowship; (b) It will cost the Province approximately $8,000 to administer the Participant’s placement in the community; (b) it will cost the Province at least $70,000 to fund the Participant’s placement in the Practice Ready Assessment-BC Program; (c) a A replacement Participant participant will likely be required for the Return of Service community in the event the Participant does not complete the Return of Service, in which case it will cost and the Province at least $78,000 will have to pay the amounts referred to in (a) and (b) above to educate and to administer that the placement of the replacement and to fund the replacement’s Practice Ready Assessment-BC Program enrolmentParticipant; (d) it It takes approximately at least one year to fill a family practice vacancy in an average community of need in British Columbia, Columbia and can take much longer in some communities. There will be added costs for the Province to ensure that comparable services are provided in the Return of Service community during this time period, and such costs are can be difficult to quantifyidentify; (e) by By completing the Practice Ready Assessment-BC ProgramFellowship, the Participant will become eligible to practice medicine in British Columbia, and to xxxx the Medical Services Plan (MSP) for the provision of health servicesprovide Government Funded Health Services. If the Participant does not complete the Return of Service in full in the identified Return of Service Communitycommunity, the Participant will be in breach of this Agreement. Any health services Government Funded Health Services that the Participant provides elsewhere in British Columbia in breach of this Agreement, including any MSP xxxxxxxx in relation to those health services, Agreement will give rise to further damages, costs costs, and expenses to the governmentProvince, flowing from the Participant’s breach of this Agreement. The Province has calculated that, in the 20132017-2014 18 fiscal year, year the average annual MSP xxxxxxxx income per full time equivalent (FTE) for anesthesiologists with a family practitioner in an average rural community return of need is approximately $222,000.services are as follows: TABLE 1: Costs Associated with Anesthesiology Breach of Contract 4.4 As of the date of first signing this Contract, the Participant warrants and represents to the Province, and acknowledges and confirms that the Province is relying upon such warranties and representations in entering into this Contract, that: Within thirty (a30) the Participant has every intention to complete the Return of Service in full and has no knowledge of any material fact or matter not disclosed to the Province that might prevent the Participant from completing the Return of Service in full as contemplated by this Agreement; (b) the Participant accepts and acknowledges that the Province will suffer losses if the Practitioner does not complete the Return of Service in full; and (c) the Participant accepts and acknowledges that the Repayment Amount is a reasonable pre-estimation of the losses that the Province will suffer if the Practitioner does not complete the Return of Service in full. 4.5 Within 30 days following the Contract termination referred to in Article 4.1, the Participant shall pay to the Province the Repayment Amount, including any interest, Amount in full. If the Participant fails to pay the full amount owing by this date, the Province may refer the matter to any other person or entity, for the purpose of collection. 4.6 4.5 The Province may forgive some or all of the Repayment Amount, including any interest, Amount if: (a) before completing the Return of Service, the Participant dies or becomes gravely ill and such that Participant is unable no longer able to complete his or her contractual obligations or dies practice medicine, or (b) before completing his/her obligations under breaching any term of this Contract, the Participant first requests compassionate consideration pursuant to Article 4.6 and the Province approves that request. 4.6 The Participant may request compassionate consideration from the Province if, after the execution of this Contract, there is a material change in Participant’s circumstances such that completing the Return of Service will cause the Participant undue hardship. The Province will determine, in its sole and absolute discretion, whether or not to approve a request for compassionate consideration. Without limiting the generality of the foregoing, approval will not be granted if the Province is of the opinion that: (a) the request relates to a pre-existing circumstance that was not disclosed to the Province in writing as required under Article 6.1(b), or (b) the Participant fails request is for reconsideration of a prior request for compassionate consideration and there has been no material change in Participant’s circumstance to pass the Centralized Assessment or the Clinical Field Assessment after exhausting all available attemptswarrant reconsideration.