Tuition Reimbursement Agreement

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Tuition Reimbursement Agreement

This Tuition Reimbursement Agreement is made on ______________ by and between,

________________ (“Employee”) and ___________________ ("Employer").

Where as Employee is an employee of the Employer, and in order to upgrade the skills of the Employee, the Employee has applied for and has been accepted into the _________________ (“Course of Study”) at ______________________ (“Program”) beginning on ___________________ and ending on ______________________.

The Employer agrees as follows:

1. Tuition Repayment. Employer agrees to pay the tuition directly for the Course as long as the Employee is in Employ of the Employer.

2. Repayment Event. Upon the occurrence of any of the following events ("Repayment Event"):

(a) Employment of the Employee at Employer terminates prior to the completion of the Program for any reason whatsoever, including resignation by Employee, or dismissal by Employer with or without cause; or

(b) Employee does not satisfactorily complete any portion of Course, or withdraws from or is expelled from Program, Employer's obligation to make any further Tuition Payments shall immediately cease, and Employee shall, at the Employer's option, repay to the Employer all Tuition Payments reimbursed by the Employer up to that point in time.

3. Set-Off. The Employee authorizes and directs Employer to set-off any and all amounts owing to Employer under this Agreement against any amount owing by the Employer to the Employee, including but not limited to salary, wages, bonuses, commissions, vacation pay, termination pay and severance pay, but not including an expense reports.

4. Indemnity. The Employee hereby indemnifies and saves harmless the Employer from and against any and all suits, claims, actions, damages and other losses which the Employer suffers or incurs as a result of any governmental taxing authority assessing the reimbursement of the Tuition Payments hereunder as a benefit to the Employee.

5. Notices.

Any notice required by this Agreement or given in connection with it, shall be in writing and shall be given to the appropriate party by personal delivery or a recognized over night delivery service such as FedEx.

If to the Employee: _____________________________________________________.

If to the Employer: ______________________________________________________.

6. No Waiver.

The waiver or failure of either party to exercise in any respect any right provided in this agreement shall not be deemed a waiver of any other right or remedy to which the party may be entitled.

7. Entirety of Agreement.

The terms and conditions set forth herein constitute the entire agreement between the parties and supersede any communications or previous agreements with respect to the subject matter of this Agreement. There are no written or oral understandings directly or indirectly related to this Agreement that are not set forth herein. No change can be made to this Agreement other than in writing and signed by both parties.

8. Governing Law.

This Agreement shall be construed and enforced according to the laws of the State of ____________________ and any dispute under this Agreement must be brought in this venue and no other.

9. Headings in this Agreement

The headings in this Agreement are for convenience only, confirm no rights or obligations in either party, and do not alter any terms of this Agreement.

10. Severability.

If any term of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then this Agreement, including all of the remaining terms, will remain in full force and effect as if such invalid or unenforceable term had never been included.

In Witness whereof, the parties have executed this Agreement as of the date first written above.

_________________________ _______________________

Employee Employer

___________________

Date