Contrastación de hipótesis

fULL-TIME WORk COMMITMENT AgREEMENT

AgREEMENT, dated as of the ____ day of _________________, 20___, by and between HealthSouth Corporation, a delaware corporation, and/or any subsidiary, affiliate, partner or other related business entity (together, “HealthSouth”), and _______________________________, an individual resident of the State of ________________ (the “Applicant”).

W I T N E S S E T H:

WHEREAS, HealthSouth is engaged in the business of operating comprehensive inpatient rehabili- tation facilities and other rehabilitation businesses on a nationwide basis;

WHEREAS, the Applicant is (or has been accepted to be) a student at _______________________ ___________ (the “School”), enrolled in its _____________________________ program (the “Program”);

WHEREAS, following graduation, the Applicant desires to work for HealthSouth; and

WHEREAS, HealthSouth desires to loan the Applicant money for use for certain educational expenses associated with the tuition as a student in the School’s Program, subject to all terms and conditions herein, with the anticipation that HealthSouth may offer the Applicant employment (or continued employment) following graduation from the School.

NOW, THEREfORE, in consideration of the payments made by HealthSouth to the Applicant, the mutual promises and covenants herein contained and other good and valuable consideration, the receipt, adequacy and sufficiency of which are hereby acknowledged, HealthSouth and the Applicant hereby agree as follows:

1. Loan for Educational Purpose. Upon the necessary approval and execution by all parties of this Agreement, HealthSouth agrees to loan $__________________ to the Applicant pursuant to that certain promissory note, of even date herewith (the “Promissory Note”). Such loan proceeds shall be used by the Applicant only for tuition and similar educational expenses, all of which are required to be, and have been, pre-authorized by HealthSouth. The Applicant agrees to deliver to HealthSouth written proof of the Applicant’s acceptance and/or enrollment in the School’s Program prior to receiving the monies described herein or at any time upon request.

2. Loan Forgiveness. So long as all other terms and conditions of this Agreement are met and so long as the Applicant is offered, accepts and thereafter maintains full time employment (as defined below) with HealthSouth throughout the Commitment Period (as defined below), HealthSouth shall forgive all amounts due from the Applicant pursuant to the Promissory Note. full time employment shall mean that the Applicant works an average of 36 hours per week. Approved paid holiday absences and approved PTO absences are considered hours worked for purposes of this Agreement.

If such employment is offered, the Applicant commits to work for HealthSouth on a full time basis a total of ______ hours measured forward from the first day of employment after successfully completing the Program (the Commitment Period). Any hours worked before the date of successful completion of the Program do not count towards fulfillment of the Commitment Period.

An Applicant who fails to complete at least one half of the Commitment Period required to pay off the loan shall reimburse HealthSouth in an amount equal to the Promissory Note plus interest at a rate determined by HealthSouth. An Applicant who has worked greater than one half of the hours required by the

If a full time Applicant decreases the number of hours worked such that the required hours are not met, the Applicant will be in default of the loan unless HealthSouth, in order to meet a business need, approves the transfer of such Applicant to a part time or per diem position in advance of such default. In the event of such an approved transfer from a full time to a part time or per diem position, the remaining balance of the number of hours required to satisfy the Commitment Period defined above must still be worked in order to satisfy the requirements of the loan. In such instance, HealthSouth may require that an addendum to this Agreement be executed setting forth the number of required hours per week (as determined by HealthSouth) and the remaining number of hours required to be worked in order to satisfy the loan. Nothing in this Agreement shall be construed as a guarantee of employment from HealthSouth or a guarantee of any number of working hours even if employed.

3. Tax Consequences of Loan Forgiveness. The Applicant acknowledges that any forgiveness of the loan amount will be considered income to the Applicant for which the Applicant may owe taxes, and HealthSouth shall report such forgiveness as income to the Applicant to all appropriate federal, state and local taxing authorities. The Applicant agrees to pay all taxes due on such forgiveness income and to indemnify HealthSouth from any and all liability, including reasonable attorneys’ fees, resulting from the Applicant’s failure to pay any such taxes. HealthSouth shall have the right to withhold amounts from the Applicant’s salary or wages to pay such taxes.

4. Obligation to Pay. The Applicant acknowledges that the Applicant is obligated to pay all amounts due under the Promissory Note if, at any time, the Applicant fails to meet any of the terms and conditions contained in this Agreement and Promissory Note, and that HealthSouth’s agreements not to require payment of the Promissory Note or to forgive indebtedness due pursuant to the Promissory Note, are strictly limited to the exact terms and conditions contained in this Agreement.

Notwithstanding anything else to the contrary contained in this Agreement or the Promissory Note, and without otherwise limiting HealthSouth’s rights to require payment of all amounts due under the Promis- sory Note as set forth in this Agreement, HealthSouth shall have the right to require immediate payment of all amounts due under the Promissory Note if the Applicant: (a) fails to maintain, and/or to provide HealthSouth with satisfactory evidence (such as a certified transcript) of, a grade point average grade of 2.5/4.0 or better (or, in the case of pass/fail classes, maintain and/or provide written evidence of passing grades); (b) fails to diligently and continuously pursue studies in the Program on a full-time or part-time basis at the School; (c) fails to successfully complete the Program for which the loan has been issued and/or fails to provide satisfactory proof of such completion (such as a certified transcript or diploma) (d) fails to be offered employment (or continued employment) by HealthSouth, fails to pass HealthSouth’s employment screening process, and /or fails to obtain any required licenses necessary for the position at issue; (e) fails to begin and/or continue employment with HealthSouth pursuant to Sections 2 and herein; or (f) terminates his or her employment with HealthSouth, or is terminated by HealthSouth for any reason other than a lay-off or hospital closure.

Notwithstanding anything to the contrary contained herein or in the Promissory Note, HealthSouth and Applicant agree that HealthSouth shall have the right to withhold, offset or retain amounts due the Applicant, as salary, wage or otherwise, to satisfy any debts due HealthSouth from the Applicant.

5. Notices. Any notice required or permitted hereunder shall be deemed to have been duly given or made if hand delivered or delivered by overnight courier, or certified mail, return receipt requested, charges prepaid and properly addressed, to the respective party to whom such notice relates at the

following address: If to HealthSouth: ___________________________________ ___________________________________ ___________________________________ Attention: __________________________ or such other address as HealthSouth may provide;

If to the Applicant:

__________________________________ __________________________________ __________________________________

or, during the term of the Applicant’s employment by HealthSouth, at the HealthSouth hospital at which the Applicant is employed.

6. Jurisdiction and Venue. This Agreement and the Promissory Note will be construed and enforced under the laws of the State of Alabama without giving effect to any conflict-of-laws principles and without regard to the Applicant’s state of residence. Applicant also specifically agrees and consents to jurisdiction and venue in Alabama, agrees that Alabama has appropriate personal and subject matter jurisdiction over the Applicant and submits thereto, agrees that Alabama is a proper venue for any ac- tion to enforce this Agreement and waives any defense of improper venue or lack of jurisdiction related thereto. Applicant agrees and understands that any litigation resulting from the breach of the terms and conditions of this Agreement and/or the Promissory Note by the Applicant or HealthSouth or any litiga- tion brought to enforce this Agreement and/or the Promissory Note by any party shall be litigated only in the State of Alabama, which Applicant agrees shall be the sole forum and venue for any such litigation. Notwithstanding the above, any judgment arising out of litigation in Alabama based on this Agreement and/or Promissory Note may be enforced or domesticated in any appropriate court in any other appro- priate state if necessary to enforce or collect on said judgment.

7. Entire Agreement. This Agreement and the Promissory Note embody the entire agreement between the parties and supercede all prior agreements, oral or written, or subsequent agreements not in writing and signed by the Applicant and a duly authorized officer of HealthSouth. This Agreement and/or Promissory Note also supercede all other communications between the parties relating to the subject matter of this Agreement. Neither this Agreement nor the Promissory Note shall be modified or amended except by mutual written agreement signed by the Applicant and a duly authorized officer of HealthSouth.

8. No Waiver. The Applicant agrees and understands that HealthSouth’s failure to enforce any of the terms or conditions herein or to exercise any right or privilege, or HealthSouth’s waiver of any

9. No Additional Inducement. The Applicant declares and represents that no promise, inducement, or agreement not herein expressed has been made to Applicant and that the terms of this Agreement and the Promissory Note are contractual and not mere recitals.

10. No Rule of Construction. The parties acknowledge that this Agreement and the Promis- sory

Note were initially prepared by HealthSouth solely as a convenience and that the parties have cooperated in the negotiation, drafting, and preparation of this Agreement and the Promissory Note. All parties have read, fully understand, and have had the availability of negotiation of this Agreement, the Promissory Note and their terms. Hence, no rule of construction shall apply to this Agreement or the Promissory Note and it shall not be construed against any party on the basis of authorship.

11. No Assignability. The Applicant agrees and understands that this Agreement and the Promissory Note are exclusive to the Applicant and may not be assigned by the Applicant to any other person or entity.

12. Incorporation of Laws. The parties hereby incorporate herein any provision required by federal, state or local law to make this Agreement and/or the Promissory Note valid and enforceable in accordance with their terms.

13. Understanding of Terms. The parties represent and warrant that they have read the fore- going Agreement and the Promissory Note in their entirety and fully understand and agree to all of their terms.

IN WITNESS WHEREOf, the parties hereto have executed this Agreement as of the day and year first above written.

HEALTHSOUTH: Hospital Name: _____________________ by:________________________________ CEO STUdENT: ___________________________________ Signature ___________________________________ Printed Name

Sometimes, the biggest IS the best!

HealthSouth is in the business of helping patients with illness or injury to achieve the best possible outcomes. As the nation’s largest provider of physical rehabilitation services, we’ve learned a few things about taking care of our clinicians.

As a HealthSouth therapist you will experience:

• Fantastic work environments: We have spacious and functional work areas designed for patients and clinicians. • Rehabilitation technology: We lead the industry in cutting-edge technology including robotics, biofeedback, and functional electric stimulation systems.

• HealthSouth clinical education: We offer over 50 HealthSouth courses at no cost to our employees on topics YOU recommend. In addition, HealthSouth web-based education and on-line instruction modules provide numerous options for increasing your therapy knowledge and competency.

• Additional continuing education: HealthSouth allocates continuing education funds for our therapists to support additional educational opportunities.

• Evidence-based practice: We utilize evidence and outcomes to continually assess and improve our interventions and programs.

• Physician collaboration: Our medical directors and physicians are passionate about rehabilitation. They under- stand and respect therapists’ expertise.

• Therapy clinical ladder and professional leadership stipend: Continuing education and clinical expertise is recognized and financially rewarded through an innovative clinical ladder. Additionally, innovative program leadership is rewarded through stipends for professional license fees, professional membership and clinical education.

• Advanced communication tools: Clinicians at our hospitals can communicate instantly, query others, and share best practices through advanced software applications.

• Patient outcomes: We participate in a national outcomes database, which provides benchmarks and sophisti- cated outcome reports to help us continually analyze and improve our patient outcomes.

• Patient experience: We utilize an independent national surveyor to query our patients on every aspect of their HealthSouth experience, and we compare our patients’ perception to industry benchmarks.

• Leadership: We strive to provide strong leadership and training. We offer:

- Mentorship

- Promotional opportunities

• Work/life balance: Our benefits package helps you balance your career with your family and social life.

• Benefits: We strive to provide benefit plan options that allow employees to customize the plans to best suit their needs, as well as, the needs of their families. Our comprehensive benefit plans provide the insurance protection, savings opportunities and flexibility that our employees desire.

for more information on how to become a HealthSouth therapist, please call 800 765-4772, visit our website, healthsouth.com or email [email protected].

A Higher Level of Care