Tuesday, 5 May 2015

Negotiated Agreement

DR. RICHARD SINGSON
Members/the negotiating team
Director:  Catherine/Asingwire.
Human resource manager: Mr. Benoit
Expert in health management system: Mr. Theophile
Marketing officer: Madam Janne
Legal Advisor: Jean de Dieu
Interests of the parties
Shared interests.
Professional success
Making money
Safety and security of the parties
Interest in staying in the same town.
DR. SINGSONs interests
Keeping the doctor WHITTAMORE in the clinic
Enforcing the non-competition clause to the contract.
keeping clients
Enforcement of the penalty clause that is 100% of the remaining two years on the employment contract.
Maintaining daily revenues.

Team for DR. WHITTAMORE
Mr. Whittamore (Pediatrician)
Dentist (Robert)
Pharmacist (Prosecutor Janvier)
Whittamores Lawyer (Prosecutor Minani)
Chemist (Judge Felisie)
Interests of the parties
Shared
Professional success
Earning a living
Safety and security
Operating and staying in the same town
Whittamore
Leaving Fairview clinic
Opening a competing business in the same town
Non enforcement of non-competition clause
Non enforcement of penalty of 100%
Leaving for the benefit of the clinic
Living with the children
Opposed interests
Fairview
Keeping Whittamore at the clinic
Enforcement of non-competition clause
Maintaining patients/clients
Enforcement of penalty of 100% for breach of contract
Maintaining daily revenues
Whittamore
Leaving Fairview clinic
Opening a competing business in the same town
Non enforcement of non-competition clause
Non enforcement of penalty of 100%
Leaving for the benefit of the clinic
Living with the children
Options for Mutual gains
Mr. Whittamore suggested leaving Fairview and open up another clinic in the same town, however Singson stated that opening up the clinic would lead to breach of contract which attracts penalties as provided there in. However, both parties agreed that for the benefit of maintaining a good relationship they can become share holders in the same new clinic opened such that the interests of both parties are catered for.


NEGOTIATION AGREEMENT
This agreement is made on the 3rd day of April, 2015 by Dr. Andrew Whittamore an employee (Pediatrician) at Fairview Clinic and Dr. Richard Singson the owner of the clinic
Whereas Dr. Andrew Whittamore and Dr. Richard Singson are in conflict of interests
Whereas Dr. Andrew Whittamore wants to leave Fairview clinic before the expiration of his contract and establish his own private medical clinic in the same town
Whereas Dr. Richard Singson wants to keep Dr. Andrew Whittamore at his clinic due to the none competition clause in his employment contract
Whereas Dr. Richard Singson desires to enforce a 100% penalty for breach of contract as per the employment contract
Article 1
Dr. Andrew Whittamore was supposed to work for Dr. Richard Singson at Fairview clinic for a payment (salary) on monthly basis.
Article 2
Dr. Andrew Whittamore is allowed to leave Fairview clinic and establish the same business in the same town
Dr. Richard Singson is entitled to invest 50% shares in the new business (clinic) opened by Dr. Andrew Whittamore
No penalty as earlier agreed in the contract of employment will be enforced on Dr. Andrew Whittamore by Dr. Richard Singson for leave of the clinic before expiry of the contract
Dr. Andrew Whittamore and Dr. Richard Singson will manage the new clinic as a joint venture
Dr. Andrew Whittamore is free to live in the same town and look after his children
Dr. Andrew Whittamore and Dr. Richard Singson must receive profits from the new clinic in equal shares annually
Article 3
Dr. Richard Singson must not enforce the none competition clause against Dr. Andrew Whittamore
Dr. Richard Singson must not enforce the 100% penalty on Dr. Whittamore when he leaves the clinic before the expiration of his contract of employment
Dr. Richard Singson must pay 50% start capital of 100,000,000 million Rwandan Francs equal to 50,000,000 million Rwandan Francs within 6 months starting from the date of signature
Dr. Andrew Whittamore pay 50% start capital of 100,000,000 million Rwandan Francs equal  to 50,000,000 million Rwandan Francs within 6 months starting from the date of signature
Failure to pay the start capital in time will lead loss of all rights as a share holder
Dr. Andrew Whittamore must make sure that the conflict between him and his wife does not affect the new business
Dr. Andrew Whittamore must help Fairview clinic in finding another pediatrician to replace him.
Article 4
Both parties must observe the terms of this agreement and in case of any breach the dispute will be settled in mediation
In case of a dispute arising out of this agreement each party must appoint one (1), a qualified doctor of 10 years standing to act as a mediator.
In case the mediation fails the parties must refer the dispute to court
Article 5
This agreement is governed by Rwandan Law
Article 6
The original/genuine version of this agreement is in English

SIGNED by the parties on the 6th day of April 2015

……………………………….                                                          ……………………………….
Dr. Andrew Whittamore  Pediatrician                 Dr. Richard Singson  Owner of Fairview

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