CHAUTAUQUA AIRLINES, INC.
PILOT TRAINING REIMBURSEMENT AGREEMENT
This Training Reimbursement Agreement (“Agreement”), is entered into by and between Chautauqua Airlines, Inc. (“Chautauqua”) and _________________ (“Pilot Candidate”).
RECITALS:
WHEREAS, Pilot Candidate is being considered for training and, if that training is successfully completed, for employment with Chautauqua as a cockpit crewmember; and
WHEREAS, Chautauqua is prepared to expend large sums of money and invest considerable amounts of time to train and qualify Pilot Candidate to operate as a cockpit crew member; and
WHEREAS, Pilot Candidate recognizes that the training will enhance the aeronautical skills and techniques of Pilot Candidate; and
WHEREAS, Pilot Candidate and Chautauqua acknowledge and agree that the cost of the training to be provided to Pilot Candidate under this Agreement is $15,000.
NOW THEREFORE, Chautauqua and Pilot Candidate, in consideration of the covenants and agreements contained herein and in further consideration of the benefits and advantages flowing from each to the other, covenant and agree as follows:
1.
Chautauqua shall advance the cost of training ($15,000) to qualify Pilot Candidate to operate the _______________ (Equipment) as __________________ (Position).
2.
Chautauqua is entitled to a reasonable return on its investment in Pilot Candidate’s training. Chautauqua will not realize a reasonable return on its investment in the training provided to Pilot Candidate under this Agreement unless Pilot Candidate successfully completes the training and continues to operate the aircraft in revenue service for a reasonable period of time. Therefore, if Pilot Candidate: (1) fails to successfully complete the training provided by Chautauqua and fails to leave Chautauqua in good standing, as determined by Chautauqua in its sole discretion; or (2) resigns, or otherwise voluntarily terminates employment with Chautauqua; or, (3) is discharged prior to completing two (2) years of active service with Chautauqua (measured from the completion of his first successful 14 C.F.R. §121.441 proficiency check (“completion date”), Pilot Candidate shall repay Chautauqua the sum of $15,000, in cash, upon the date of termination, reduced by one-twenty fourth (1/24) of such cash amount for each full month of Pilot Candidate’s active service with Chautauqua following his completion date. Effective March 1, 2007, any pilot who leaves employment of Chautauqua to begin employment with a current partner of Republic Airways prior to this two-year agreement shall have this contract considered null and void.
3.
Contemporaneous with signing this Agreement, Pilot Candidate shall execute the Promissory Note attached to this Agreement as Attachment A.
4.
Pilot Candidate expressly authorizes Chautauqua to withhold all or part of any sums due under this Agreement from Pilot Candidate’s final paycheck and/or per diem check to the extent permitted by applicable law, and any remaining outstanding balance will be due on the date of termination and will be paid by Pilot Candidate on the date of termination. Pilot Candidate understands and agrees that the assignment of wages set forth in this Paragraph 4 is revocable by Pilot Candidate at any time upon written notice to Chautauqua. However, such notice to revoke assignment of wages shall not eliminate any obligation to pay all sums due to Chautauqua, including, but not limited to, those set forth in the Promissory Note (Exhibit A). Pilot Candidate shall pay Chautauqua its costs of attorney fees and collection fees incurred in connection with its collection of the outstanding balance, together with interest thereon, to the extent permitted by applicable law.
5.
The two (2) year active service period following the completion date described in paragraph 2 above shall include any period of involuntary furlough, provided that Pilot Candidate returns to a pilot position designated by Chautauqua when recalled. If Pilot Candidate fails to return to work when recalled, he will be responsible for training costs as if he had voluntary resigned on the date he was first furloughed. However, should Pilot Candidate resign, otherwise voluntarily terminate employment with Chautauqua or is discharged following his return from furlough, but prior to completing two (2) years of active service with Chautauqua following his completion date, the credit given under this paragraph shall be void and returned to Chautauqua.
6.
Pilot Candidate’s obligations under this Agreement will be extinguished if Chautauqua’s business is terminated or if the Pilot Candidate dies before the completion of the two (2) year of active service described in paragraph 2.
7.
Except as expressly provided herein, this Agreement does not alter any of the existing terms and conditions of Pilot Candidate’s employment with Chautauqua, either during the period of training or during any subsequent period of employment with Chautauqua. The existence of any claim that Pilot Candidate may have against Chautauqua based upon Pilot Candidate’s employment with Chautauqua shall not serve as a defense to the enforcement by Chautauqua of this Agreement.
8.
If this Agreement or any portion of it is held not to be enforceable under the law, the Agreement will be deemed to be modified only to the extent necessary to be enforceable under the law.
9.
This Agreement shall be interpreted under the laws of the State of Indiana and may be enforced in any court, state or federal, in Indiana. Any legal action on this Agreement will be heard in the courts of Indiana, and Pilot Candidate expressly consents to the jurisdiction of the Indiana courts, regardless of his state of residence at the time legal action is initiated.
10.
If Pilot Candidate should leave the employ of Chautauqua and repayment is invoked in accordance with paragraph 2 of this Agreement, then Chautauqua may elect to accelerate the unpaid balance of the principal and all accrued interest due and declare the same payable at once without notice or demand.
11.
This Agreement constitutes the entire understanding between the parties relating to the rights herein granted and the obligations assumed. Any oral representations or modifications of this instrument shall be of no effect unless they are in writing and signed by both parties.
12.
Any failure by Chautauqua to enforce any provision or obligation under this Agreement shall not constitute a waiver thereof, or serve as a bar to the subsequent enforcement of other provisions or obligations under this Agreement.
13.
Pilot Candidate will not be considered further as a candidate for the proposed training or subsequent employment until this Agreement is executed.
14.
This Agreement is not an employment contract and shall not be interpreted as a promise by Chautauqua to employ Pilot Candidate for any length of time.
15.
Masculine pronouns used herein shall include the feminine unless specifically provided for otherwise.
16.
By signature below, Pilot Candidate acknowledges that a photocopy and/or executed copy of this Agreement and the Promissory Note (Exhibit A) have been provided to him/her.
IN WITNESS WHEREOF, the parties hereto agree to be bound to the terms hereof as of the date of acceptance of this Agreement by all parties as indicated below.
_________________________ ___________________________________
Date Signature of Pilot Candidate
___________________________________
Printed Name of Pilot Candidate
CHAUTAUQUA AIRLINES, INC.
Date_________________________ By:_______________________________