A person who is placed in the residency program under this subpart, but who breaches any term of the contract under § 304A-1753, shall pay to the State damages of $10,000; provided that a contract shall not be deemed breached if the person has obtained a permanent license to practice medicine and surgery or osteopathy under chapter 453 but could not fulfill the requirements of section 304A-1753(3) and (4) because no employment vacancy existed in the correctional facilities of the department of corrections and rehabilitation or no shortage of physicians or osteopathic physicians existed in any rural community and the department of corrections and rehabilitation or the department of health, as applicable, certifies that no employment vacancy or shortage existed.