Laserfiche WebLink
A party may change its address by giving notice in writing to the other party. Thereafter, <br />any communication shall be addressed and transmitted to the new address. If sent by mail, <br />communication shall be effective or deemed to have been given three (3) days after it has been <br />deposited in the United states mail, duly registered or certified, with postage prepaid, and addressed <br />,is set forth above. If sent by facsimile, communication shall be effective or deemed to have been <br />given twenty-four (24) hours after the time set forth on the transmission report issried by the <br />transmitting facsimile machine, addressed as set forth above_ For purposes of calculating these time <br />frames, weekends, federal, state, County or City holidays shall be excluded. <br />10. EXCLUSIVITY AND AAIENDM ,NT <br />This Agreement represents the corrrplete and exclusive statement between the City and <br />Provider, and supersedes any and all other agreements, oral or written, between the parties. hr the <br />event of a conflict between the toting of this Agreement and any attachments hereto, the tetras of <br />this Agreement shall prevail. This Agreement tray not be modified except by written instrument <br />signed by the City and by an authorized representative of Provider. The parties agree that any terms <br />or conditions of any purchase order or other instrument that. are inconsistent with, or in addition to, <br />the terms and conditions 'hereof, shall not bind or obligate Provider or the City. Each party to this <br />Agreement acknowledges that no representations, inducements, promises or agreements, orally or <br />otherwise, have been made by any party, or anyone acting on behalf of any patty, which is not <br />embodied herein. <br />It, ASSIGNMENT/SUBSTITUTES <br />a. Assignment, The experience, knowledge, capability and reputation of Provider were a <br />substantial inducement for City to enter into this Agreement. Therefore, Provider may riot assign, <br />transfer, delegate, or subcontract any interest herein without the prior written consent of the City <br />and any such assignment, transfer, delegation or subcontract without. the City's prior written consent <br />shall be considered null and void. Provider trust personally teach at least seventy-five percent. <br />(75`lo) of its offered classes. <br />b. Substitutes, In the event Provider is not able to teach a class due to illness or some other <br />cause beyond Provider's reasonable control, Provider must procure, at its sole expense, a -qualified <br />substitute instructor to teach the class at its regular time and place. Provider, shall ensure that <br />substitute instructors comply with the City's insurance and live scan requirements contained herein. <br />Provider must immediately notify the City of the substitute instructor's name, qualifications, <br />address and phone number, If Provider cannot pprocure a qualified 'substitute and the City is rumble <br />to assist in this regard, then the class shall be canceled and a snake -up class must be added to the <br />session, Provider must notify participants as soon as possible of any class cancellation and make-up <br />class. <br />12. TERMINATION <br />This Agreement may be terminated by the City upon thirty (30) days written notice of <br />tertininati'.on. Termination or cancellation of classes by the Provider must be given to the City at least <br />thirty (30) clays prior to ternimation/cancellation. Failure to provide adequate cancellation notice to <br />the City may put future contracting of business with the City at risk and will result in the City's <br />retention of (10%) percent of the final payment to Provider. <br />