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13. ASSIGNMENT <br />The experience, knowledge, capability and reputation of Provider were a substantial <br />inducement for City to enter into this Agreement. Therefore, except for substitutes listed in Exhibit <br />A, Provider may not assign, transfer, delegate, or subcontract any interest herein without the prior <br />written consent of the City and any such assignment, transfer, delegation or subcontract without <br />the City's prior written consent shall be considered null and void. <br />14. TERMINATION <br />a. This Agreement may be terminated by the City immediately pursuant to any federal, <br />state, county or local health order making it impossible to hold classes. For any other reason, this <br />Agreement may be terminated by City upon thirty (30) days written notice of termination. In such <br />event, Provider shall be entitled to receive, and City shall pay Provider, compensation for all <br />services rendered prior to the effective date of termination. <br />b. Termination or cancellation of classes by the Provider outside of Section 14(a). must be <br />given to the City at least thirty (30) days prior to termination/cancellation. Failure to provide <br />adequate cancellation notice to the City may put future contracting of business with the City at risk <br />and will result in the City's retention of ten (10%) percent of the final payment to Provider. <br />15. WAIVER <br />No waiver of breach, failure of any condition, or any right or remedy contained in or <br />granted by the provisions of this Agreement shall be effective unless it is in writing and signed by <br />the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or <br />remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not <br />similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. <br />16. RECORDS <br />Provider shall use attendance sheets generated and supplied by the City to record <br />attendance in each class. Provider shall keep these and any other records in connection with the <br />work to be performed under this Agreement and shall permit City, upon request, to review such <br />records for a period of three (3) years from the date of final payment to Provider under this <br />Agreement. <br />17. NON-DISCRIMINATION <br />Provider shall not discriminate because of race, color, creed, religion, sex, marital status, <br />sexual orientation, gender identity, gender expression, gender, medical conditions, genetic <br />information, or military and veteran status, age, national origin, ancestry, or disability, as defined <br />and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, <br />promotion, termination or other employment related activities or any services provided under this <br />Agreement. Provider affirms that it is an equal opportunity employer and shall comply with all <br />applicable federal, state and local laws and regulations. <br />Page 8 of 10 <br />