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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, Provider may not assign, transfer,
<br /> delegate, or subcontract any interest hcrcin without the prior written consent of the City and any
<br /> such assignment, transfer, delegation or subcontract without the City's prior written consent shall
<br /> 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 related to or regarding COVID-19 making it impossible to hold
<br /> classes. For any other reason, this Agreement may be terminated by City upon thirty (30) days
<br /> written notice of termination. In such event, Provider shall be entitled to receive, and City shall
<br /> pay Provider, compensation for all services rendered prior to the effective date of termination.
<br /> b. Termination or cancellation of classes by the Provider outside of Section I Lb. 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.
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