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<br /> that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or i
<br /> obligate Provider or the City. Each party to this Agreement acknowledges that no representations,
<br /> inducements,promises or agreements,orally or otherwise,have been made by any party,or anyone i
<br /> acting on behalf of any party,which is not embodied herein.
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<br /> 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 HXbibit
<br /> A, Provider may not assign,transfer,delagate,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 /> E
<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 goner ted and supplied by the City to record E
<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 I
<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
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