|
To Provider: Bertha Jauregui
<br />2422 S. Sheldon St.
<br />Santa Ana, CA 92707
<br />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
<br />addressed asset forth above, If sent by telefacsimile, commmmication shall be effective or
<br />deemed to have been given twenty-four (24) hours after the time set forth on the transmission
<br />report issued by the transmitting facsimile machine, addressed as set forth above. For purposes
<br />of calculating these time frames, weekends, federal, state, County or City holidays shall be
<br />excluded.
<br />10. EXCLUSIVITY AND AMENDMENT
<br />This Agreement represents the complete and exclusive statement between the City and, -
<br />Provider, and supersedes any and all other agreements, oral or written, between the parties. In
<br />the event of a conflict between the terms of this Agreement and any attachments hereto, the
<br />terms of this Agreement shall prevail. This Agreement may not be modified except by written
<br />instrument signed by the City and by an authorized representative of Provider. The parties agree
<br />that any terms or conditions of any purchase order or other instrument that are inconsistent with,
<br />or in addition to, the terms and conditions hereof, shall not bind or obligate .Provider or the City.
<br />Each party to this Agreement acknowledges that no representations, inducements, promises or
<br />agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any
<br />party, which is not embodied herein.
<br />11. 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 not 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
<br />consent shall be considered null and void. Provider must personally teach at least seventy-five
<br />percent (75%) of i,ts offered classes.
<br />b. Substitutes. In the event Provider is not able to teach a class due to illness or some
<br />other cause beyond Provider's reasonable control, Provider must procure, at its sole expense, a
<br />qualified substitute instructor to teach the class at its regular time and place, Provider shall
<br />ensure that substitute instructors comply with the City's insurance and live scan rcquirements
<br />contained herein. Provider must immediately notify the City of the substitute instructor's name,
<br />qualifications, address and phone number, If Provider cannot procure a qualified substitute and
<br />the City is unable to assist in this regard, then the class shall be canceled and a make-up class
<br />must be added to the session. Provider must notify participants as soon as possible of any class
<br />cancellation and make-up class.
<br />12, TERMINATION
<br />This Agreement may be terminated by the City upon thirty (30) days written notice of
<br />termination. Termination or cancellation of classes by the Provider must be given to the City at
<br />4
<br />
|