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equipment, then the City has the first right to purchase it and Instructor <br />shall tender an offer to sell prior to termination. Upon termination, the <br />Instructor is prohibited and enjoined from leasing or selling the said <br />equipment to any third party without first offering it for sale to the City. If <br />the City and the Instructor cannot agree upon a sale price, then the fair <br />market value of the equipment shall be determined by a qualified appraiser <br />selected by the City and such price, determined by using any reasonable <br />method by the appraiser, shall be binding. The City is under no obligation to <br />exercise its right to purchase and may waive for any reason. <br />Notwithstanding anything in this agreement to the contrary, <br />Instructor has the option to terminate this agreement upon sixty (60) days <br />written notice to the City, with or without cause, at no cost to Instructor. In <br />case of termination or breach without Sixty (60) days notice, the City shall <br />retain Five Hundred ($500.00) Dollars due to Instructor as liquidated <br />damages for breach of contract. <br />Section VIII <br />Commitments Binding upon City Only <br />If Written Consent Given <br />Anything contained in this agreement to the contrary <br />notwithstanding, it is understood and agreed that Instructor shall not have <br />the right to make any contracts or commitments for or on behalf of the City <br />without the written consent of the City. <br />Section IX <br />Contract Terms To Be Exclusive <br />This written agreement contains the sole and entire agreement <br />between the parties and shall supersede any and all other agreements <br />between the parties. The parties acknowledge and agree that neither of them <br />has made any representation with respect to the subject matter of this <br />agreement or any representations inducing its execution and delivery except <br />such representations as are specifically set forth in this writing and the <br />parties acknowledge that they have relied on their own judgment in entering <br />into the same. The parties further acknowledge that any statements or <br />representations that may have been made by either of them to the other are <br />void and of no effect and that neither of them has relief on such statements or <br />representations in connection with its dealings with the other. <br />Section X <br />Waiver or Modification Ineffective <br />Unless in Writing <br />It is agreed that no waiver or modification of this agreement or of any <br />covenant, condition, or limitation contained in it shall be valid unless it is in <br />writing and duly executed by the party to be charged with it, and that no <br />evidence of any waiver or modification shall be offered or received in <br />