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?.;..: <br />praperty interest by and through this agreement. In the event that Instructor does <br />not personally retain title to and use of the equipment, then the City has the first <br />right to purchase it and Instructor shall tender an offer to sell prior to termination. <br />Upon termination, the Instructor is prohibited and enjoined from leasing or selling <br />the said equipment to any third party without first offering it for sale to the City. <br />If the City and the Instructor cannot agree upon a sale price, then the fair market <br />value of the equipment sha11 be determined by a qualified appraiser selected by <br />the City and such price, determined by using any reasonable method by the <br />appraiser, shall be binding. The City is under no obligation to exercise its right to <br />purchase and may waive for any reason. <br />Notwithstanding anything in this agreement to the contrary, Instructor has <br />the option to terminate this agreement upon sixty (60) days written notice to the <br />City, with or without cause, at no cost to Instnxctor. In case of termination or <br />breach without Sixty (60) days notice, the City sha11 retain Five Hundred <br />($SOO.OQ) Dollars due to Instructor as liquidated 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 notwithstanding, it is <br />understood and agreed that Instructor shall not have the right to make any <br />contracts or commitments for or on behalf of the City without the written consent <br />of the City. <br />Section IX <br />Contract Terms To Be Egclusive <br />This written agreement contains the sole and entire agreement between the <br />parties and shall supersede any and all other agreements between the parties. The <br />parties acknowledge and agree that neither of them has made any reprasentation <br />with respect to the subject matter of this agreement or any representations <br />inducing its execution and delivery except such representations as are specifically <br />set forth in this writing and the parties acknowledge that they have relied on their <br />own judgment in entering into the same. The parties further acknowledge that <br />any statements or representations that may have been made by either of them to <br />the other are void and of no effect and that neither of them has relief on such <br />statements or 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 a,greement 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 evidence