2002-207 Ordinance - Laserfiche WebLink

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perform her duties for a total period of sixty days, either consecutive or not. For the purposes of this agreement, the term "any year of the term of this agrcement" is defined to mean any period of 12 calendar monxhs commenc2ng on the first day of September and terniinating on the 31 st day of August of the following year during the term of this agreement. In the everrt that, for any reason, the Contract between the City and Instructor, is terminated, or not renewed for any reason, the Instructor shaU have an absolute right to remove any and a11 gyrnnastic eqpipment, as located in the second floor gyrn, with the exception of the floor exercise mat, as a consequcnce of having purchased the eqwpment or in which the Instructor has acquired a property urterest by and through this Agreement. In the everrt that Instructor does not personally retain title to and use of the equipmerrt, then the Crty has the first right to pwchase it and Instructor shall tender an ofier to sell prior to telmination. Upon termination, the Instructor is prohibited and enjoined from leasing or seUing the said equipment to any thu-d pariy without first offering it for sale to the City. If the City and the Instructor cannot agree upon a sale price, then the fair market value of the equipment shaU be determined by a qualified appraiser selected by the City and such price, determined by using any reasonable method by the appraiser, sha11 be binding. The City is under no obligation to exercise its right to puwchase and may waive for any reason. Section VI Option To Terminate Contract Notwithstanding anything in this agreement to the contrary, The City has the option to terminate this, agreement upon sixty (60) days written natice to Instructor, with or without cause. In case of such ternunation, all money due to Instructor shaU be paid within siati.y (60) days following termination, minus any necessary deductions for repairs, maintenance, or cleaning inaured by the City in connection with the temvnation of this cotrtract or the moving of equipment owned by InstYUCtor. In the event that, for any reason, the Contract between the City and Instructor, is terminated, or not renewed for any reason, the Instructor shaU have an absolute right to remove any and a11 gymnastic equipment, as loca.ted in the second floor gym, with the exception of the floor exercise mat, as a consequence of ha.ving pwchased the equipment or in which the Instructor has acquired a property interest by and through this Agreement. In the event tha.t Instnxctor does not personally retain titte to and use of tY}e equipment, then the City has the first right to purchase it and Instructor shail tender an offer to sell prior to termination. Upon ternunation, the Instructor is prohibited and enjoined from leasing or selling the said equipment to any th'v-d party without first offering it for sale to the Crty. If the City and the Instructor cannot agree upon a sale price, then the fair market value of the equipment shaU be determined by a qualified appraiser selected by the City and such price, determined by using any reasonable method by the appraiser, shaU be binding. The City is under no obligation to exercise its right to purchase and may waive for any reason. Notwithstanding anything in this agrcement to the contrary, Instructor has the option to terminate this agreernent upon sixty (60) daqs written notice to The City, with or without cause, at no cost to Instructor. In case of termination or brea.ch without sixty (60) days natice, The City sha11 retain five hundred dollars ($500) due to Instructor as liquidated damages for breach of contract.