2009-060 Ordinance - Laserfiche WebLink

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w.., Schedule B attached hereto. The City will transfer and retitle such personal property on Schedule B at the conclusion of the term hereof. In the event that this contract is terminated prior to the end of this term or prior to the Instructor's acquisition of all of the property listed in either Schedule, then the Instructor's interest herein shall become subject to the City's right upon termination, as described herein. The Instructor's right to buy-out the City's interest in any such remaining property listed on either Schedule upon termination shall be reasonably negotiated prior to the removal of such property from the Recreation Center, allowing the Instructor reasonable time to obtain commercial financing and the City to consider terms for buying out the Instructor or replacing the said equipment. Section VI Option to Terminate Contract for Permanent Disability of Instructor Notwithstanding anything in this agreement to the contrary, the City has the option to terminate this agreement in the event that during its term Instructor shall become permanently disabled as the term "permanently disabled" is defined below. Such option shall be exercised by the City giving notice to Instructor by registered mail, addressed to her in care of the City at North Olmsted City Hall, or at such other address as Instructor shall designate in writing, of its intention to terminate this agreement on the last day of the month during which such notice is mailed, and on the giving of such notice this agreement and the term of this agreement come to an end on the last day of the month in which the notice is mailed, with the same force and effect as if that day were originally set forth as the termination date. For the purposes of this agreement, Instructor shall be deemed to have become permanently disabled if, during any year of the term of this agreement, because of ill health, physical or mental disability, or for other causes beyond her control, she shall have been continuously unable or unwilling or have failed to perform her duties under this contract for Thirty (30) consecutive days, or if, during any year of the term of this agreement, she shall have been unable or unwilling or have failed to perform her duties for a total period of Sixty (60) days, either consecutive or not. For the purposes of this agreement, the term "any year of the term of this agreement" is defined to mean any period of twelve (12) calendar months commencing on the first day of September and terminating on the 31St day of August of the following year during the term of this agreement. In the event that, for any reason, the Contract between the City and Instructor, is terminated, or not renewed for any reason, the Instructor shall have an absolute right to remove any and all gymnastic equipment, as located in the second floor gym, with the exception of the floor exercise mat, as a consequence of having purchased the equipment or in which the Instructor has acquired a property interest by and through this agreement. In the event that Instructor does not personally retain title to and use of the equipment, then the City has the first right to purchase it and Instructor shall tender an offer to sell prior to termination. Upon termination, the Instructor is prohibited and enjoined from leasing or selling 5