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SECTION 9 TERMINATION OF AGREEMENT 9.1 Notwithstanding anything in this Agreement to the contrary, CITY has the option to terminate this Agreement in the event that during its term, CONTRACTOR shall become permanently disabled as the term permanently disabled is defined below. Such option shall be exercised by CITY giving notice to CONTRACTOR by registered mail, addressed in care of CITY at North Olmsted Recreation Center, or at such other address as CONTRACTOR 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 termination date. For the purposes of this Agreement, CONTRACTOR shall be deemed to have become permanently disabled if, during the term of this Agreement, because of ill health, physical or mental disability, or for other causes beyond control, and shall have been continuously unable or unwilling or have failed to perform duties under this Agreement for twenty (20) consecutive days, or if, during the term of this Agreement, shall have been unable or unwilling or have failed to perform his duties for a total period of forty (40) days, either consecutive or not. 9.2 In the event that this Agreement is terminated by either the CITY or the CONTRACTOR, the CONTRACTOR shall only be entitled to be compensated for SERVICES performed to the date of termination. Such compensation shall be based on the provisions set forth in Exhibit B, if possible. For any services rendered to which these provisions do not apply, payment shall be based upon a per diem rate for the actual time spent rendering the services, computed by using the average rate for such services rendered by other comparable vendors in Cuyahoga County, Ohio.