Shannon Affholter Squared 10/3/2021

prior to the effective date of termination;and,2)the Contractor shall be released from any obligation under this Contract affected by the termination or a related purchase order to provide further Work pursuant to the Contract. 2. Notwithstanding any provision to the contrary,funding under this Contract beyond the current appropriation year is conditional upon the appropriation by the School Board of sufficient funds to support the Work described in this Contract. Should such an appropriation not be approved,the Contract shall terminate at the close of the current appropriation year. SECTION 9 MISCELLANEOUS 9.i Other Public Agency Orders Other federal,state, city,school districts and local entities may utilize the terms and conditions established by this Contract if agreeable to all parties.The District does not accept any responsibility or involvement in the purchase orders or contracts issued by other public agencies. 9.2 Assignment Neither party shall assign any interest,obligation or benefit under or in this Contract or transfer any interest in the same,whether by assignment or novation,without prior written consent of the other party.If assignment is approved,this Contract shall be binding upon and inure to the benefit of the successors of the assigning party.This provision shall not prevent Contractor from pledging any proceeds from this Contract as security to a lender.If an assignment is approved,it shall be effective upon the posting of all required bonds,securities and the like by the assignee and the written agreement by assignee to assume and be responsible for the obligations and liabilities of the Contract,known and unknown,and applicable law. 9.3 Representation The Contractor shall not represent itself as an employee,representative,or spokesperson for the District. 9.4 Force Majeure The term"force majeure"shall include,without limitation by the following enumeration:acts of nature,acts of civil or military authorities,terrorism,fire,accidents, shutdowns for purpose of emergency repairs,industrial, civil or public disturbances, causing the inability to perform the requirements of this Contract If any party is rendered unable,wholly or in part,by a force majeure event to perform or comply with any obligation or condition of this Contract,upon giving notice and reasonably full particulars to the other party,such obligation or condition shall be suspended only for the time and to the extent commercially practicable to restore normal operations.In the event the Contractor ceases to be excused pursuant to this provision,then the District shall be entitled to exercise any remedies otherwise provided for in this Contract,including termination for default. 9.5 Confidentiality In providing services under this Contract, Contractor may have access to personally identifiable education records and confidential information regarding District students or staff(collectively referred to as "Confidential Information"). Contractor agrees that they will maintain the confidentiality of Confidential Information. The use or disclosure of any Confidential Information for any purpose not directly connected to Contractor's services under this Contract is strictly prohibited except where required or authorized by law.