2021/10/13 Council Agenda Packet

Each party may designate a change of address by notice in writing. All notices, demands, requests, or communications that are not hand -delivered will be deemed received three days after deposit in the U.S. Mail, postage prepaid; or upon confirmation of successful facsimile transmission. 34. Survival. The School and Training Site expressly agree that the liability coverage provisions of this Agreement will survive the termination of this Agreement. 35. Severability. If any provision of this Agreement is held to be wholly or partially invalid or unenforceable under applicable law, that provision will be ineffective to that extent only, without in any way affecting the remaining provisions of the Agreement. 36. Waiver. Neither the waiver by any of the parties of a breach of or a default under any of the provisions of this Agreement, nor the failure of either of the parties to enforce any of the provisions of this Agreement or to exercise any right or privilege hereunder, will be construed as a waiver of any subsequent breach or default of a similar nature, or as a waiver of any provisions, rights, or privileges hereunder. 37. Entire Agreement. This Agreement constitutes the entire agreement between the parties, and supersedes all prior oral or written agreements, commitments, or understandings concerning the matters provided for in this Agreement. 38. Amendment. This Agreement may only be modified by subsequent written agreement or letter executed by the parties. 39. FERPA. The Parties acknowledge that certain information about students is contained in records maintained by School and that this information is confidential by reason of School policy and the Family Educational Rights and Privacy Act of 1974, 20 U.S.C. Section 1232(g) and applicable state law. In the event that Training Site has access to a student's records, Training Site shall keep confidential and shall not disclose any student records unless disclosure is (i) authorized by the School or student in writing; (ii) required by law or a court of competent jurisdiction; or (iii) permitted by this Agreement. 40. Third -Party Rights. This Agreement is entered into for the exclusive benefit of the undersigned parties and is not intended to create any rights, powers or interests in any third party. 41. Execution and Approval. The parties warrant that the officers/individuals signing below have been duly authorized to act for and on behalf of the Party for the purpose of executing this Agreement. The parties may also include the signatures of individuals who are responsible for the education program. 6 I Edited 7/1/2019