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IA24-049 <br />July 21, 2023 <br />Page 4 <br />representations as are specifically set forth herein; and each of the parties hereto acknowledges that it <br />has relied on its own judgment in entering into this agreement. <br /> <br />10. Modification <br />No waiver or modification of this agreement or any covenants, conditions, or limitations herein <br />contained shall be valid unless in writing and duly executed by the parties to be charged therewith; and <br />no evidence of any waiver or modification shall be offered or received in evidence of any proceeding or <br />litigation between the parties hereto arising out of or affecting this agreement, or the rights or <br />obligations of the parties herein under, unless such waiver or modification is in writing duly executed as <br />aforesaid; and the parties further agree that the provisions of this section may not be waived except as <br />herein set forth. <br /> <br />11. Termination of Agreement <br />This agreement may be terminated in part or whole without cause at any time by mutual agreement of <br />the parties hereto, or by either party after thirty-days (30) following the other party's receipt of a <br />written intent to terminate. <br /> <br />The parties retain the right to cancel this agreement in part or whole upon ten (10) days written notice <br />to the other party if either party fails to properly keep any of the provisions of this agreement. In the <br />event of termination under this section, the Agency will be entitled to receive, to the date of such <br />termination on a pro rata basis, the compensation as set forth in Section (2a, 3a, and 4a) herein. <br /> <br />12. Health and Safety Operations <br />To protect the health and safety of the WSCJTC and the students of the WSCJTC, the Assistant <br />Commander, TAC Officer, and Instructors employed by the Agency understand the WSCJTC maintains <br />control over its operations and agrees to submit to directions and protocols put in place to carry out its <br />mission, including submitting to infectious disease testing when directed to do so by the WSCJTC. The <br />instructors must report the results to WSCJTC's confidential appointee. The instructors agree to follow <br />the health and safety protocols put in place by WSCJTC during scheduled academy sessions. Failure to <br />abide by these requirements will result in their release from WSCJTC’s service. Termination of <br />agreement as set forth in Section (11). <br /> <br />13. Employment Obligations of Parties <br />The Agency agrees to pay to the Assistant Commander and the TAC Officer the full salary and benefits, <br />including all increases to said salary and benefits, accruing to them as employees of the Agency during <br />the period of their services herein under. Additionally, the Agency agrees to extend to the Assistant <br />Commander and TAC Officer all rights, privileges, and benefits attendant to and resulting from their <br />employment by the Agency, including any and all promotional opportunities otherwise available to <br />them. The Agency further agrees that upon completion and conclusion of the Assistant Commander’s <br />and TAC Officer’s service herein under, and in the absence of any promotion or upgrading in <br />classification which has occurred during the duration of this agreement and in the absence of any <br />disciplinary action taken during the duration of this agreement, they will be returned and reinstated to <br />the Agency at the same or equal commissioned rank or position which they held on the beginning date <br />of this agreement. <br /> <br />The WSCJTC agrees to complete all necessary evaluation and documentation regarding the Assistant <br />Commander and TAC Officer during the period of their service herein under and as required by the