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Notwithstanding the thirty (30) day notice period established in paragraph Vii, in the event that the PURCHASER desires to cancel or reschedule the Instruction /Activity /Service due to low enrollment, PURCHASER shall giVe at least 2 days notice in vesting to the COLLEGEWNI ERSITY'S authorized anent to cancel or reschedule. If the 1 nstruct on/Activity /Senrice is cancer as p avid ed herein, the G O LL E EIU N IVE RS ITY shall be entitled to payment calculated according to paragraph VIl. if the Instruction/Aotivity /Service is rescheduled as provided herein, payment shall be according to this paragraph IV. B. Terms of Payment. The COLLE EIUNIVERSITY will send an invoice for the Instruction/Activity /Serve performed. The PURCHASER will pay within Within 30 days of receiving the invoice. days of giving the invoice. Please send payment to: Anoka Technical College Tuition Office 1355 West Highway 10 Anoka, MN 55303 V. AUTHORIZED AGENTS FOR THE PURPOSES OF THIS CONTRACT. A. PURCHASER'S authorized agent: Richard Gasaway COLLE EIU N IVERS1TY'S authorized agent: Joseph Mulford V1. TERM OF CONTRACT A. Effective date: ,duly 1, 2003 B. End date: June 30, 2004 or until all obligations set forth in this contract have been satisfactorily fulfilled, wh ich ere r occurs first. . This contract may be canceled by the Purchaser or the College at any time, with or without cause, upon thirty (30) days written notice to the other party. In the evert of such a cancellation, the College shall be entitled to payment, determined on a pro rata basis, for worm or instruction /Activity /Service satisfactorily performed. Contracted classes not meeting enrollment expetions of the client and college may be canceled within 43 hours of the agreed start date. ASSIGNMENT. Neither the PURCHASER nor the COLLEGEIUNIVERSITY shall assignor transfer any rights or obligations under this contract without the prior written approval of the other party. IX. LIABILITY. PURCHASER agrees to indemnify and save and mold the COLLE ElU NIVERSITY, its representatives and employees harmless from any and all claims or causes of action arising from the performance of this contract by the PURCHASER or the PURCHASER'S agents or employees. This clause shall not be construed to bar any legal remedies the PURCHASER may have for the GOLLEGE/UN IVERS ITY'S failure to fulfill its obligations pursuant to this contract. X. AMERICANS WITH DISABILITIES ACT (ADA) COMPLIANCE. The PURCHASER agrees that in fulfilling the duties of this contract, the PURCHASER is responsible for complying with the applicable proVisions of the Americans with DisabilitEes Act, 42 U.S.U. Section 12101, et seq. and regulations promulgated pursuant to it. The COLLE EIU N IVERSITY IS NOT responsible for issues or challenges related to compliance with the ADA beyond its own routine use of facilities, services, or other areas covered by the ADA. 1. AMENDMENTS. Any amendments to this contract shall be in writing and shall be executed by the same parties who executed the original contract or their successors in office. ll. GOVERNMENT DATA PRACTICES ACT. The PURCHASER must comply with the Minnesota Government Data Practices Acct, Minnesota Statutes Chapter 13, as it applies to all data provided by the GOLLEGF -IU N IVERSITY in accordanoe with this contract, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the PURCHASER in accordance with this contract. The civil remedies of Minnesota Statues Section 13.18, apply to the release of the data referred to in this Article by either the PURCHASER or the GOLLEGEfUNIVERSiTY. In the event the PURCHASER receives a request to release the data referred to in this Article, the PURCHASER must immediately notify the GOLLEGEIUNiVERSITY. The UOLLEGE[U N IVERSiTY will give the PURCHASER instructions concerning the release of the data to the requesting party before the data is released. 111. RIGHTS IN ORIGINAL MATERIALS_ The COLLEGE/UNIVERSITY shall own all rigltsr including all intellectual property rights, in all original materials, including any curriculum materials, inventions, reports, studies, designs, drawings, specifications, notes, documents, software and documentation, computer based training modules, electronically or magnetically recorded materials+ and other 1ler 1.04 Customized Training lrcvme Ccntrmd Contract Nbr. 837 Jul} 3, 2003 Page