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Notwithstandingthe thirty (30) day notice period established in paragraphVll, in the event that the PURCHASER desires to cancel or reschedulethe instruction/Activity/Service due to low enrollment, PURCHASER shall give at least 2 days notice in writing to the COLLEGE/UNIVERSITY'S authorized agentto cancel or reschedule. Ifthe Instruction/Activity/Service is canceled as provided herein, the COLLEGE/UNIVERSITY shall be entitled to payment calculated accordingto paragraphVll. Ifthe Instruction/Activity/Service is rescheduled as provided herein, paymentshall beaccordingtothis paragraphlV. B. Terms of Payment. The COLLEGE/UNIVER5ITY will send an invoice for the Instruction/Activity/Service pertormed. The PURCHASERwill paywithin Within 30 days of receivingthe invoice. days of receiving the invoice. Please send paymentto: Anoka Technical College Tuition Office 1355 West Highway 10 Anoka, MN 55303 V. AUTHORIZED AGENTS FOR THE PURPOSES OF THIS CONTRACT. A. PURCHASERS authorized agent: RichardGasaway COLLEGE/UNIVERSITY'S authorized agent: Joseph Mulford VI. TERM OF CONTRACT A. Effective date: June 30, 2004 B. End date: July 1, 2005 or until all obligations set forth in this contract have been satisfactorily fulfilled, whichever occurs first. VII. This contract may be canceled by the Purchaseror the College at any time, with orwithout cause, upon thirty (30) days written notice to the other party. In the event of such a cancellation, the College shall be entitled to payment, determined on a pro rata basis, for work or Instruction/Activity/Service satisfactorily performed. Contracted classes not meeting enrollment expectations of the client and college may be canceled within 48 hours of the agreed start date. VIII. ASSIGNMENT. Neitherthe PURCHASER northe COLLEGE/UNIVERSITY shall assign ortransfer any rights or obligations underthis contractwithoutthe priorwritten approval ofthe other party. 1X. LIABILITY. PURCHASER agreesto indemnifyand save and holdthe COLL�GE/UNIVERSITY, its representatives and employees harmlessfrom any and all claims or causes of action arising from the pertormance ofthis contract by the PURCHASER or the PURCHASERS agents or employees. This clause shall not be construed to bar any legal remediesthe PURCHASER may have for the COLLEGE/UNIVERSITY'S failure to fulfill its obligations pursuantto this contract. X. AMERICANSWITH DISABILITIESACT (ADA) COMPLIANCE. The PURCHASERagreesthat infulfillingthe duties ofthis contract, the PURCHASER is responsiblefor complyingwith the applicable provisions of the Americanswith DisabilitiesAct, 42 U.S.C. Section 12101, et seq. and regulationspromulgated pursuantto it. The COLLEGE/UNIVERSITY IS NOT responsiblefor issues or challenges relatedto compliancewith the ADA beyond its own routine use offacilities, services, or other areas covered by the ADA. XI. AMENDMENTS. Any amendmentsto this contractshall be inwriting and shall be executed bythe same parties who executed the original contract or their successors in office. XII. GOVERNMENT DATA PRACTICES ACT. The PURCHASER must complywith the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it appliesto all data provided by the COLLEGE/UNIVEf�SITY in accordancewith 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 13.08, apply to the release of the data referred to in this Article by eitherthe PURCHASERortheCOLLEG�/UNIVERSITY. Inthe eventthe PURCHASER receivesa requestto releasethe data referredto inthis Article, the PURCHASER must immediately notify the COLLEGE/UNIVERSITY. The COLLEGE/UNIVERSITY will give the PURCHASER instructions concerning the release of the data to the requesting party before the data is released. Ver: 01.05 Customized Training Income Contract Contract Nbr: 1188 June 25,2004 Page: 2