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5. OBLIGATIONS OF INSTRUCTOR: <br />5.1 Instructor accepts the responsibility to coordinate with the City specific time(s) <br />and use of City premises in order to avoid any conflict of time(s) and use of such <br />premises. It is agreed that the resolution of any conflict in this regard is at the sole <br />discretion of the Director of Neighborhood Services or his designee. <br />5.2 Instructor agrees to assume full responsibility for setting up any facility for <br />instruction and for cleaning and/or restoring the facility to its usual condition following <br />each class session. <br />5.3 Instructor agrees to provide at Instructor's sole expense, all equipment and <br />materials required to perform instruction, and Instructor assumes all risk of loss, damage <br />or harm to such equipment or materials arising in connection with this agreement. City <br />and Instructor agree that the Instructor may utilize his/her own facilities or other facilities <br />for instruction of students. This may be for the convenience of the Instructor, student, <br />City, or any combination thereof. When the Instructor's facility is used, a certificate of <br />liability insurance naming the City of Colton as an additional insured, shall be provided <br />to the City, prior to commencement of any instructional activities. <br />5.4 Instructor agrees to establish appropriate rules for conducting the class and <br />to assume responsibility for student discipline to ensure adequate protection of students <br />and the facility. <br />5.5 Instructor agrees to pay all personal State and Federal taxes as an <br />independent contractor. <br />5.6 Instructor agrees to provide such certificates of insurance as City may <br />reasonably require to assure full performance of this Agreement. <br />6. TERMINATION: <br />6.1 This Agreement shall automatically terminate following completion of the <br />course of instruction provided in Exhibit "A" and payment of all sums due Instructor <br />under Section 4 above unless it is renewed as provided in Section 2.2 above. <br />6.2 Either party may terminate this Agreement at any time by giving thirty (30) <br />days written notice. <br />6.3 City may terminate this Agreement by giving twenty-four (24) hour written <br />notice to the Instructor if Instructor defaults in his/her performance under this Agreement. <br />7. OWNERSHIP OF MATERIALS: <br />7.1 Any and all materials, works and/or literary, musical or artistic properties <br />developed by Instructor for purposes of providing instruction under this Agreement, shall <br />be the sole and exclusive property of Instructor. <br />