2017-06-26-minutes-public-works-study-session

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payments through CWU, or directly to IFT, before being permitted to continue the training. Within five days of the end of each quarter or upon a student's withdrawal from a training course, IFT will reconcile each student account and refund any unused training fees to CWU. CWU will be responsible for returning the unused fees to the student or other authorized funding source. In no event will IFT refund unused training fees directly to the student. 4.6 Cancellations. Students will not be charged for training sessions cancelled by IFT. If IFT must reschedule or cancel a student's scheduled training session on less than 24 hours' notice, IFT will make every effort to notify the student by phone, email, or otherwise. Efforts to notify the student must be documented in the student's training record. Students will be charged for training sessions cancelled by the student on less than 24 hours' notice. 4.7 . Training Materials and Tests. It is understood and agreed that IFT will have no responsibility for the cost of student training materials, FAA computerized tests, or the student registration fee for the ETA data management system. Such items are the separate responsibility of CWU flight students or will. be absorbed into the existing student fee structure for ground school training. 4.8 Unscheduled Training. CWU and IFT recognize that students may want to fly on their own during the summer and other scheduled breaks. Students choosing to fly outside the regular quarterly training periods may be required to make payments directly to IFT before being permitted to fly. V. CONTRACT TERM, TERMINATION, DISPUTES 5.1 Term. The term of this Agreement shall be for a period of five years beginning on September 1 and ending on August 31 of each year, except for the first year which will begin in October 2014. This Agreement may be renewed upon mutual agreement for additional terms of up to five years each. 5.2 Termination. (a) This Agreement may be terminated at any time by mutual written agreement of the parties. (b) The Agreement may be terminated by either party for a material breach by the other party of that party's obligation(s) hereunder. In the event of breach, the aggrieved party must provide written notice to the breaching party and allow fifteen (15) days to cure. If the breach cannot be cured within that time or such other time as deemed reasonable by the aggrieved party, the Agreement may be terminated immediately by written notice of the aggrieved party. Termination for breach shall not be deemed to limit any of the terminating party's contractual remedies as against the breaching party. (c) The Agreement may be terminated by either party by giving written notice by January 1 of each year that the parties are unable to agree on a proposed student training fee schedule for the ensuing academic year. 5.3 Disputes. Any disputes between the parties arising under or related to this Agreement shall be resolved informally if possible, but if the parties cannot so resolve their differences, then arbitration shall provide the sole and exclusive remedy for addressing the contract dispute. The parties shall jointly select one arbitrator acceptable to both parties. If the parties cannot agree on an arbitrator, the Yakima Dispute Resolution Center shall be requested to choose an arbitrator. The fees and expenses of the arbitrator shall be shared equally by both parties to this Agreement, and each party shall bear its own costs and attorney fees. Arbitration shall be conducted according to the commercial arbitration procedures established by the American Arbitration Association, The arbitrator's decision or award shall be final and binding on both parties. 5.4 Essential Terms. Time and safety are each of the essence of the terms of Sections II and III of this Agreement relating to IFT's provision of flight training services to CWU students. CWU Flight Training Agreement Page 5