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04-08-24-R
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04-08-24-R
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for undisputed services provided by the subcontractor. The Contractor must pay interest of <br />1.5% per month or any part of a month to the subcontractor on any undisputed amount not <br />paid on time to the subcontractor. The minimum monthly interest penalty payment for an <br />unpaid balance of $100 or more is $10. For any unpaid balance of less than $100, the <br />Contractor must pay the actual penalty due to the subcontractor. A subcontractor who <br />prevails in a civil action to collect interest penalties from the Contractor must be awarded <br />its costs and disbursements, including attorney's fees, incurred in bringing the action. This <br />paragraph is inserted in this Agreement pursuant to Minn. Stat. §471.425, Subd. 4a. <br />12. Independent Contractor. At all times and for all purposes under this Agreement, the <br />Contractor is an independent contractor and not an employee of the City. No statement in <br />this Agreement may be construed to find the Contractor an employee of the City. <br />13. Assignment. Neither party may assign this Agreement without the written consent of the <br />other party. <br />14. Services not Provided For. No claim for services furnished by the Contractor not specifically <br />provided for in this Agreement will be honored by the City or its residents. <br />15. Severability. The provisions of this Agreement are severable. If any portion is held by a <br />court of competent jurisdiction to be contrary to law, that decision will not affect the <br />remaining provisions of the Agreement. <br />16. Entire Agreement. The entire agreement of the parties is contained in this Agreement. This <br />Agreement supersedes all oral agreements and negotiations between the parties relating to <br />the subject matter of this Agreement as well as any previous agreements presently in effect <br />between the parties relating to the same subject matter. Any alterations, amendments, <br />deletions, or waivers of the provisions of this Agreement will be valid only when expressed <br />in writing and signed by the parties, unless otherwise provided in this Agreement. The <br />residents and property owners of the City of Arden Hills who are provided Work under the <br />terms of this Agreement are third party beneficiaries and shall have all of the rights <br />afforded to the City hereunder related to such Work. <br />17. Compliance with Laws and Regulations. In providing services under this Agreement, the <br />Contractor must abide by all statutes, ordinances, rules, and regulations pertaining to the <br />provision of services to be provided. Any violation constitutes a material breach of this <br />Agreement and entitles the City to immediately terminate this Agreement. <br />18. Equal Opportunity. The contractor agrees during the life of this contract not to discriminate <br />against any employee or applicant for employment because of race, color, creed, religion, <br />national origin, sex, marital status, status with regard to public assistance, familial status, <br />disability, sexual orientation, or age. This contract may be cancelled or terminated by the <br />City, and all money due or to become due hereunder may be forfeited, for a second or <br />subsequent violation of the terms and conditions of this paragraph. The Contractor must <br />
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