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<br /> .;." <br />, <br />. <br /> 4. DEFAULT <br /> Any of the following shall constitute default on the part of the <br /> Municipality: <br /> a. The failure of the Municipality to use funds in a manner <br /> consistent with .this Agreement and Attachment A. <br /> b. The failure of the Municipality or its (sub)contractor(s) to <br /> use their best efforts to ensure the maximum collection and <br /> marketing of recyclable materials from the area served. <br /> c. The failure of the Municipality to provide information <br /> satisfactory to the County as required in this Agreement. <br /> S. GENERAL CONDITIONS <br /> a. All services and duties performed by the Municipality pursuant <br /> t~ this Agreement shall be performed to the satisfaction of the <br /> County and in accordance with all applicable federal, State, and <br /> local laws, ordinances, rules, and regulations as a condition of <br /> payment. The Municipality agrees that it will comply with all <br /> federal, St"ate, and local statutes and ordinances relating to <br />. nondiscrimination. <br /> b. The Municipality shall at all times be an independent <br /> contractor and shall not be the employee of the County for any <br /> purpose. The County shall not be responsible for the payment of <br /> any taxes, either federal or State, on behalf of the Municipality, <br /> nor shall the County be responsible for any fringe benefits. No <br /> Civil Service or other rights of employment will be acquired by <br /> virtue of Municipality's services. <br /> c. The Municipality and County mutually agree to defend, hold <br /> harmless, and indemnify the other party, its officials, agents, <br /> and employees, from any liability, loss, or damage they may suffer <br /> as a result of demands, claims, judgments, or costs arising out <br /> of or caused by the indemnifying party's negligence in the <br /> performance of their respective obligations under the provisions <br /> of this Agreement. This provision shall not be construed nor <br /> operate as a waiver of any applicable limits of or exceptions to <br /> liability set by law. <br /> d. All data created, collected, received, maintained, or <br /> disseminated for any purpose in the course of this Agreement is <br /> governed by the Minnesota Government Data Practices Act, Minn. <br /> Stat. Ch. 13 (1990), any other applicable State statute, or any <br /> State rules adopted to implement the Act, as well as federal <br />. regulations on data privacy. The Municipality agrees to abide by <br /> these statutes, rules, and regulations. <br />