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<br />~ <br />, <br /> <br /> <br /> <br /> <br />. <br /> <br />4. DEFAULT <br /> <br />Any of the following shall constitute default on the part of the <br />Municipality: <br /> <br />a. The failure of the Municipality to use funds in a manner <br />consistent with this Agreement and Attachment A. <br /> <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 /> <br />c. The failure of the Municipality to provide information <br />satisfactory to the County as required in this Agreement. <br /> <br />5. GENERAL CONDITIONS <br /> <br />a. All services and duties performed by the Municipality pursuant <br />to' 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 /> <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 /> <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 /> <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 />