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136 11. Independent Contradon At all times and for all purposes herein, the Contractor is an
<br /> 137 independent contractor and not an employee of the City. No statement herein shall be
<br /> 138 construed so as to find the Contractor an employee of the City.
<br /> 139
<br /> 140 12. Non-Discrimination. During the performance of this Agreement, the Contractor shall
<br /> not discriminate against any person, contractor, vendor, employee or applicant for
<br /> 142 employment because of race, color, creed, religion, national origin, sex, marital status,
<br /> 143 status with regard to public assistance, disability, sexual orientation or age. The
<br /> 144 Contractor shall post in places available to employees and applicants for employment,
<br /> 145 notices setting forth the provision of this non-discrimination clause and stating that all
<br /> 146 qualified applicants will receive consideration for employment. The Contractor shall
<br /> 147 incorporate the foregoing requirements of this Provision 12 in all of its subcontracts for
<br /> 148 work done under this Agreement, and will require all of its subcontractors performing
<br /> 149 such work to incorporate such requirements in all subcontracts for the performance of
<br /> 150 the work. The Contractor further agrees to comply with all aspects of the Minnesota
<br /> 151 Human Rights Act, Minnesota. Statutes 363.01, et. seq., Title VI of the Civil Rights Act
<br /> 152 of 1964, and the Americans with Disabilities Act.
<br /> 153
<br /> 154 13. Assignment. The Contractor shall not assign this Agreement, nor its rights and/or
<br /> 155 obligations hereunder, without the prior written consent of the City. For the purposes of
<br /> 156 this Agreement, an assignment shall include the transfer by merger, consolidation or
<br /> 157 other means of over 30%of the stock ownership 'in the Contractor(whether at one time or
<br /> 158 cumulatively), which shall rewire the prior written consent of the City. Any assig a meet
<br /> 159 made without the written consent of the City shall be void and shall constitute a default
<br /> 160 by the Contractor under this Agreement.
<br /> 161
<br /> 162 14. Services Not Provided For. No claim for services fin-ished by Contractor not
<br /> 163 specifically provided for herein shall be paid by the City.
<br /> 164
<br /> 165 15. Compliance with Laws and Reguladons. The Contractor shall abide with all federal,
<br /> 166 state and local laws, statutes, ordinances, rules and regulations in the performance of the
<br /> 167 work. The Contractor and City, together with their respective agents and employees,
<br /> 168 agree to abide by the provisions of the Minnesota Data Practices Act, Minnesota Statutes
<br /> 169 Section 13, as amended, and Minnesota Mules promulgated pursuant to Chapter 13. Any
<br /> 170 violation by the Contractor of statutes, ordinances, rules and regulations pertaining to the
<br /> 171 work to be performed shall constitute a material breach of this Agreement and entitle the
<br /> 172 City to H'=edia,tely terminate this Agreement.
<br /> 173
<br /> 174 16. Waiver. Any waiver by either party of a breach of any provisions of this Agreement shall
<br /> 175 not affect, in any respect,the validity of the remainder of this Agreement or either parties
<br /> 176 ability to enforce a subsequent breach.
<br /> 177
<br /> 178 17. Inde nr cado n. The Contractor agrees to defend, indemnify and hold the City, and its
<br /> 179 mayor, councilmembers, officers, agents, employees and representatives harmless from
<br /> 180 and against all liability, claims, damages, costs, judgments, losses and expenses,
<br /> 181 including but not limited to attorney's fees, arising out of or resulting from any act or
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