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<br />shall promptly pay any subcontractor involved in the performance of this Agreement as
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<br />required by the State Prompt Payment Act.
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<br />11.
<br />Independent Contractor, At all times and for all purposes herein, the Contractor 'is an
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<br />independent contractor and not an employee of the City. No statement herein shall be
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<br />construed so as to find the Contractor an employee of the City.
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<br />12.
<br />Non-Dircri,allmation. During the performance of thi's Agreement, the Contractor shall
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<br />not discriminate against any person, contractor,, vendor, employee or applicant for
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<br />employment because of race, color, creed, religion, national origm, sex, marital status,
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<br />status with regard to public assistance, disability, sexual orientation or age. The
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<br />Contractor shall post 'in places available to employees and applicants for employment,
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<br />notices setting forth the provision of this non-discrimination clause and stating that all
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<br />qualified applicants will receive consideration for employment. The Contractor shall
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<br />incorporate the foregoing requirements of this Provision 12 'in all of its subcontracts for
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<br />Work done under this Agreement, and will require all of its subcontractors performing
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<br />such Work to incorporate such requirements 'in all subcontracts for the performance of
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<br />the Work. The Contractor further agrees to comply with all aspects of the Minnesota
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<br />Human Rights Act, Minnesota Statutes 363.01, at, seq., Title VI of the Civil Rights Act
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<br />of 1964, and the Americans with Disabilities Act.
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<br />13.
<br />Assignment. The Contractor shall not assign this Agreement, nor its rights and/or
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<br />obligations hereunder, without the prior written consent of the City.
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<br />14.
<br />Services Not Provided For. No claim for services furnished by the Contractor not
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<br />specifically provided for herein shall be paid by the City.
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<br />15.
<br />Compliance with Laws and Regulations. The Contractor shall abide with all federal,
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<br />state and local laws, statutes, ordinances, rules and regulations in the performance of the
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<br />Work. The Contractor and City, together with their respective agents and employees,
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<br />agree to abide by the provisions of the Minnesota Data Practices Act, Minnesota Statutes
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<br />Section 13, as amended, and Minnesota Rules promulgated pursuant to Chapter 13, Any
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<br />violation by the Contractor of statutes, ordinances, rules and regulations pertaining to the
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<br />Work to be performed shall constitute a material breach of this Agreement and entitle the
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<br />City to immediately terminate this Agreement.
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<br />16.
<br />Waiver. Any waiver by either party of a breach of any provisions of this Agreement shall
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<br />not affect 5 in any respect,, the validity of the remainder of this Agreement or either parties
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<br />ability to enforce a subsequent breach.
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<br />17.
<br />Indemnification. The Contractor agrees to defend, indemnify and hold the City, and its
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<br />mayor, councilmembers, officers, agents, employees and representatives harmless from
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<br />and against all liability, claims, damages, costs, judgments, losses and expenses,
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<br />including but not limited to attorney's fees, arising out of or resulting from any act or
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<br />omission of the Contractor'. its officers', agents, employees, contractors and/or
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