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138 <br />0 <br />other rights or remedies it may have at law or in equity, retain another Consultant to <br />139 <br />undertake or complete the Work to be performed hereunder. <br />140 <br />141 <br />10N <br />Independent Contractor. At all times and for all purposes herein, the Consultant is an <br />142 <br />independent contractor and not an employee of the City. No statement herein shall be <br />143 <br />construed so as to find the Consultant an employee of the City. <br />144 <br />145 <br />11. <br />Non-Discri P mination. During the term of this Agreement, the Consultant shall not <br />146 <br />discriminate against any person, Consultant, vendor, employee or applicant for <br />147 <br />employment because of race, color, creed, religion, national origin, sex, marital status, <br />148 <br />status with regard to public assistance, disability, sexual orientation or age. The <br />149 <br />Consultant shall post in places available to employees and applicants for employment, <br />150 <br />notices setting forth the provision of this non-discrimination clause and stating that all <br />151 <br />qualified applicants will receive consideration for employment. The Consultant shall <br />152 <br />incorporate the foregoing requirements of this Provision I I in all of its subcontracts for <br />153 <br />Work done under this Agreement, and will require all of its subcontractors performing <br />154 <br />such Work to incorporate such requirements in all subcontracts for the performance of <br />155 <br />the Work. The Consultant agrees that all of the other provisions of Minnesota Statutes § <br />156 <br />181.59 shall apply to this Agreement and further agrees to comply with all aspects of the <br />157 <br />Minnesota Human Rights Act,, Minnesota Statutes § 363.01, et. seq., Title VI of the Civil <br />158 <br />Rights Act of 1964, and the Americans with Disabilities Act. <br />159 <br />160 <br />12. <br />Assignment. The Consultant shall not assign this Agreement, nor its rights and/or <br />161 <br />obligations hereunder, without the pn* or written consent of the City. <br />162 <br />163 <br />13. <br />Services Not Provided For. No claim for services furnished by the Consultant not <br />164 <br />specifically provided for in this Agreement shall be payable by the City. <br />165 <br />166 <br />14. <br />Compliance with Laws and Regulations. The Consultant shall abide with all federal, <br />167 <br />state and local laws, statutes5 ordinances, rules and regulations in the performance of the <br />168 <br />Work. The Consultant and the City acknowledge that all of the data created, collected, <br />169 <br />received, stored, used, maintained and/or disseminated by the Consultant in performing <br />170 <br />this Agreement are subject to the requirements of the Minnesota Data Practices Act, <br />171 <br />Minnesota Statutes Chapter 13. The Consultant and City, together with their respective <br />172 <br />agents and employees, agree to abide by the provisions of Minnesota Statutes Chapter 13, <br />173 <br />as amended, and Minnesota Rules promulgated pursuant to Chapter 13. Any violation by <br />174 <br />the Consultant of statutes, ordinances, rules and regulations pertaimng to the Work to be <br />175 <br />performed shall constitute a material breach of this Agreement and entitle the City to <br />176 <br />immediately terminate this Agreement. <br />177 <br />178 <br />15. <br />Waiver. Any waiver by either party of a breach of any provisions of this Agreement shall <br />179 <br />not affect, in any respect, the validity of the remainder of this Agreement or either parties <br />180 <br />ability to enforce a subsequent breach. <br />181 <br />182 <br />16. <br />Indemnification. The Consultant agrees to defend, indemnify and hold the City, and its <br />183 <br />mayor, councilmember, officers, agents employees and representatives harmless from <br />in <br />