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138 9. Termination. This Agreement may be terminated at any time by the City, with or 139 without cause , by delivering to the Consultant at the address of the Consultant set forth 140 on page 1, a written notice at le ast seven (7) days prior to the date of such termination. 141 The date of termination shall be stated in the notice. Upon termination the Consultant 142 shall be paid for services rendered (and re imbursable expenses incurred if required to be 143 paid by the City under this Agreement) by the Consultant through and until the date of 144 termination so long as the Consultant is not in default under this Agreement. If however, 145 the City terminates the Agreement because the Consultant is in default of its obligations 146 under this Agreement, no further payment shall be payable or due to the Consultant 147 following the delivery of the termination notice, and the City may , in addition to any 148 other rights or remedies it may have, retain another consultant to undertake or complete 149 the Work to be performed hereunder. 150 151 10. Subcontractor. The Consultant shall not enter into subcontracts for services provided 152 under this Agreement without the express written consent of the City. The Consultant 153 shall promptly pay any subcontractor involved in the performance of this Agreement as 154 required by the State Prompt Payment Act. 155 156 11. Independent Consultant. At all times and for all purposes herein, the Consultant is an 157 independent contractor and not an employee of the City. No statement herein shall be 158 construed so as to find the Consultant an employee of the City. 159 160 12. Non -Discrimination. During the performance of this Agreement, the Consultant shall 161 not discriminate against any person, contractor, vendor, e mployee or applicant for 162 employment beca use of race, color, creed, religion, national origin, sex, marital status, 163 status with regard to public assistance, disability, sexual orientation or age. The 164 Consultant shall post in places available to employees and applicants for employment, 165 notices se tting forth the provision of this non -discrimination clause and stating that all 166 qualified applicants will receive consideration for employment. The Consultant shall 167 incorporate the foregoing requirements of this Provision 12 in all of its subcontracts fo r 168 W ork done under this Agreement, and will require all of its subcontractors performing 169 such Work to incorporate such requirements in all subcontracts for the performance of 170 the W ork . The Consultant further agrees to comply with all aspects of the Minneso ta 171 Human Rights Act, Minnesota Statutes 363.01, et. seq ., Title VI of the Civil Rights Act 172 of 1964, and the Americans with Disabilities Act of 1990. 173 174 13. Assignment . The Consultant shall not assign this Agreement, nor its rights and/or 175 obligations hereund er, without the prior written consent of the City. 176 177 14. Services Not Provided For . No claim for services furnished by the Consultant not 178 specifically provided for herein shall be paid by the City. 179 180 15. Compliance with Laws and Regulations. T he Consultant shall abide with all federal, 181 state and local laws, statutes, ordinances, rules and regulations in the performance of the 182 Work . The Consultant and City, together with their respective agents and employees, 183 ATTACHMENT A