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4 <br /> <br />following the delivery of the termination notice, and the City may , in addition to any <br />other rights or remedies it may have, retain another contractor to undertake or complete <br />the W ork to be performed hereunder. <br /> <br />10. Subcontractor. The Contractor shall not enter into subcontracts for services provided <br />under this Agreement without the express written consent of the City. The Contractor <br />shall promptly pay any subcontractor involved in the performance of this Agreement as <br />required by the State Prompt Payment Act. <br /> <br />11. Independent Contractor. At all times and for all purposes herein, the Contractor is an <br />independent contractor and not an employe e of the City. No statement herein shall be <br />construed so as to find the Contractor an employee of the City. <br /> <br />12. Non -Discrimination. During the performance of this Agreement, the Contractor shall <br />not discriminate against any person, contractor, vendor, em ployee or applicant for <br />employment because of race, color, creed, religion, national origin, sex, marital status, <br />status with regard to public assistance, disability, sexual orientation or age. The <br />Contractor shall post in places available to employees and applicants for employment, <br />notices setting forth the provision of this non -discrimination clause and stating that all <br />qualified applicants will receive consideration for employment. The Contractor shall <br />incorporate the foregoing requirements of this Provi sion 12 in all of its subcontracts for <br />W ork done under this Agreement, and will require all of its subcontractors performing <br />such Work to incorporate such requirements in all subcontracts for the performance of <br />the W ork . The Contractor further agrees to comply with all aspects of the Minnesota <br />Human Rights Act, Minnesota Statutes 363.01, et. seq ., Title VI of the Civil Rights Act <br />of 1964, and the Americans with Disabilities Act of 1990. <br /> <br />13. Assignment . The Contractor shall not assign this Agreement, nor its rights and/or <br />obligations hereunder, without the prior written consent of the City. <br /> <br />14. Services Not Provided For . No claim for services furnished by the Contractor not <br />specifically provided for herein shall be paid by the City. <br /> <br />15. Compliance with Laws and Regulations. T he Contractor shall abide with all federal, <br />state and local laws, statutes, ordinances, rules and regulations in the performance of the <br />Work . The Contractor and City, together with their respective agents and emp loyees, <br />agree to abide by the provisions of the Minnesota Data Practices Act, Minnesota Statutes <br />Section 13, as amended, and Minnesota Rules promulgated pursuant to Chapter 13. Any <br />violation by the Contractor of statutes, ordinances, rules and regulations pertaining to the <br />Work to be performed shall constitute a material breach of this Agreement and entitle the <br />City to immediately terminate this Agreement. <br /> <br />16. Waiver. Any waiver by the City of a breach of any provisions of this Agreement shall <br />not affect, in any respect, the validity of the remainder of this Agreement. <br />