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Revised 1/7/2015
<br />136
<br />Non-Discrimination.
<br />13712.During the performance of this Agreement, the Contractor shall not
<br />138discriminate against anyperson, contractor, vendor, employee or applicantfor employment
<br />139because of race, color, creed, religion, national origin, sex, maritalstatus, status with regard
<br />140to public assistance, disability, sexual orientation or age. The Contractor shall post in
<br />141places available to employees and applicants for employment, notices setting forth the
<br />142provision of this non-discrimination clause and stating that all qualified applicants will
<br />143receive consideration for employment. The Contractor shall incorporate the foregoing
<br />144requirements of this Provision 12in all of its subcontracts for Workdone under this
<br />145Agreement, and will require all of its subcontractors performing such Work to incorporate
<br />146such requirements in all subcontracts for the performance of the Work. The Contractor
<br />147further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota
<br />148Statutes 363.01, et. seq., Title VIof the Civil Rights Act of 1964, and the Americans with
<br />149Disabilities Act of 1990.
<br />150
<br />Assignment
<br />15113.. The Contractor shall not assign this Agreement, nor its rights and/or
<br />152obligations hereunder, without the prior written consent of the City.
<br />153
<br />Services Not Provided For
<br />15414..No claim for services furnished by the Contractor not
<br />155specifically provided for herein shall be paidby the City.
<br />156
<br />Compliance with Laws and Regulations.
<br />15715.The Contractor shall abide with allfederal, state
<br />158and local laws, statutes, ordinances, rules and regulations in the performanceof the Work.
<br />159The Contractor and City, together with their respective agents and employees, agree to
<br />160abide by the provisions of the Minnesota Data Practices Act, Minnesota Statutes Section
<br />16113, as amended, and Minnesota Rules promulgated pursuant to Chapter 13. Any violation
<br />162by the Contractor of statutes, ordinances, rules and regulations pertaining to the Workto
<br />163be performedshall constitute a material breach of this Agreement and entitle the City to
<br />164immediately terminate this Agreement.
<br />165
<br />Waiver.
<br />16616. Any waiver by either party of a breach of any provisions of this Agreement shall
<br />167not affect, in any respect, the validity of the remainder of this Agreement.
<br />168
<br />Indemnification.
<br />16917.The Contractor agrees to defend, indemnify and hold the City, its
<br />170Council, officers, agents and employees harmless from any liability, claims, damages,
<br />171costs, judgments, or expenses, including reasonable attorney’s fees, resulting directly or
<br />172indirectly from a negligent act or omission (including without limitation professional errors
<br />173or omissions) of the Contractor, its agents, employees, and/or subcontractors pertaining to
<br />174the performance of the Workprovided pursuant to this Agreement and against all losses by
<br />175reason of the failure of said Contractor to fully perform, in any respect, all of the
<br />176Contractor’s obligations under this Agreement.
<br />177
<br />178
<br />Insurance.
<br />17918.
<br />180
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