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reimbursable expenses incurred if required to be paid by the City under this Agreement) by the
<br />Consultant through and until the date of termination so long as the Consultant is not in default under
<br />this Agreement. If the City terminates this Agreement because the Consultant is in default of its
<br />obligations under this Agreement, no further payment shall be payable or due to the Consultant
<br />following the delivery of the termination notice, and the City may, in addition to any other rights or
<br />remedies it may have at law or in equity, retain another consultant to undertake or complete the Work
<br />to be performed hereunder.
<br />10. Subcontractor. The Consultant shall not enter into subcontracts for services provided under this
<br />Agreement without the express written consent of the City. The Consultant shall promptly pay any
<br />subcontractor involved in the performance of this Agreement as required by the State Prompt Payment
<br />Act.
<br />11. Independent Consultant. At all times and for all purposes herein, the Consultant is an independent
<br />contractor and not an employee of the City. No statement herein shall be construed so as to find the
<br />Consultant an employee of the City.
<br />12. Non-Discrimination. During the performance of this Agreement, the Consultant shall not
<br />discriminate against any person, contractor, vendor, employee or applicant for employment because
<br />of race, color, creed, religion, national origin, sex, marital status, status with regard to public
<br />assistance, disability, sexual orientation or age. The Consultant shall post in places available to
<br />employees and applicants for employment, notices setting forth the provision of this non-
<br />discrimination clause and stating that all qualified applicants will receive consideration for
<br />employment. The Consultant shall incorporate the foregoing requirements of this Provision 12 in all
<br />of its subcontracts for Work done under this Agreement, and will require all of its subcontractors
<br />performing such Work to incorporate such requirements in all subcontracts for the performance of the
<br />Work. The Consultant further agrees to comply with all aspects of the Minnesota Human Rights Act,
<br />Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with
<br />Disabilities Act.
<br />13. Assignment. The Consultant shall not assign this Agreement, nor its rights and/or obligations
<br />hereunder, without the prior written consent of the City.
<br />14. Services Not Provided For. No claim for services furnished by the Consultant not specifically
<br />provided for herein shall be paid by the City.
<br />15. Compliance with Laws and Regulations. The Consultant shall abide with all federal, state and local
<br />laws, statutes, ordinances, rules and regulations in the performance of the Work. The Consultant and
<br />City, together with their respective agents and employees, agree to abide by the provisions of the
<br />Minnesota Data Practices Act, Minnesota Statutes Section 13, as amended, and Minnesota Rules
<br />promulgated pursuant to Chapter 13. Any violation by the Consultant of statutes, ordinances, rules
<br />and regulations pertaining to the Work to be performed shall constitute a material breach of this
<br />Agreement and entitle the City to immediately terminate this Agreement.
<br />16. Waiver. Any waiver by either party of a breach of any provisions of this Agreement shall not affect,
<br />in any respect, the validity of the remainder of this Agreement or either parties ability to enforce a
<br />subsequent breach.
<br />17. Indemnification. To the fullest extent permitted by law, the Consultant agrees to defend, indemnify
<br />and hold the City, and its mayor, council members, officers, agents, employees and representatives
<br />harmless from and against all liability, claims, damages, costs, judgments, losses and expenses,
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