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Attachment A
<br />the Metro-INET under this Agreement) by the City through and until the date of
<br />termination.
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<br />10. Subcontractor. The City shall not enter into subcontracts for services provided under
<br />this Agreement without the express written consent of Metro-INET. If subcontracts are
<br />approved and entered into, the City shall promptly pay any subcontractor involved in the
<br />performance of this Agreement as required by the State Prompt Payment Act.
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<br />11. Independent Contractor. At all times and for all purposes herein, the City and its
<br />employees are independent contractors and not employees of Metro-INET.
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<br />12. Non-Discrimination. During the performance of this Agreement, the Parties shall not
<br />discriminate against any person, contractor, vendor, employee 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 Parties
<br />shall post in places available to employees and applicants for employment, notices setting
<br />forth the provisions of this non-discrimination clause and stating that all qualified
<br />applicants will receive consideration for employment. The Parties shall incorporate the
<br />foregoing requirements of this Provision 12 in all of its subcontracts for Work done under
<br />this Agreement, and will require all of its subcontractors performing such Work to
<br />incorporate such requirements in all subcontracts for the performance of the Work. The
<br />Parties further agree 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
<br />Americans with Disabilities Act.
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<br />13. Assignment. The Parties shall not assign this Agreement, nor its rights and/or obligations
<br />hereunder, without the prior written consent of the other Party.
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<br />14. Services Not Provided For. Metro-INET shall not be required to pay for any claim for
<br />services furnished by the City not specifically provided for herein.
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<br />15. Compliance with Laws and Regulations. The City shall abide with all federal, state and
<br />local laws, statutes, ordinances, rules and regulations in the performance of the Work.
<br />The City and Metro-INET, together with their respective agents and employees, agree to
<br />abide by the provisions of the Minnesota Data Practices Act, Minnesota Statutes Section
<br />13, as amended, and Minnesota Rules promulgated pursuant to Chapter 13.
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<br />16. Waiver. Any waiver by either Party of a breach of any provisions of this Agreement
<br />shall not affect, in any respect, the validity of the remainder of this Agreement or either
<br />PartyÓs ability to enforce a subsequent breach.
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<br />17. Indemnification. Each party agrees to defend, indemnify and hold harmless the other
<br />and their elected officials, members, board members, executive director, officers, agents,
<br />employees and representatives from and against all liability, claims, damages, costs,
<br />judgments, losses and expenses, including but not limited to reasonable attorneyÓs fees,
<br />arising out of or resulting from any of their own negligent or wrongful act or omission, its
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