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