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and stating that all qualified applicants will receive consideration for employment. The
<br />Consultant shall incorporate the foregoing requirements of this paragraph in all of its
<br />subcontracts for program work, and will require all of its subcontractors for such work to
<br />incorporate such requirements in all subcontracts for program work. The Consultant further
<br />agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes
<br />363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act
<br />of 1990.
<br />13. Assignment. Neither party shall assign this Agreement, nor any interest arising herein, without
<br />the written consent of the other party.
<br />14. Services Not Provided For. No claim for services furnished by the Consultant not specifically
<br />provided for herein shall be honored by the City.
<br />15. Severability. The provisions of this Agreement are severable. If any portion hereof is, for any
<br />reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not
<br />affect the remaining provisions of this Agreement.
<br />16. Entire Agreement. The entire agreement of the parties is contained herein. This Agreement
<br />supersedes all oral agreements and negotiations between the parties relating to the subject
<br />matter hereof as well as any previous agreements presently in effect between the parties
<br />relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the
<br />provisions of this Agreement shall be valid only when expressed in writing and duly signed by
<br />the parties, unless otherwise provided herein.
<br />17. Compliance with Laws and Regulations. In providing services hereunder, the Consultant
<br />shall abide by statutes, ordinances, rules and regulations pertaining to the provisions of services
<br />to be provided. The Consultant and City, together with their respective agents and employees,
<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. Subject to
<br />the professional standard of care identified in Paragraph 7, a violation of statutes, ordinances,
<br />rules and regulations pertaining to the services to be provided shall constitute a material breach
<br />of this Agreement and entitle the City to immediately terminate this Agreement.
<br />18. Waiver. Any waiver by either party of a breach of any provisions of this Agreement shall not
<br />affect, in any respect, the validity of the remainder of this Agreement.
<br />19. Indemnification. Consultant agrees to defend, indemnify and hold the City, its officers, and
<br />employees harmless from any liability, claims, damages, costs, judgments, or expenses,
<br />including reasonable attorney's fees, to the extent resulting from a negligent act or omission
<br />(including without limitation professionally negligent errors or omissions) of the Consultant, its
<br />agents, employees, or subcontractors in the performance of the services provided by this
<br />Agreement and against all losses by reason of the failure of said Consultant fully to perform, in
<br />all material respects, the obligations under this Agreement.
<br />20. Insurance.
<br />A. General Liability. Prior to starting the Work, Consultant shall procure, maintain and pay
<br />for such insurance as will protect against claims for bodily injury or death, or for damage
<br />to property, including loss of use, which may arise out of operations by Consultant or by
<br />any subcontractor or by anyone employed by any of them or by anyone for whose acts
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