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05-22-2019 Council Packet
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05-22-2019 Council Packet
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Page 8 <br />M. CONTINGENT FEE <br /> <br />The CONSULTANT warrants that it has not employed or retained any company or person, <br />other than a bona fide employee working solely for the CONSULTANT to solicit or secure this <br />Agreement, and that it has not paid or agreed to pay any company or person, other than a bona <br />fide employee, any fee, commission, percentage, brokerage fee, gift or any other consideration, <br />contingent upon or resulting from award or making of this Agreement. <br /> <br />N. NON-DISCRIMINATION <br /> <br />The provisions of any applicable law or ordinance relating to civil rights and discrimination shall <br />be considered part of this Agreement as if fully set forth herein . <br /> <br />The CONSULTANT is an Equal Opportunity Employer and it is the policy of the <br />CONSULT ANT that all employees, persons seeking employment, subcontractors, subconsultants <br />and vendors are treated without regard to their race, religion, sex, color, national origin , <br />disability , age, sexual orientation, marital status, public assistance status or any other <br />characteristic protected by federal , state or local law . <br /> <br />O. CONTROLLING LAW <br /> <br />This Agreement is to be governed by the law of the State of Minnesota. <br /> <br />P. DISPUTE RESOL U TION <br /> <br />CLIENT and CONSULT ANT agree to negotiate all disputes between them in good faith for a <br />period of thirty (30) days from the date of notice of dispute prior to proceeding to formal <br />dispute resolution or exercising their rights under law. Any claims or disputes unresolved after <br />good faith negotiations shall first be submitted to mediation by a mediator mutually agreeable <br />to the parties. CONSULT ANT and the CLIENT agree to require an equivalent mediation process <br />governing all contractors, sub-contractors, suppliers, consultants, and fabricators concerned with <br />this Agreement. The parties reserve all rights and remedies available to them at law or in <br />equity in the event the dispute is not resolved by mediation. In the event of mediation, mediation <br />shall occur thirty days after any claims or disputes unresolved. The cost of mediation shall be the <br />responsibility of the Consultant fifty percent and the Client fifty percent. <br /> <br />Q. SURVIVAL <br /> <br />All obligations, representations and provisions made in or given in Section IV of this <br />Agreement will survive the completion of all services of the CONSULT ANT under this <br />Agreement or the termination of this Agreement for any reason. <br /> <br />R. SEVERABILITY <br /> <br />Any provision or part of the Agreement held to be void or unenforceable under any law or <br />regulation shall be deemed stricken , and all remaining provisions shall continue to be valid and <br />binding upon CLIENT and CONSULTANT, who agree that the Agreement shall be reformed <br />to replace such stricken provision or part thereof with a valid and enforceable provision that <br />comes as close as possible to expressing the intention of the stricken provision.
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