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03-08-2023 Council Packet
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03-08-2023 Council Packet
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<br />Page 7 <br />In the event of termination, the CLIENT shall be obligated to the CONSULTANT for payment of amounts <br />due and owing including payment for services performed or furnished to the date and time of termination, <br />computed in accordance with Section III of this Agreement. Upon payment the Consultant shall furnish all <br />materials and data that client has paid for. <br />M. CONTINGENT FEE <br />The CONSULTANT warrants that it has not employed or retained any company or person, other than a <br />bona fide employee working solely for the CONSULTANT to solicit or secure this Agreement, and that it <br />has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, <br />percentage, brokerage fee, gift or any other consideration, contingent upon or resulting from award or <br />making of this Agreement. <br />N. NON-DISCRIMINATION <br />The provisions of any applicable law or ordinance relating to civil rights and discrimination shall be <br />considered part of this Agreement as if fully set forth herein. <br />The CONSULTANT is an Equal Opportunity Employer and it is the policy of the CONSULTANT that all <br />employees, persons seeking employment, subcontractors, subconsultants and vendors are treated without <br />regard to their race, religion, sex, color, national origin, disability, age, sexual orientation, marital status, <br />public assistance status or any other characteristic protected by federal, state or local law. <br />0. CONTROLLING LAW <br />This Agreement is to be governed by the law of the State of Minnesota. <br />P. DISPUTE RESOLUT ION <br />CLIENT and CONSULTANT agree to negotiate all disputes between them in good faith for a period of <br />thirty (30) days from the date of notice of dispute prior to proceeding to formal dispute resolution or <br />exercising their rights under law. Any claims or disputes unresolved after good faith negotiations shall <br />first be submitted to mediation by a mediator mutually agreeable to the parties. CONSULTANT and the <br />CLIENT agree to require an equivalent mediation process governing all contractors, sub -contractors, <br />suppliers, consultants, and fabricators concerned with this Agreement. The parties reserve all rights and <br />remedies available to them at law or in equity in the event the dispute is not resolved by mediation. In the <br />event of mediation, mediation shall occur thirty days after any claims or disputes unresolved. The cost of <br />mediation shall be the responsibility of the Consultant fifty percent and the Client fifty percent. <br />Q. SURVIVAL <br />All obligations, representations and provisions made in or given in Section IV of this Agreement will <br />survive the completion of all services of the CONSULTANT under this Agreement or the terminat ion of <br />this Agreement for any reason. <br />R. SEVERABILITY <br />Any provision or part of the Agreement held to be void or unenforceable under any law or regulation shall <br />be deemed stricken, and all remaining provisions shall continue to be valid and binding upon CLIENT and <br />CONSULTANT, who agree that the Agreement shall be reformed to replace such stricken provision or part <br />thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of
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