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5. All services provided pursuant to this Agreement shall be provided by CONSULTANT as an <br />independent contractor and not as an employee of the CITY for any purpose. Any and all <br />employees, subcontractors, and agents of CONSULTANT, or any other person engaged by <br />CONSULTANT in the performance of work or services pursuant to this Agreement, shall not <br />be considered employees of the CITY. Any and all actions which arise as a consequence of <br />any act or omission on the part of CONSULTANT, its employees, subcontractors or agents, <br />or other persons engaged by CONSULTANT in the performance of work or services pursuant <br />to this Agreement, shall not be the obligation or responsibility of the CITY. CONSULTANT, its <br />employees, subcontractors, or agents shall not be entitled to any of the rights, privileges, or <br />benefits of the City’s employees, except as otherwise stated herein. <br /> <br /> 6. Term. This Agreement may be terminated by either party at any time by providing 30 days’ <br />written notice as described below. <br /> <br />7. Any notice required by this Agreement shall be either hand delivered or sent by certified <br />mail, return receipt requested, to the addresses for the Parties. <br /> <br />8. Neither party shall assign this Agreement without the prior written consent of the other <br />party. <br /> <br />9. Any waiver by either party of a breach of any provisions of this Agreement shall not affect in <br />any respect the validity of the remainder of this Agreement. <br /> <br />10. If any portion of this Agreement is held invalid by a court of competent jurisdiction, such <br />decision shall not affect the validity of any remaining portion of the Agreement. <br /> <br />11. This Agreement shall be governed by and construed in accordance with the laws of the <br />State of Minnesota. Any disputes, controversies, or claims arising out of this Agreement <br />shall be heard in the state or federal courts of Minnesota. All Parties to this Agreement <br />waive any objection to the jurisdiction of these courts, whether based on convenience or <br />otherwise. <br /> <br />12. This Agreement shall constitute the entire agreement between the CITY and the <br />CONSULTANT and supersedes any other written or oral agreements between the CITY and <br />the CONSULTANT. This Agreement can only be modified in writing signed by the CITY and <br />CONSULTANT. <br /> <br />IN WITNESS WHEREOF, the Parties hereto have made and executed this Agreement the day and <br />year first above written. <br /> <br />CITY Little Canada <br /> <br /> <br />By: _________________________________________________ <br />Its: Mayor <br /> <br />By ___________________________________________________ <br />Its: City Administrator <br />