12-19-2001 Council Agenda - Laserfiche WebLink

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showing that the Contractor has in effect the aforesaid insurance covering both the City and the Contractor. VI. NONDISCRIMINATION. The Contractor agrees that, during the life of this Contract, the Contractor will not, within the State of Minnesota, discriminate against any employee or applicant for employment because of race, color, creed, national origin, or ancestry, and will include a similar provision in all subcontracts entered into for the performance thereof. This Contract may be cancelled or terminated by the City, and all money due or to become due hereunder may be forfeited for a second or subsequent violation of the terms and conditions of this paragraph. This paragraph is inserted in this Contract to comply with the provisions of Minnesota Statutes, Section 181.59. VII. TRANSFER, ASSIGNMENT, AND LIENS. SUBLETTING OR ASSIGNMENT OF CONTRACT. A. Transfer or Sale. Upon notification to the City, The Contractor may sell, assign, convey, lease, or transfer sublet all or part of this Contract with the City's prior written approval. The City shall be entitled to require, except as otherwise provided in this Contract, as conditions to any such approval that: 1. Any proposed transferee shall have the qualifications and financial responsibility, as reasonably determined by the City, necessary and adequate to fulfill the obligations undertaken in this Contract by Contractor and 2. The transfer does not create an anti -trust situation in the local refuse hauling industry that is contrary to the public interest of the residents of Little Canada; and 3. Any proposed transferee, by instrument in writing satisfactory to the City for itself and their successors and assigns, and expressly for the benefit of the City, have expressly assumed all of the obligations of service under this Contract and agreed to be subject to all the conditions and restrictions to which service is subject. It is the intent of this Section, together with other provisions of this Contract, that (to the fullest extent permitted by law and equity and excepting only in the manner and to the extent specifically provided otherwise in this Contract) no transfer of, or change with respect to, ownership or any part thereof, or any interest therein, however, consummated or occurring, whether voluntary or involuntary, shall operate, legally or practically, to deprive or limit the City of or with respect to any rights or remedies or controls provided in or resulting from this Contract; and 4. There shall be submitted to the City for review all instruments and other legal documents involved in affecting such transfer, and if approved by the City, its approval shall be indicated to the Contractor in writing. The proposed transferee -17- Page 158