12-04-2017 Council Packet - Laserfiche WebLink

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7 for the remainder of the contract term unless undertaken with the Contractor, unless said restriction is waived in advance, in writing by the Contractor. However, should Lino Lakes elect to terminate this Agreement for-cause due to an uncured breach by the Contractor, Lino Lakes shall not be precluded from entering into any other agreement for the collection, identification, packaging, hauling, recycling and/or disposing of Soft Recyclables. In the event of a breach of the terms and conditions of this Agreement by either Party hereunder, the non-breaching Party may elect to terminate this Agreement by providing the defaulting Party with a written notice of such default, and allowing the breaching Party a period of thirty (30) days from and after the date of such notice to cure the breach complained of to the satisfaction of the non-breaching Party. In the event said breach is not cured within the thirty (30) day period, this Agreement shall be terminated (for-cause) as of the last day of the period. In the event Lino Lakes is the non-defaulting party, Contractor agrees to furnish services under this Agreement until such time as another Soft Recyclables collection and disposal contractor can be selected by Lino Lakes. 27. Severability. Should one or more of the provisions of this Agreement be held by any court to be invalid, void or unenforceable, the remaining provisions shall nevertheless remain and continue in full force and effect, provided that the continuation of such remaining provisions does not materially change the original intent of this Agreement. 28. Independent Contractor Status. In the performance of services pursuant to this Agreement, Contractor shall be an independent contractor and not an officer, agent, servant or employee of Lino Lakes. Contractor shall have exclusive control over the details of the service and work performed and over all persons performing such service and work. Contractor shall be solely responsible for the acts and omissions of its officers, agents, employees, Contractors and subcontractors, if any. Neither Contractor nor its officers, agents, employees or subcontractors shall obtain any right to retirement benefits, Workers’ Compensation benefits, or any other benefits which accrue to Lino Lakes employees and Contractor expressly waives and claim it may have or acquire to such benefits. 29. No Assignment. This Agreement, or any interest herein, shall not be transferred, sold, nor assigned by either Party to any person, firm, or corporation, without the prior written consent of the other Party. 30. Entire Agreement. This Agreement supersedes any prior or contemporaneous representation or agreements, whether written or oral, between the Parties and contains the entire agreement 31. Amendments. Any modification or amendment of this Agreement shall require a written agreement signed by both parties. 32. Nondiscrimination. In the hiring of employees to perform work under this Agreement, the Contractor shall not discriminate against any person by reason of any characteristic or classification protected by state or federal law.