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6 Title to Solid Waste With the exception of Unacceptable Materials (including Hazardous Waste), as defined in this Contract,title to all Solid Waste and all incidents of ownership of the Solid Waste and Recyclable Materials shall pass to Hauler when such materials are placed into the Collection Vehicle.Ownership and liability of Unacceptable Materials shall remain with the individual RDU. 7 Assignment and Subcontractors 7.1 All proposed subcontractors shall be explicitly identified to the City by Hauler. 7.2 Neither party shall assign this Contract or any duties or interest arising therein, without the written consent of the other party. 7.3 Hauler shall be as fully responsible and accountable to the City for the acts and omissions of all its subcontractors,and of persons either directly or indirectly employed by Hauler,as they are for the acts and omissions of persons directly employed by them.Upon written notice from the City that a Subcontractor fails to perform its duties in a satisfactory manner,Hauler will investigate any and all such claims and report back to the City. 7.4 Nothing in this Contract shall create any contractual relationship between any subcontractor and the City. The Hauler and Hauler' Surety alone shall be held responsible for the full and faithful performance of this Contract,and all payments due to any subcontractor. 8 Rights of Use The Hauler agree that the City will own and have the right to use,reproduce and apply as it desires, any data,Contract routes,reports,analyses,and materials which are collected or developed by Hauler or anyone acting on behalf of Hauler as a result of this Contract. 9 Performance and Payment Bonds 9.1 Hauler are required to comply with the Public Contractors' Performance and Payment Bond Act,Minnesota State Statutes,Section 574.26 through 574.32,for all public works projects in excess of$175,000.Hauler shall furnish a Performance Bond and a separate Payment Bond. The value of each Performance bond will equal 100%of the annual value of the Services to be provided by each respective Hauler, or $175,000, whichever is greater. The value of the Payment bond shall equal the annual value of any subcontracts entered into by Hauler for Services under this Contract. The Performance and Payment Bonds shall be furnished by a corporate surety company authorized to do business in the State of Minnesota and acceptable to the City, subject to approval of the City Attorney as to form,within thirty(30)days after execution of this Contract. 9.2 A Performance Bond and Payment Bond continuation certificate shall be delivered to the City by Hauler at least thirty (30) days before the expiration of said bond. Failure of Hauler to provide a continuation certificate thirty(30)days before expiration of the bond shall constitute a material default on the part of Hauler as defined in Section 12.1.1 of the Contract. A-27 MU210\313\963095.v4