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d. If a general assignment of assets is made for the benefit of a Hauler's creditors and
<br /> such assignment impacts Hauler's obligation or ability to satisfy its obligations under
<br /> this Contract;or
<br /> e. If a receiver is appointed for Hauler of any of its property and such appointment
<br /> impacts Hauler's obligation or ability to satisfy its obligations under this Contract.
<br /> 12.1.2 The City may take whatever action at law or in equity to collect damages arising from
<br /> a default of this Contract.In the event of a material default,the City must serve written
<br /> notice upon Hauler of the City's intent to terminate this Contract. Unless Hauler has
<br /> cured the material default within thirty(30)days after the City served such notice of
<br /> default, the Contract shall terminate. The City and Hauler may agree, with the prior
<br /> written consent of both parties,to a continuance of the period in which the Hauler must
<br /> cure the material default.
<br /> 12.1.3 In the event of material default or nonperformance on the part of a Hauler,Hauler shall
<br /> be liable to the City for all excess costs sustained by the City by reason of Hauler's
<br /> material default.Should such costs to the City be greater,Hauler shall be liable for and
<br /> pay any amount of such excess to the City.
<br /> 12.1.4 In the event of Hauler's material default under the terms of this Contract,the Surety on
<br /> the Performance Bond shall assume the Contract, and expense incurred by reason of
<br /> such default shall be due and payable to such Surety.
<br /> 12.2 Mediation
<br /> The City and Hauler agree to submit all claims,disputes,and other matters in question between
<br /> the parties arising out of or relating to this Contract to mediation. This dispute resolution
<br /> process shall apply, without limitation, to disputes regarding whether a sufficient basis for
<br /> termination exists and other disputes.In the event mediation is unsuccessful,either party may
<br /> exercise its legal or equitable remedies and may commence such action prior to the expiration
<br /> of the applicable statute of limitations.
<br /> 13 Compliance with Specific Laws
<br /> 13.1 Nondiscrimination Clause
<br /> During the performance of the Contract, Hauler shall be in compliance with applicable
<br /> federal,state,county,and city laws,statutes,regulations,ordinances,and policies,including
<br /> without limitation, Hauler agrees to abide by the prohibitions and penalties of Minnesota
<br /> Statutes, Section 181.59, and will not discriminate against any employee or applicant for
<br /> employment because of race, color, creed, religion, ancestry, national origin, sex, sexual
<br /> orientation, gender identity, gender expression, disability, age, marital status, genetic
<br /> information,status with regard to public assistance,veteran status,or familial status.Hauler
<br /> will take affirmative action to ensure that all employment practices are free of such
<br /> discrimination. Such employment practices include, but are not limited to, the following:
<br /> hiring, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff,
<br /> termination,rates of pay or other forms of compensation,and selection for training,including
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