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38 <br /> • Contract No. 5022M1 <br /> Agreement No. PW 27-1.0-01 <br /> Also, any and all employees of the County and all other persons engaged by the County in <br /> the performance.of any work or services required or provided for herein to be performed by the <br /> County shall not be considered employees of the City, and that any and all claims that may or <br /> might arise under the Worker's Compensation Act or the Unemployment Compensation Act of <br /> the State of Minnesota on behalf of said employees while so engaged and any and all claims <br /> made by any third parties as a consequence of any act or omission on the part of said employees <br /> while so engaged on any of the work or services provided to be rendered herein shall in no way <br /> be the obligation or responsibility of the City. <br /> V <br /> If the City fails to perform any of the provisions of this Agreement or so fails to administer <br /> the work as to endanger the performance of the Agreement, this shall constitute a default. Unless <br /> the City's default is excused by Hennepin County, Hennepin County may upon written notice <br /> immediately cancel this Agreement in its entirety. <br /> Hennepin County's failure to insist upon strict performance of any provision or to exercise <br /> any right under this Agreement.shall not be deemed a relinquishment or waiver of the same, <br /> unless.consented to in writing. Such consent shall not constitute a general waiver or <br /> • relinquishment throughout the entire term of the Agreement. <br /> VI <br /> Upon failure of the City to perform any of the work named herein under the terms of this <br /> Agreement, Hennepin County may do and perform such work or cause it to be done and <br /> performed, and may retain from any monies then due to the City under this Agreement,or <br /> thereafter becoming due, any such amount as is required for the completion of such work, <br /> provided however,that this paragraph shall not be construed to relinquish any right of action <br /> which may accrue in behalf of the County as against the City for any breach of Agreement. <br /> VII <br /> The City shall not assign, subcontract,transfer, or pledge this contract and/or the services <br /> to be performed hereunder without prior approval from Hennepin_County. <br /> VIII <br /> It is understood that all persons working on such highways are employees of the City or its <br /> contractors or agents and are in no way employed by the County,provided,however, that this <br /> provision shall not apply to persons employed directly by the County, or by contractors other <br /> • than the City, engaged by the County. All contracts and agreements made by the City with third <br /> parties for the performance of any work to be done under this Agreement shall be subject to the <br /> -4- <br />