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• 4 . DEFAULT <br /> Any of the following shall constitute default on the part of the <br /> City: <br /> a. The failure of the City to use funds in a manner consistent with <br /> this contract and Attachment A. <br /> b. The failure of the City or its ( sub)contractor( s ) to use their <br /> best efforts to ensure the maximum collection and marketing of <br /> recyclable materials from the area served. <br /> c. The failure of the City to provide information satisfactory to the <br /> County as required in this Agreement. <br /> 5. GENERAL CONDITIONS <br /> a. All services and duties performed by the City pursuant to this <br /> Agreement shall be performed to the satisfaction of the County and <br /> in accordance with all applicable federal, state, and local laws, <br /> ordinances, rules, and regulations as a condition of payment. The <br /> City agrees that it will comply with all federal, state, and local <br /> statutes and ordinances relating to nondiscrimination. <br /> b. The City shall at all times be an independent contractor and shall <br /> • not be the employee of the County for any purpose. The County <br /> shall not be responsible for the payment of any taxes, either <br /> federal or state, on behalf of the City, nor shall the County be <br /> responsible for any fringe benefits . No Civil Service or other <br /> rights of employment will be acquired by virtue of City' s services . <br /> c. The City and County mutually agree to defend, hold harmless, and <br /> indemnify the other party, its officials, agents, and employees, <br /> from any liability, loss, or damage they may suffer as a result of <br /> demands, claims, judgments, or costs arising out of or caused by <br /> the indemnifying party' s negligence in the performance of their <br /> respective obligations under the provisions of this Agreement. <br /> This provision shall not be construed nor operate as a waiver of <br /> any applicable limits of or exceptions to liability set by law. <br /> d. All data created, collected, received, maintained, or disseminated <br /> for any purpose in the course of this Agreement is governed by the <br /> Minnesota Government Data Practices Act, Minn. Stat. Ch. 13 ( 1990 ) , <br /> any other applicable state statute, or any state rules adopted to <br /> implement the act, as well as federal regulations on data privacy. <br /> The City agrees to abide by these statutes, rules, and regulations. <br /> e. All books, records, documents, and accounting procedures and <br /> practices of the City and its ( sub)contractor( s ) , if any, relative <br /> to this Agreement are subject to examination by the County and the <br /> • State Auditor, as appropriate, in accordance with the provisions of <br /> Minn. Stat. 16B.06, Subd. 4 ( 1990 ) . <br />