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• 9. DEFAULT <br /> 9.1 Failure by Contractor to conform with the provisions of this Contract may <br /> result in the termination of this Contract and/or liability to the City for damages. <br /> 9.2 In the event of such failures, Contractor agrees to pay, in addition to the <br /> actual damages sustained by the City as a result thereof, attorney's fees incurred by <br /> the City in pursuing any of its rights under this Contract. <br /> 9.3 Upon failure of Contractor to fulfill any of the provisions of the Contract, <br /> the City is authorized to hire such a person, or assign City employees and <br /> equipment, as may be necessary, to do such work and the cost and expense thereof <br /> may be charged and deducted from monies due Contractor, collected from <br /> Contractor, or collected by recourse against Contractor's bond. <br /> 10. NONDISCRIMINATORY PRACTICES <br /> 10.1 Minnesota Statutes, Section 181.59, which prohibits discrimination on <br /> account of race, creed, or color in the performance of public contracts, is made a part <br /> of this Contract with the same force and effect as if set out herein verbatim. <br /> • 11. SUCCESSORS AND ASSIGNS <br /> 11.1 Contractor binds itself and its successors and assigns to the City in respect <br /> to all covenants of this Contract, except that Contractor shall not subcontract, assign <br /> or transfer all or any part of its interest in this Contract nor shall Contractor assign <br /> any monies due, or to become due under this Contract, without the City's prior <br /> written consent. <br /> 12. WHOLE AGREEMENT <br /> 12.1 This Contract embodies the entire agreement between the parties <br /> including all prior understandings and agreements and may not be modified except <br /> in writing by all parties. <br /> • -5- <br />