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Page 31 that Contractor shall well and truly perform and carry out the covenants, terms, and conditions of the Contract in strict accordance with its provisions, and shall not be cancelable during the term of this Contract. The form and content of the letter of credit or escrow agreement shall be in a form approved by the parties, and shall be in place for the entire duration of this Contract. The City shall be able to draw upon the letter or credit or escrow account if it follows the procedures set forth below, even if there is a dispute as to whether there has been an act or omission that would entitle the City to draw upon the letter of credit or escrow account. Whenever the City draws upon the letter of credit or escrow account and the payment is not disputed, the Contractor shall replenish the letter of credit or escrow account to its full original value within ten (10) business days after the Contract has been tendered delivery by certified mail, return receipt requested, of the City’s request for payment. If the Contractor fails to pay the City after ten (10) business days’ notice of imposition of liquidated damages, or fails to repay the City within ten (10) business days of any damages, costs, or expenses which the City incurs as a result of the Contractor’s failure to fulfill its obligations, the City may immediately request and receive payment of the amount thereof from the financial institution holding the letter of credit or escrow account, and upon making such request for payment, the City shall notify the Contract or the amount and date thereof. The rights reserved to the City with respect to the letter of credit or escrow account are in addition to all other rights of the City, and no action. proceeding or exercise of a right with respect to such letter of credit or escrow account shall affect any other right the City may have. If the City draws on a letter of credit or escrow account in error, or if through negotiation, mediation, court action, or other resolution of the dispute it is determined that all or a portion of the draw should be refunded, the City shall refund such amount within ten (10) business days. 23.NON-DISCRIMINATORY PRACTICES Minnesota Statutes, Section 181.59, which prohibits discrimination on account of race, creed, or color in the performance of public contracts, is made a part of this request with the same force and effect as if set out herein verbatim. The Contract to be awarded will require the Contractor to agree: 1.That, in the hiring, pay or promotion of common or skilled labor for the performance of any work under any contract, or any subcontract, no Contractor, material supplier, or vendor, shall discriminate against any persons who are legally eligible to work in the United States and who are qualified and available to perform the work to which the employment relates; 2.That no Contractor, material supplier, or vendor, shall, in any manner, discriminate against, or intimidate, or prevent the employment or performance of work of any person or persons identified in clause one of this section. 3.That a violation of this section is a misdemeanor.