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action brought against the City on any such matters and to pay and satisfy <br />any judgment entered thereon, together with all costs and expenses <br />incurred in connection therewith. Notwithstanding the foregoing, <br />Contractor shall not be liable for any loss or damages due to Unacceptable <br />Wase being included in the waste stream or to the extent such loss or <br />damages are caused by the City or a third party. <br />6. Guaranty of Nondiscrimination. The Contractor agrees that during the life <br />of the Agreement, the Contractor will not, within the State of Minnesota, <br />discriminate against any employee or applicant for employment because <br />of race, color, creed, national origin or ancestry, or sex, and will include a <br />similar provision in all subcontracts entered into for the performance <br />thereof. The Agreement may be cancelled or terminated by the City, and <br />all money due or to become due may be forfeited for a second or <br />subsequent violation of the terms or conditions of this paragraph. This <br />paragraph is inserted in the Agreement to comply with the provisions of <br />Minnesota Statutes § 181.59. <br />7. Assignment and Transfer. <br />a. The Contractor will not make or create, or suffer to be made or <br />created, any total or partial sale, assignment, conveyance, or lease, <br />or any trust or power, or transfer in any other mode or form of or <br />with respect to this Agreement or any part thereof or any interest <br />therein, or any agreement to do any of the same, without the prior <br />written approval of the City, which approval will not be <br />unreasonably withheld. <br />b. The City shall be entitled to require, except as otherwise provided <br />in this Agreement, as conditions to any such approval that: <br />1) Any proposed transferee shall have the qualifications and <br />financial responsibility, as reasonably determined by the <br />City, necessary and adequate to fulfill the obligations <br />undertaken in this Agreement by Contractor; and <br />2) The transfer does not create an anti-trust situation in the <br />local garbage hauling industry that is contrary to the public <br />interest of the residents of Elk River; and <br />3) Any proposed transferee, by instrument in writing <br />satisfactory to the City for itself and their successors and <br />assigns, and expressly assumed all of the obligations of <br />service under this Agreement and agreed to be subject to all <br />the conditions and restrictions to which service is subject. It <br />is the intent of this Section IV.E.7., together with other <br />16 <br />221122v2 <br />