5.10 SR 01-03-2023 - Laserfiche WebLink

Home Browse Search

or sex, and will include a similar provision in all subcontracts entered into for the performance thereof. The Agreement may be cancelled or terminated by the City, and all money due or to become due may be forfeited for a second or subsequent violation of the terms or conditions of this paragraph. This paragraph is inserted in the Agreement to comply with the provisions of Minnesota Statutes 181.59. 7. Assignment and Transfer. a. The Contractor will not make or create, or suffer to be made or created, any total or partial sa1e, assignment, conveyance, or lease, or any trust or power, or transfer in any other mode or form of or with respect to this Agreement or any part thereof or any interest therein, or any agreement to do any of the same, without the prior written approval of the City, which approval will not be unreasonably withheld. b. The City shall be entitled to require, except as otherwise provided in this Agreement, as conditions to any such approval that: 1) Any proposed transferee shall have the qualifications and financial responsibility, as reasonably determined by the City, necessary and adequate to fulfill the obligations undertaken in this Agreement by Contractor; and 2) The transfer does not create an anti-trust situation in the local garbage hauling industry that is contrary to the public interest of the residents of Elk River; and 3) Any proposed transferee, by instrument in writing satisfactory to the City for itself and their successors and assigns, and expressly assumed all of the obligations of service under this Agreement and agreed to be subject to all the conditions and restrictions to which service is subject. It is the intent of this Section IV.E.7., together with other provisions of this Agreement, that (to the fullest extent permitted by law and equity and excepting only in the manner and to the extent specifically provided otherwise in this Agreement) no transfer of, or any interest therein, however consummated or occurring, whether voluntary or involuntary, shall operate, legally or practically, to deprive or limit the City of or with respect to any rights or remedies or controls provided in or resulting from this Agreement; and 4) There shall be submitted to the City for review all instruments and other legal documents involved in effecting such transfer, and if approved by the City, its approval shall be indicated to the Contractor in writing. The proposed transferee shall submit to the City for review all bonds, insurance certificates, and any and all other documents required by this Agreement, and if approved by the City, its approval shall be indicated to the proposed transferee in writing. 8. Payment of Subcontractors and Employees. The Contractor shall promptly pay all persons doing work or furnishing skills, tools, machinery, materials, insurance premiums, equipment or supplies and all just claims for such work, material, equipment, insurance, and supplies in and above the performance of this Agreement. 14