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