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o <br /> <br />Guaranty of Nondiscrimination. <br /> <br />The Contractor agrees that during the life of the Agreement, the Contractor <br />will not, within the State of Minnesota,' discriminate against any employee <br />or applicant for employment because of race, color, creed, national origin <br />or ancestry, or sex, and will include a similar provision in all subcontracts <br />entered into for the performance thereof. The Agreement may be <br />cancelled or terminated by the City, and all money due or to become due <br />may be forfeited for a second or subsequent violation of the terms or <br />conditions of this paragraph. This paragraph is inserted in the Agreement <br />to comply with the provisions of Minnesota Statutes, § 181.59. <br /> <br />Assignment and Transfer. <br /> <br />(a) <br /> <br />(b) <br /> <br />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 or agreement to do any of the same, <br />without the prior ~vritten approval of the City, which approval will <br />not be unreasonably withheld. <br /> <br />The City shall be entitled to require, except as otherwise provided <br />in this Agreement, as conditions to any such approval that: <br /> <br />1) <br /> <br />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 /> <br />2) <br /> <br />The transfer does not create an anti-trust situation in the <br />local refuse hauling industry that is contrary to the public <br />interest of the residents of Elk River; and <br /> <br />3) <br /> <br />Any proposed transferee, by instrument in writing <br />satisfactory to the City for itself and their successors and <br />assigns, and bxpressly for the benefit of the City, have <br />expressly assumed all of the obligations of service under <br />this Agreement and agreed to be subject to all the <br />conditions and restrictions to which service is subject. It is <br />the intent of this Section IV.E.8., together with other <br />provisions of this Agreement, that (to the fullest extent <br />permitted by law and equity and excepting only in the <br />manner and to the extent specifically provided otherwise in <br /> <br /> <br />