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worker's representative of the Borrower's commitments hereunder, and shall post <br />copies of the notice in conspicuous places available to employees and applicants for <br />employment. <br />4. EEO/AA Statement. The Borrower shall, in all solicitations or advertisements for <br />employees placed by or on behalf of the Borrower, state that it is an equal opportunity <br />or affirmative action employer. <br />C. Conduct. <br />1. Assignability. Except as set forth in the Rider (attached hereto), the Borrower shall not <br />assign or transfer any interest in this Loan Agreement (whether by assignment or <br />novation) without the prior written consent of the City; provided, however, that claims <br />for money due or to become due to the Borrower from the City under this Loan <br />Agreement may be assigned to a bank, trust company, or other financial institution <br />without such approval. Notice of any such assignment or transfer shall be furnished <br />promptly to the City. <br />2. Subcontracts. <br />(a) Selection Process. The Borrower shall undertake to insure that all contracts and <br />subcontracts let in the performance of this Loan Agreement shall be awarded on <br />a fair and open competition basis. Executed copies of all contracts and <br />subcontracts along with documentation concerning the selection process shall <br />be forwarded to the City upon request. <br />(b) Monitoring. The City may monitor contracted services on a regular basis to <br />assure contract compliance. Results of monitoring efforts shall be summarized <br />in written reports and supported with documented evidence of follow-up <br />actions taken to correct areas of noncompliance. <br />(c) OSHA. Borrower shall require that contractors performing work being paid <br />with the Loan funds be in compliance with all applicable OSHA regulations, <br />especially the Federal Hazardous Waste Operations an Emergency Response <br />Standards (29 C.F.R. 1910.120 and 29 C.F.R. 1926.65). <br />13. MISCELLANEOUS. <br />A. Copyright. If this Loan Agreement results in any copyrightable material, the author is free to <br />copyright the work, but the City and/or the Council reserves the right to royalty -free, <br />nonexclusive and irrevocable license to reproduce, publish or otherwise use, and to authorize <br />others to use, the work for government purposes. <br />B. Religious Organization. The Borrower agrees that funds provided under this Loan Agreement <br />will not be utilized for religious activities, to promote religious interests, or for the benefit of a <br />religious organization. <br />C. Plain Language Law. To the extent applicable, the Borrower shall comply with provisions of <br />the plain language law requiring written material produced for applicants and recipients to be <br />understandable to a person who reads at the seventh grade level (Minnesota Statutes, Section <br />268.0124, 1988). <br />7 <br />US.113578590.01 <br />