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<br />3. INDEMNIFICATION. <br /> <br />To the extent authorized by law. the BORROWER shall indemnify, save. and hold harmless the <br />State against any and all claims, damages, liability and court awards including costs, expenses. <br />and attorney fees incurred as a result of any act or omission by the BORROWER. or its <br />employees, agents. subcontractors, or assignees pursuant to the terms of this contract, or as a <br />result of the CWCB's interest in the PROJECT facilities and any other property identified in <br />Section 6 (Collateral) of the Project Summary. <br />No term or condition of this contract shall be construed or interpreted as a waiver. express or <br />implied, of any of the immunities, rights, benefits. protection. or other provisions for the parties. of <br />the Colorado Governmental Immunity Act, CRS 24-10-101 et seq. or the Federal Tort Claims <br />Act, 28 U.S.C. 2671 et seq. as applicable, as now or hereafter amended. <br />4. NON-DISCRIMINATION. <br /> <br />The BORROWER agrees to comply with the letter and the spirit of all applicable state and federal <br />laws respecting discrimination and unfair employment practices. <br />5. CHOICE OF LAW <br /> <br />The laws of the State of Colorado and rules and regulations issued pursuant thereto shall be <br />applied in the interpretation. execution, and enforcement of this contract. Any provision of this <br />contract, whether or not incorporated herein by reference, which provides for arbitration by any <br />extra-judicial body or person or which is otherwise in conflict with said laws, rules. and <br />regulations shall be considered null and void. Nothing contained in any provision incorporated <br />herein by reference which purports to negate this or any other special provision in whole or in <br />part shall be valid or enforceable or available in any action at law whether by way of complaint. <br />defense. or otherwise. Any provision rendered null and void by the operation of this provision will . <br />not invalidate the remainder of this contract to the extent that the contract is capable of <br />execution. <br />At all times during the performance of this contract. the Contractor shall strictly adhere to all <br />applicable federal and state laws, rules, and regulations that have been or may hereafter be <br />established. <br />6. SOFTWARE PIRACY PROHIBITION Governor's Executive Order 000200 <br />No State or other public funds payable under this Contract shall be used for the acquisition. <br />operation, or maintenance of computer software in violation of United States copyright laws or <br />applicable licensing restrictions. The Borrower hereby certifies that, for the term of this Contract <br />and any extensions, the BORROWER has in place appropriate systems and controls to prevent <br />such improper use of public funds. If the State determines that the BORROWER is in violation of <br />this paragraph, the State may exercise any remedy available at law or equity or under this <br />Contract, including. without limitation, immediate termination of the Contract and any remedy <br />consistent with United States copyright laws or applicable licensing restrictions. <br />7. EMPLOYEE FINANCIAL INTEREST. CRS 24-18-201 & CRS 24-50-507 <br /> <br />The signatories aver that to their knowledge. no employee of the State of Colorado has any <br />personal or beneficial interest whatsoever in the service or property described herein. <br />Revised April 1 . 2004 <br /> <br />Page 9 of 10 <br /> <br />