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<br />4. INDEPENDENT CONTRACTOR. 4 CCR 801-2 <br /> <br />THE CONTRACTOR SHALL PERFORM ITS DUTIES HEREUNDER AS AN INDEPENDENT CONTRACTOR AND NOT AS AN <br />EMPLOYEE. NEITHER THE CONTRACTOR NOR ANY AGENT OR EMPLOYEE OF THE CONTRACTOR SHALL BE OR <br />SHALL BE DEEMED TO BE AN AGENT OR EMPLOYEE OF THE STATE. CONTRACTOR SHALL PAY WHEN DUE ALL <br />REQUIRED EMPLOYMENT TAXES AND INCOME TAX AND LOCAL HEAD TAX ON ANY MONIES PAID BY THE STATE <br />PURSUANT TO THIS CONTRACT. CONTRACTOR ACKNOWLEDGES THAT THE CONTRACTOR AND ITS EMPLOYEES <br />ARE NOT ENTITLED TO UNEMPLOYMENT INSURANCE BENEFITS UNLESS THE CONTRACTOR OR THIRD PARTY <br />PROVIDES SUCH COVERAGE AND THAT THE STATE DOES NOT PAY FOR OR OTHERWISE PROVIDE SUCH <br />COVERAGE. CONTRACTOR SHALL HAVE NO AUTHORIZATION, EXPRESS OR IMPLIED, TO BIND THE STATE TO ANY <br />AGREEMENTS, LIABILITY, OR UNDERSTANDING EXCEPT AS EXPRESSLY SET FORTH HEREIN. CONTRACTOR <br />SHALL PROVIDE AND KEEP IN FORCE WORKERS' COMPENSATION (AND PROVIDE PROOF OF SUCH INSURANCE <br />WHEN REQUESTED BY THE STATE) AND UNEMPLOYMENT COMPENSATION INSURANCE IN THE AMOUNTS <br />REQUIRED BY LAW, AND SHALL BE SOLELY RESPONSIBLE FOR THE ACTS OF THE CONTRACTOR, ITS EMPLOYEES <br />AND AGENTS. <br /> <br />5. NON-DISCRIMINATION. <br /> <br />The contractor agrees to comply with the letter and the spirit of all applicable state and federal laws <br />respecting discrimination and unfair employment practices. <br /> <br />6. CHOICE OF LAW. <br /> <br />The laws of the State of Colorado and rules and regulations issued pursuant thereto shall be applied in <br />the interpretation, execution, and enforcement of this contract. Any provision of this contract, whether <br />or not incorporated herein by reference, which provides for arbitration by any extra-judicial body or <br />person or which is otherwise in conflict with said laws, rules, and regulations shall be considered null <br />and void. Nothing contained in any provision incorporated herein by reference which purports to negate <br />this or any other special provision in whole or in part shall be valid or enforceable or available in any <br />action at law whether by way of complaint, defense, or otherwise. Any provision rendered null and void <br />by the operation of this provision will not invalidate the remainder of this contract to the extent that the <br />contract is capable of execution. <br /> <br />At all times during the performance of this contract, the Contractor shall strictly adhere to all applicable <br />federal and State laws, rules, and regulations that have been or may hereafter be established. <br /> <br />7. VENDOR OFFSET. CRS 24-30-202 (1) &CRS 24-30-202.4 <br /> <br />Pursuant to CRS 24-30-202.4 (as amended), the State Controller may withhold debts owed to State <br />agencies under the vendor offset intercept system for: (a) unpaid child support debt or child support <br />arrearages; (b) unpaid balance of tax, accrued interest, or other charges specified in Article 21, Title <br />39, CRS; (c) unpaid loans due to the Student Loan Division of the Department of Higher Education; (d) <br />owed amounts required to be paid to the Unemployment Compensation Fund; and (e) other unpaid <br />debts owing to the State or any agency thereof, the amount of which is found to be owing as a iesult of <br />final agency determination or reduced to judgment as certified by the controller. <br /> <br />8. 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 personal or <br />beneficial interest whatsoever in the service or property described herein. <br /> <br />Revised: 12/1/01 <br /> <br />Page 8 of 9 <br /> <br />Loan Contract <br />