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<br />SPECIAL PROVISIONS <br /> <br />The Special Provisions apply to all contracts except where noted in italics. <br /> <br />1. CONTROLLER'S APPROVAL. CRS 24-30-202 (1). This contract shall not be deemed <br />valid until it has been approved by the Colorado State Controller or designee. <br /> <br />2. FUND AVAILABILITY. CRS 24-30-202(5.5). Financial obligations of the State payable <br />after the current fiscal year are contingent upon funds for that purpose being appropriated, <br />budgeted, and otherwise made available. <br /> <br />3. INDEMNIFICATION. Contractor shall indemnify, save, and hold harmless the State, its <br />employees and agents, against any and all claims, damages, liability and court awards including <br />costs, expenses, and attorney fees and related costs, incurred as a result of any act or omission by <br />Contractor, or its employees, agents, subcontractors, or assignees pursuant to the terms of this <br />contract. <br /> <br />[Applicable Only to Intergovernmental Contracts) No term or condition of this contract shall be <br />construed or interpreted as a waiver, express or implied, of any of the immunities, rights, <br />benefits, protection, or other provisions, of the Colorado Govemmentallmmunity Act, CRS 24- <br />10-101 et seq., or the Federal Tort Claims Act, 28 V.S.C. 2671 et seq., as applicable, as now or <br />hereafter amended. <br /> <br />4. INDEPENDENT CONTRACTOR. 4 CCR 801-2. Contractor shall perform its duties <br />hereunder as an independent contractor and not as an employee. Neither contractor nor any agent <br />or employee of contractor shall be or shall be deemed to be an agent or employee of the state. <br />Contractor shall pay when due all required employment taxes and. income taxes and local head <br />taxes on any monies paid by the state pursuant to this contract. Contractor acknowledges that <br />contractor and its employees are not entitled to unemployment insurance benefits unless <br />contractor or a third party provides such coverage and that the state does not pay for or otherwise <br />provide such coverage. Contractor shall have no authorization, express or implied, to' bind the <br />state to any agreement, 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 required <br />by law and shall be solely responsible for its acts and those of its employees and agents. <br /> <br />5. NON-DISCRIMINATION. Contractor agrees to comply with the letter and the spirit of all <br />applicable State and federal laws respecting discrimination and unfair employment practices. <br /> <br />6. CHOICE OF LAW. The laws of the State of Colorado, and rules and regulations issued <br />pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this <br />contract. Any provision of this contract, whether or not incorporated herein by reference, which <br />provides for arbitration by any extra-judicial body or person or which is otherwise in conflict <br />with said laws, rules, and regulations shall be considered null and void. Nothing contained in <br />any provision incorporated herein by reference which purports to negate this or any other special <br />provision in whole or in part shall be valid or enforceable or available in any action at law, <br />whether by way of complaint, defense, or otherwise. Any provision rendered null and void by <br />the operation of this provision will not invalidate the remainder of this contract, to the extent that <br />this contract is capable of execution. At all times during the performance of this contract, <br />Contractor shall strictly adhere to all applicable federal and State laws, rules, and regulations that <br />have been or may hereafter be established. <br /> <br />Page 3 of 5 <br />