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<br />2. FUND AVAILABILITY. CRS 24-30-202 (5.5) <br /> <br />Financial obligations of the State of Colorado payable after the current fiscal year are <br />contingent upon funds for that purpose being appropriated, budgeted, and otherwise made <br />available. <br /> <br />3. INDEMNIFICATION. <br /> <br />The Contractor shall indemnify, save, and hold harmless the State, its employees and <br />agents, against any and all claims, damages, liability and court awards including costs, <br />expenses, and attorney fees incurred as a result of any act or omission by the Contractor, or <br />its employees, agents, subcontractors, or assignees pursuant to the terms of this contract. <br /> <br />4. INDEPENDENT CONTRACTOR. 4 CCR 801-2 <br /> <br />THE CONTRACTOR SHALL PERFORM ITS DUTIES HEREUNDER AS AN <br />INDEPENDENT CONTRACTOR AND NOT AS AN EMPLOYEE. NEITHER THE <br />CONTRACTOR NOR ANY AGENT OR EMPLOYEE OF THE CONTRACTOR SHALL BE <br />OR SHALL BE DEEMED TO BE AN AGENT OR EMPLOYEE OF THE STATE. <br />CONTRACTOR SHALL PAY WHEN DUE ALL REQUIRED EMPLOYMENT TAXES AND <br />INCOME TAX AND LOCAL HEAD TAX ON ANY MONIES PAID BY THE STATE <br />PURSUANT TO THIS CONTRACT. CONTRACTOR ACKNOWLEDGES THAT THE <br />CONTRACTOR AND ITS EMPLOYEES ARE NOT ENTITLED TO UNEMPLOYMENT <br />INSURANCE BENEFITS UNLESS THE CONTRACTOR OR THIRD PARTY PROVIDES <br />SUCH COVERAGE AND THAT THE STATE DOES NOT PAY FOR OR OTHERWISE <br />PROVIDE SUCH COVERAGE. CONTRACTOR SHALL HAVE NO AUTHORIZATION, <br />EXPRESS OR IMPLIED, TO BIND THE STATE TO ANY AGREEMENTS, LIABILITY, OR <br />UNDERSTANDING EXCEPT AS EXPRESSLY SET FORTH HEREIN. CONTRACTOR <br />SHALL PROVIDE AND KEEP IN FORCE WORKERS' COMPENSATION (AND PROVIDE <br />PROOF OF SUCH INSURANCE WHEN REQUESTED BY THE STATE) AND <br />UNEMPLOYMENT COMPENSATION INSURANCE IN THE AMOUNTS REQUIRED BY <br />LAW, AND SHALL BE SOLELY RESPONSIBLE FOR THE ACTS OF THE CONTRACTOR, <br />ITS EMPLOYEES 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 <br />federal laws 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 <br />applied in the interpretation, execution, and enforcement of this contract. Any provision of <br />this contract, whether or not incorporated herein by reference, which provides for arbitration <br />by any extra-judicial body or person or which is otherwise in conflict with said laws, rules, <br />and regulations shall be considered null and void. Nothing contained in any provision <br /> <br />Loan Contract C150172 <br />Page 9 of 11 <br />