<br />,"
<br />
<br />made available.
<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 interes~ 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 />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 an{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 D 002 00
<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 cqpyright 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 />THE PARTIES HERETO HAVE EXECUTED THIS CONTRACT
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