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9. The parties agree that the OR~~fNa~. CorvrRncT, is and shall be modified, altered, and <br />changed in the following respects on(y: <br />SPecia~ PROwsioNS (8/1/05 version). State Fiscal Rufe 3-1 requires the inclusion of these <br />Special Provisions in every SrarE contract, including grants. <br />1. CONTROLLER'S APPROVAL. CRS 24-30-202 (1} <br />This contract shall not be deemed valid until it has been approved by the Controller of the <br />State of Colorado or such assistant as he may designate. <br />2. FUND AVAILABILITY. CRS 24-30-202 (5.5) <br />Financial obligations of the State of Colorado payable after the current fiscal year are <br />contingent upon funds for tha# purpose being appropriated, budgeted, and otherwise made <br />avaiiable. <br />3. INDEMNIFICATION. <br />The Contractor sha11 indemnify, save, and hold harmless the State, its employees and <br />agents, against any and alf claims, damages, liability and court awards including costs, <br />expenses, and attomey fees incurred as a result of any act or omission by the Contractor, or <br />its employees, agents, subcontra~tors, or assignees pursuant to the terms of this contract. <br />4. INDEPENDENT CONTRACTOR. 4 CCR 801-2 <br />THE CONTRACTOR SHALL PERFORM ITS DUTIES HEREUNDER AS AN INDEPENDENT <br />CONTRACTOR AND NOT AS AN EMPLOYEE. NEITHER THE CONTRACTOR NOR ANY <br />AGENT OR EMPLOYEE OF THE CONTRACTOR SHALL BE OR SHALL BE DEEMED TO <br />BE AN AGENT OR EMPLOYEE OF THE STATE. CONTRACTOR SHALL PAY WHEN DUE <br />ALL REQUIRED EMPLOYMENT TAXES AND INCOME TAX AND LOCAL HEAD TAX ON <br />ANY MONtES PAID BY THE STATE PURSUANT TO THIS CONTRAC7. CONTRACTOR <br />ACKNOWLEDGES THAT THE CONTRACTOR AND ITS EMPLOYEES ARE NOT <br />ENTiTLED TO UNEMPLOYMENT INSURANCE BENEFITS UNLESS THE CONTRACTOR <br />OR THIRD PARTY PROVIDES SUCH COVERAGE AND THAT THE STATE DOES NOT <br />PAY FOR OR OTHERWtSE PROVIDE SUCH COVERAGE. CONTRACTOR SHALL HAVE <br />NO AUTHORIZATION, EXPRESS OR IMPLIED, TO BIND THE STATE TO ANY <br />AGREEMENTS, LIABILITY, OR UNDERSTANDING EXCEPT AS EXPRESSLY SET FORTH <br />HEREIN. CONTRACTOR SHALL PROVIDE AND KEEP lN FORCE WORKERS' <br />COMPENSATION (AND PROV(DE PROOF OF SUCH INSURANCE WHEN REQUESTED <br />BY THE STATE) AND UNEMPLOYMENT COMPENSATION INSURANCE IN THE <br />AMOUNTS REQUIRED BY LAW, AND SHALL BE SOLELY RESPONSIBLE FOR THE <br />ACTS OF THE CONTRACTOR, ITS EMPLOYEES AND AGENTS. <br />5. NON-DISCRIMINATION. <br />Loan Contract C150185 Amendment No. 1 <br />Page 3 of 5 <br />