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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 />3. INDEMNIFICATION. <br /> <br />Indemnity: To the extent authorized by law, the contractor shall indemnify, ~ave, and <br />hold harmless the State against any and all claims, damages, liability and cOurt awards <br />including costs, expenses, and attorney fees incurred as a result of any act or omission <br />by the Contractor, or its employees, agents, subcontractors, or assignees pursuant to the <br />terms of this contract. <br /> <br />No term or condition of this contract shall be construed or interpreted as a waiver, <br />express or implied, of any of the immunities, rights, benefits, protection, or other <br />provisions for the parties, of the Colorado Governmental Immunity Act, CRS 24-10-101 <br />. et seq. or the Federal Tort Claims Act, 2.8 U.S.C. 2671 et seq.as applicable, as now or <br />hereafter amended. <br /> <br />4. INDEPENDENT CONTRACTOR. 4 CCR -801-2 <br /> <br />THE CONTRACTOR SHALL PERFORM ITS DUTIES HEREUNDER AS AN INDEPENDENT CONTRACTOR <br />AND NOT AS AN EMPLOYEE. NEITHER THE CONTRACTOR NOR ANY AGENT OR EMPLOYEE OF THE <br />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 TAX AND <br />LOCAL HEAD TAX ON ANY MONIES PAID BY THE STATE PURSUANT TO THIS CONTRACT. <br />. . <br />CONTRACTOR ACKNOWLEDGES THAT THE CONTRACTOR AND ITS EMPLOYEES ARE NOT ENTITLED <br />TO UNEMPLOYMENT INSURANCE BENEFITS UNLESS THE CONTRACTOR OR THIRD PARTY PROVIDES <br />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 <br />STATE TO ANY AGREEMENTS, LIABILITY, OR UNDERSTANDING EXCEPT AS EXPRESSLY SET FORTH <br />HEREIN. CONTRACTOR SHALL PROVIDE AND KEEP IN FORCE WORKERS' COMPENSATION (AND <br />PROVIDE PROOF OF SUCH INSURANCE WHEN REQUESTED BY THE STATE) AND UNEMPLOYMENT <br />COMPENSATION INSURANCE IN THE AMOUNTS REQUIRED BY LAW, AND SHALL BE SOLELY <br />RESPONSIBLE FOR THE ACTS OF THE CONTRACTOR, ITS EMPLOYEES AND AGENTS. <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 />6. CHOICE OF LAW. <br /> <br />The laws of the State of Colorado and rules and regulations issued pursuant thereto shall <br />be applied in the interpretation, execution, and enforcement of this contract. Any provision <br />of this contract, whether or not incorporated herein by reference, which provides for <br />arbitration by any extra-judicial body or person or which is otherwise in conflict with said <br />. laws, rules, and regulations shall be considered null and void. Nothing contained in any <br />provision incorporated herein by reference which purports to negate this or any other <br />special provision in whole or in part shall be valid or enforceable or available in any action <br />at law whether by way of complaint, defense, or otherwise. Any provision rendered null <br />and void by the operation of this provision will not invalidate the remainder of this contract <br />to the extent that the contract is capable of execution. <br /> <br />Page 9 of 10 <br />