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<br />15, Order of Precedence. In the event of conflicts or inconsistencies between the provisions of the Special <br />Provisions set forth below the other provisions of this contract, the Special Provisions shall prevail. <br /> <br />16. Legal Authority. The GRANTEE warrants that is possesses the legal authority to enter into this contract <br />and has taken all actions required by its procedures, by-laws, and/or applicable law to exercise that <br />authority and to lawfully authorized its undersigned signatory to execute this contract and to bind the <br />GRANTEE to its terms, <br /> <br />17. Remedies. In addition to any other remedies provided in this contract, or available at law or in equity, the <br />State, upon ten (10) days prior written notice, may terminate this contract and withhold payment to <br />GRANTEE if the GRANTEE substantially fails to fulfill its obligation under this contract. <br /> <br />18. ILLEGAL ALIENS - PUBLIC CONTRACTS FOR SERVICES. CRS 8-17.5-101 and Public Law 208, 104th <br />Congress, as amended and expanded in Public Law 156, 108th Congress, as amended <br /> <br />The Contractor certifies that the Contractor shall comply with the provisions of CRS 8-17.5-101 et <br />seq. The Contractor shall not knowingly employ or contract with an illegal alien to perform work <br />under this contract or enter into a contract with a subcontractor that knowingly employs or contracts <br />with an illegal alien. The Contractor represents, warrants, and agrees that it (i) has verified that it <br />does not employ any illegal aliens, through participation in the Basic Pilot Employment Verification <br />Program administered by the Social Security Administration and Department of Homeland Security, <br />or (ii) otherwise will comply with the requirements of CRS 8-17.5-101 (2)(b)(I), The Contractor shall <br />comply with all reasonable requests made in the course of an investigation by the Colorado <br />Department of Labor and Employment. If the Contractor fails to comply with any requirement of <br />this provision or CRS 8-17.5-101 et seq., the State may terminate this contract for breach and the <br />Contractor shall be liable for actual and consequential damages to the State. <br /> <br />SPECIAL PROVISIONS (8/1/05 version). State Fiscal Rule 3-1 requires the inclusion of these Special Provisions in <br />every STATE contract, including grants. <br /> <br />1, CONTROLLER'S APPROVAL. CRS 24-30-202 (1) <br /> <br />This contract shall not be deemed valid until it has been approved by the Controller of the State of Colorado <br />or such assistant as he may designate. <br /> <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 contingent upon funds <br />for that purpose being appropriated, budgeted, and otherwise made available. <br /> <br />3. INDEMNIFICATION. <br /> <br />The Contractor shall indemnify, save, and hold harmless the State, its employees and agents, against any <br />and all claims, damages, liability and court awards including costs, expenses, and attorney fees incurred as <br />a result of any act or omission by the Contractor, or its employees, agents, subcontractors, or assignees <br />pursuantto 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 INDEPENDENT <br />CONTRACTOR AND NOT AS AN EMPLOYEE. NEITHER THE CONTRACTOR NOR ANY AGENT OR <br />EMPLOYEE OF THE CONTRACTOR SHALL BE OR SHALL BE DEEMED TO BE AN AGENT OR <br />EMPLOYEE OF THE STATE. CONTRACTOR SHALL PAY WHEN DUE ALL <br /> <br />Grant Contract No. C150221 <br />Page 4 of 6 <br />