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<br />A RTICLE 21 . SPECIAL PROVISIONS <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 <br />Colora do 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 <br />funds 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 <br />any and all claims, damages, liability and court awards including costs, expenses, and attorney fees <br />incurred as a res ult of any negligent act or omission by the Contractor, or its employees, agents, <br />subcontractors, or assignees pursuant to the terms of this contract. <br /> <br />4. INDEPENDENT CONTRACTOR. 4 CCR 801 - 2 <br /> <br />T <br />HE CONTRACTOR SHALL PERFORM ITS DUTIES H EREUNDER AS AN INDEP ENDEN T CONTRACTOR AND NOT AS AN <br />. N <br />EMPLOYEE EITHER THE CONTRACTO R NOR ANY AGENT OR E MPLOYEE OF THE CONTR ACTOR SHALL BE OR <br />. C <br />SHALL BE DEEMED TO B E AN AGENT OR EMPLOY EE OF THE STATE ONTRACTOR SHALL PAY WHEN DUE ALL <br />S <br />REQUIRED EMPLOYMENT TAXES AND INCOME TAX AND LO CAL HEAD TAX ON ANY MONIES PAID BY THE TATE <br />. C <br />PURSUANT TO THIS CON TRACT ONTRACTOR ACKNOWLEDG ES THAT THE CONTRACT OR AND ITS EMPLOYEES <br />ARE NOT ENTITLED TO UNEMPLOYMENT INSURAN CE BENEFITS UNLESS T HE CONTRACTOR OR THI RD PARTY <br />PROVIDES SUCH COVERA GE AND THAT THE STATE DOES NOT P AY FOR OR OTHERWISE PROVIDE SUCH <br />. C , , <br />COVERAGE ONTRACTOR SHALL HAVE NO AUTHORIZATION EXPRESS OR IMPLIED TO BIND THE STATE T O ANY <br />, , . C <br />AGREEMENTS LIABILITY OR UNDERSTANDING EX CEPT AS EXPRESSLY SE T FORTH HEREIN ONTRACTOR SHALL <br />W ’ C ( <br />PROVIDE AND KEEP IN FORCE ORKERS OMPENSATION AND PROVIDE PROOF OF SUCH INSURANCE WHEN <br />S ) <br />REQUESTED BY THE TATE AND UNEMPLOYMENT CO MPENSATION INSURANCE IN THE AMOUNTS REQU IRED BY <br />, , . <br />LAW AND SHALL BE SOLELY RESPONSIBLE FOR THE ACTS OF THE CONTRAC TOR 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 federal laws <br />respecting discrimination and unfair employment practices. <br /> <br />6. CHOICE OF LAW. <br /> <br />The laws of the State of Colorado and rule s and regulations issued pursuant thereto shall be applied in <br />the interpretation, execution, and enforcement of this contract. Any provision of this contract, whether <br />or not incorporated herein by reference, which provides for arbitration by any extra - jud icial body or <br />person or which is otherwise in conflict with said laws, rules, and regulations shall be considered null <br />and void. Nothing contained in any provision incorporated herein by reference which purports to negate <br />this or any other special provisi on in whole or in part shall be valid or enforceable or available in any <br />action at law whether by way of complaint, defense, or otherwise. Any provision rendered null and void <br />by the operation of this provision will not invalidate the remainder of this co ntract to the extent that the <br />contract is capable of execution. <br /> <br />At all times during the performance of this contract, the Contractor shall strictly adhere to all applicable <br />federal and State laws, rules, and regulations that have been or may hereafter be established. <br /> <br />7. VENDOR OFFSET. CRS 24 - 30 - 202.4 <br /> <br />Pursuant to CRS 24 - 30 - 202.4 (as amended), the State Controller may withhold debts owed to State <br />agencies under the vendor offset intercept system for: (a) unpaid child support debt or child support <br />arrearages; (b) unpaid balance of tax, accrued interest, or other charges specified in Article 21, Title <br />39, CRS; (c) unpaid loans due to the Student Loan Division of the Department of Higher Education; (d) <br />owed amounts required to be paid to the Unemployment Comp ensation Fund; and (e) other unpaid <br />debts owing to the State or any agency thereof, the amount of which is found to be owing as a result of <br />final agency determination or reduced to judgment as certified by the controller. <br /> <br /> <br />Page 7 of 16 Pages <br />