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COLORADO SPECIAL PROVISIONS <br />These Special Provisions apply to all contracts except where noted in italics. <br />1. CONTROLLER'S APPROVAL. CRS §24-30-202(1). This contract shall not be valid until it has been <br />approved by the Colorado State Controller or designee. <br />2. FUND AVAILABILITY. CRS §24-30-202(5.5). Financial obligations of the State payable after the current <br />fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made <br />available. <br />3. GOVERNMENTAL IMMUNITY. No term or condition of this contract shall be construed or interpreted <br />as a waiver, express or implied, of any of the immunities, rights, benefits, protections, or other provisions, of the <br />Colorado Governmental Immunity Act, CRS §24-10-101 et seq., or the Federal Tort Claims Act, 28 U.S.C. <br />§§ 1346(b) and 2671 et seq., as applicable now or hereafter amended. <br />4. INDEPENDENT CONTRACTOR. Contractor shall perform its duties hereunder as an independent <br />contractor and not as an employee. Neither Contractor nor any agent or employee of Contractor shall be deemed <br />to be an agent or employee of the State. Contractor and its employees and agents are not entitled to <br />unemployment insurance or workers compensation benefits through the State and the State shall not pay for or <br />otherwise provide such coverage for Contractor or any of its agents or employees. Unemployment insurance <br />benefits will be available to Contractor and its employees and agents only if such coverage is made available by <br />Contractor or a third party. Contractor shall pay when due all applicable employment taxes and income taxes <br />and local head taxes incurred pursuant to this contract. Contractor shall not have authorization, express or <br />implied, to bind the State to any agreement, liability or understanding, except as expressly set forth herein. <br />Contractor shall (a) provide and keep in force workers' compensation and unemployment compensation <br />insurance in the amounts required by law, (b) provide proof thereof when requested by the State, and (c) be <br />solely responsible for its acts and those of its employees and agents. <br />5. COMPLIANCE WITH LAW. Contractor shall strictly comply with all applicable federal and State laws, <br />rules, and regulations in effect or hereafter established, including, without limitation, laws applicable to <br />discrimination and unfair employment practices. <br />6. CHOICE OF LAW. Colorado law, and rules and regulations issued pursuant thereto, shall be applied in the <br />interpretation, execution, and enforcement of this contract. Any provision included or incorporated herein by <br />reference which conflicts with said laws, rules, and regulations shall be null and void. Any provision <br />incorporated herein by reference which purports to negate this or any other Special Provision in whole or in part <br />shall not be valid or enforceable or available in any action at law, whether by way of complaint, defense, or <br />otherwise. Any provision rendered null and void by the operation of this provision shall not invalidate the <br />remainder of this contract, to the extent capable of execution. <br />7. BINDING ARBITRATION PROHIBITED. The State of Colorado does not agree to binding arbitration <br />by any extra judicial body or person. Any provision to the contrary in this contact or incorporated herein by <br />reference shall be null and void. <br />8. SOFTWARE PIRACY PROHIBITION. Governor's Executive Order D 002 00. State or other public <br />funds payable under this contract shall not be used for the acquisition, operation, or maintenance of computer <br />software in violation of federal copyright laws or applicable licensing restrictions. Contractor hereby certifies <br />and warrants that, during the term of this contract and any extensions, Contractor has and shall maintain in place <br />appropriate systems and controls to prevent such improper use of public funds. If the State determines that <br />Contractor is in violation of this provision, the State may exercise any remedy available at law or in equity or <br />under this contract, including, without limitation, immediate termination of this contract and any remedy <br />consistent with federal copyright laws or applicable licensing restrictions. <br />9. EMPLOYEE FINANCIAL INTEREST/CONFLICT OF INTEREST. CRS §§24-18-201 and 24-50- <br />507. The signatories aver that to their knowledge, no employee of the State has any personal or beneficial <br />interest whatsoever in the service or property described in this contract. Contractor has no interest and shall not <br />Page 12 of 14 <br />