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8) ORDER OF PRECEDENCE <br />Except for the Special Provisions, in the event of any conflict, inconsistency, variance, or contradiction <br />between the provisions of this Amendment and any of the provisions of the Contract, the provisions of <br />this Amendment shall in all respects supersede, govern, and control. The most recent version of the <br />Special Provisions incorporated into the Contract or any amendment shall always control other <br />provisions in the Contract or any amendments. <br />9) 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 shal{ 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 <br />current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and <br />otherwise made available. <br />3. GOVERNMENTAL IMMUNITY. No term or condition of this contract shall be construed or interpre#ed <br />as a waiver, express or implied, of any of the immunities, rights, benefits, protections, or other provisions, <br />of the Colorado Governmental Immunity Act, CRS §24-10-101 et seq., or the Federal Tort Claims Act, 28 <br />U.S.C. §§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 <br />deemed to be an agent or employee of the State. Contractor and its employees and agents are not <br />entitled to unemployment insurance or workers compensation benefits through the State and the State <br />shall not pay for or otherwise provide such coverage for Contractor or any of its agents or employees. <br />Unemployment insurance benefits will be available to Contractor and its employees and agents only if <br />such coverage is made available by Contractor or a third party. Contractor shall pay when due all <br />applicable employment taxes and income taxes and local head taxes incurred pursuant to this contract. <br />Contractor shall not have authorization, express or implied, to bind the State to any agreement, liability or <br />understanding, except as expressly set forth herein. Contractor shall (a) provide and keep in force <br />workers' compensation and unemployment compensation insurance in the amounts required by law, (b) <br />provide proof thereof when requested by the State, and (c) be solely responsible for its acts and those of <br />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 <br />in the interpretation, execution, and enforcement of this contract. Any provision included or incorporated <br />herein by reference which conflicts with said laws, rules, and regulations shall be null and void. Any <br />provision incorporated herein by reference which purports to negate this or any other Special Provision in <br />whole or in part shall not be valid or enforceable or available in any action at law, whether by way of <br />complaint, defense, or otherwise. Any provision rendered nuil and void by the operation of this provision <br />shall not invalidate the 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 <br />by reference shall be null and void. <br />8. SOFTVVARE PIRACY PROHFBITION. 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 <br />computer software in violation of federal copyright Iaws or applicable licensing restrictions. Contractor <br />hereby certifies and warrants that, during the term of this contract and any extensions, Contractor has <br />Page 2 of 4 <br />Effective Date: 1/6/09 <br />