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6. Except for the SPECia� PROVisiorvs, in the event of any conflict, inconsistency, variance,
<br />or contradiction befinreen the provisions of this Amendment and any of the provisions of
<br />the ORIGINAL CONTRACT the provisions of this Amendment shall in all respects
<br />supersede, govern, and control. The SPECia� PROVisioNS shall always be controlling
<br />over other provisions in the contract or amendments. The representations in the
<br />SPECIAL PROVISIONS concerning the absence of bribery or corrupt influences and
<br />personal interest of STaTE employees are presently reaffirmed.
<br />7. Financial obligations of the state payable after the current fiscal year are contingent
<br />upon funds for that purpose being appropriated, budgeted, and otherwise made
<br />available.
<br />8. This amendment shall not be deemed valid or effective until it shall have been
<br />approved by the controller of the State of Colorado or such assistant as he may
<br />designate.
<br />SPECIAL PROVISIONS
<br />The Special Provisions apply to all contracts except where noted in ifalics.
<br />1. CONTROLLER'S APPROVAL. CRS §24-30-202 (1). This contract shall not be deemed 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 fiscal
<br />year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available.
<br />3. INDEMNIFICATION. Contractor shall indemnify, save, and hold harmless the State, its employees and agents,
<br />against any and all claims, damages, liability and court awards including costs, expenses, and attorney fees and
<br />related costs, incurred as a result of any act or omission by Contractor, or its employees, agents, subcontractors, or
<br />assignees pursuant to the terms of this contract.
<br />(Applicable Only to Intergovernmenta/ Contracts] No term or condition of this contract shall be construed or
<br />interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protection, or other provisions,
<br />of the Colorado Governmental Immunity Act, CRS §24-10-101 et seq., or the Federal Tort Claims Act, 28 U.S.C.
<br />2671 et seq., as applicable, as now or hereafter amended.
<br />4. INDEPENDENT CONTRACTOR. 4 CCR 801-2. 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 or shall be
<br />deemed to be an agent or employee of the state. Contractor shall pay when due all required employment taxes and
<br />income taxes and local head taxes on any monies paid by the state pursuant to this contract. Contractor
<br />acknowledges that contractor and its employees are not entitled to unemployment insurance benefits unless
<br />contractor or a third party provides 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 state to any agreement, liability or
<br />understanding, except as expressly set forth herein. Contractor shall provide and keep in force workers'
<br />compensation (and provide proof of such insurance when requested by the state) and unemployment compensation
<br />insurance in the amounts required by law and shall be solely responsible for its acts and those of its employees and
<br />agents.
<br />5. NON-DISCRIMINATION. 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. 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 of this contract, whether
<br />or not incorporated herein by reference, which provides for arbitration by any extra-judicial body or person or which is
<br />otherwise in conflict with said laws, rules, and regulations shall be considered null and void. Nothing contained in
<br />any provision incorporated herein by reference which purports to negate this or any other special provision in whole
<br />or in part shall 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 will not invalidate the remainder of
<br />this contract, to the extent that this contract is capable of execution. At all times during the performance of this
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