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C� <br />� <br />I. Captions. The captions and headings contained in this contract are for <br />convenience and reference only and shall not be construed so as to define or limit <br />the terms or provisions contracted herein. <br />J. Addresses for mailing. All notices, correspondence, or other documents required <br />by this contract shall be delivered or mailed to the addresses shown below: <br />Colorado Water Conservation Board <br />Attn: Construction Fund Section <br />1313 Sherman Street, Room 721 <br />Denver, CO 80203 <br />Groundwater Appropriators of the South Platte River Basin, Inc. <br />P. O. Box 974 <br />Fort Morgan, CO 80701 <br />K. SPecia� PttovisioNS (7/1/03 version). State Fiscal Rule 3-1 requires the inclusion <br />of these Special Provisions in every STaTE contract, including contracts for <br />nonreimbursable expenditures. <br />(Not for Use with Inter Contracts) <br />1. CONTROLLER'S APPROVAL. CRS 24-30-202 (1) <br />This contract shall not be deemed valid until it has been approved by the Controller <br />of the State of Colorado or such assistant as he may designate. <br />2. FUND AVAILABILITY. CRS 24-30-202 (5.5) <br />Financial obligations of the State of Colorado payable after the current fiscal year are <br />contingent upon funds foc that purpose being appropriated, budgeted, and otherwise <br />made available. <br />3. INDEMNIFICATION. <br />The Contractor shall indemnify, save, and hold harmless the State, its employees <br />and agents, against any and all claims, damages, liability and court awards including <br />costs, expenses, and attorney fees incurred as a result of any act or omission by the <br />Contractor, or its employees, agents, subcontractors, or assignees pursuant to the <br />terms of this contract. <br />4. INDEPENDENT CONTRACTOR. 4 CCR 801-2 <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 REQUIRED EMPLOYMENT <br />TAXES AND INCOME TAX AND LOCAL HEAD TAX ON ANY MONIES PAID, BY THE STATE PURSUANT <br />TO THIS CONTRACT. CONTRACTOR ACKNOWLEDGES THAT THE CONTRACTOR AND ITS <br />EMPLOYEES ARE NOT ENTITLED TO UNEMPLOYMENT INSURANCE BENEFITS UNLESS THE <br />CONTRACTOR OR THIRD PARTY PROVIDES SUCH COVERAGE AND THAT THE STATE DOES NOT <br />PAY FOR OR OTHERWISE PROVIDE SUCH COVERAGE. CONTRACTOR SHALL HAVE NO <br />AUTHORIZATION, EXPRESS OR IMPLIED, TO BIND THE STATE TO ANY AGREEMENTS, LIABILITY, <br />OR UNDERSTANDING EXCEPT AS EXPRESSLY SET FORTH HEREIN. CONTRACTOR SHALL <br />PROVIDE AND KEEP IN FORCE WORKERS' COMPENSATION (AND PROVIDE PROOF OF SUCH <br />INSURANCE WHEN REQUESTED BY THE STATE� AND UNEMPLOYMENT COMPENSATION <br />Page 3 of 5 <br />