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SPECIAL PROVISIONS <br />The Special Provisions apply ta all contracts except where noted in italics. <br />1. CQNTROLLER'S APPROVAL. CRS 24-30-202 (1). This contra�t shall not be <br />deemed valid until it has been approved by the Colorado State Controller or designee. <br />2. FUND AVAILABILITY. CRS 2430-202(5.5j. Financial obligations of the State <br />payable after the current fiscat year are contingent upon funds for that purpase being <br />appropriated, budgeted, and othervvise made available. <br />3. INDEMNIFICATION. Contractor shall indemnify, save, and hold harmless the State, <br />its employees and agents, against any and all claims, damages, liability and court <br />awards including costs, expenses, and attomey fees and related costs, incurred as a <br />result of any act or omission by Contractor, or its employees, agents, subcontractors, or <br />assignees pursuant to the terms of this contract. <br />(Applicab/e On/y to lnter1governmenta/ Cor►tracts] No tertn or condition of this <br />contract shall be construed or interpreted as a waiver, express or implied, of any of the <br />immunities, rights, benefits, prote�tion, or other provisions, of the Colorado <br />Govemmental lmmunity Act, CRS 2410-101 et seq., or the Federat Tort Claims Act, 28 <br />U.S.C. 2671 et seq., as applicabte, as now or hereafter amended. <br />4. INDEPENDENT CONTRACTOR. 4 CCR 801-2. Contractor shall perform its duties <br />hereunder as an independent contra�tor and not as an employee. Neither contractor nor <br />any agent or employee of 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 taxes <br />and income taxes and tocal head taxes on any monies paid by the state pursuant to this <br />contract. Contractor acknowledges that contractor and its employees are not entitled to <br />unemployment insurance benefits unless contractor or a third party provides such <br />coverage and that the state does not pay for or othervvise provide such coverage. <br />Contractor shall have no authorization, express or implied, to bind the state to any <br />agreement, liability or understanding, except as e�cpressly set forth herein. Contractor <br />shatl provide and keep in force workers' compensation (and provide proof of such <br />insurance when requested by the statej and unemployment compensation insurance in <br />the amounts required by law and shall be solely responsible for its acts and those of its <br />emptoyees and agents. <br />5. NON-DISCRIMINATION. Contractor agrees to comply with the letter and the spirit of <br />all applicable State and federal laws respecting discrimination and unfair empfoyment <br />practices. <br />6. CHOtCE OF LAW. The laws of the State of Colorado, and rules and regulations <br />issued pursuant thereto, shal! be applied in the interpretation, execution, and <br />enforcement of this contra�t Any provision of this contract, whether or not incorporated <br />herein by reference, which provides for arbitration by any extra-judicial body or person or <br />which is otherwise in conflict with said laws, rules, and regulations shall be considered <br />null and void. Nothing contained in any provision incorporated herein by reference <br />which purports to negate this or any other special provision in whole or in part shatl be <br />valid or enforceable or available in any action at law, whether by way af complaint, <br />defense, or otherwise. Any provision rendered null and void by the operation of this <br />provision wiH not invalidate the remainder of this contract, to the extent that this contract <br />is capable of execution. At all times during the pertormance of this contract, Contractor <br />Grant Contract No. C150250 <br />Page 4 of 6 <br />