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} a <br />15. Legal Authority. The GRANTEE warrants that is possesses the legal authority to enter <br />into this contract and has taken all actions required by its procedures, by-laws, and/or <br />applicable law to exercise that authority and to lawfully authorized its undersigned <br />signatory to execute this contract and to bind the GRANTEE to its terms. <br />16. Remedies. In addition to any other remedies provided in this contract, or available at law <br />or in equity, the State, upon ten (10) days prior written notice, may terminate this contract <br />and withhold payment to GRANTEE if the GRANTEE substantially fails to fulfill its <br />obligation under this contract. <br />SPecia� PROVisioNS (8/1/05 version). State Fiscal Rule 3-1 requires the inclusion of these Special <br />Provisions in every STATE contract including grants. <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 of the State of <br />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 contingent <br />upon funds for that purpose being appropriated, budgeted, and otherwise made available. <br />3. INDEMNIFICATION. <br />The Confractor shafl 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 <br />attorney fees incurred as a result of any act or omission by the Contractor, or its employees, <br />agents, subcontractors, or assignees pursuant to the 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 <br />AGENT OR EMPLOYEE OF THE CONTRACTOR SHALL BE OR SHALL BE DEEMED TO BE <br />AN AGENT OR EMPLOYEE OF THE STATE. CONTRACTOR SHALL PAY WHEN DUE ALL <br />REQUIRED EMPLOYMENT TAXES AND INCOME TAX AND LOCAL HEAD TAX ON ANY <br />MONIES PAID BY THE STATE PURSUANT TO THIS CONTRACT. CONTRACTOR <br />ACKNOWLEDGES THAT THE CONTRACTOR AND ITS EMPLOYEES ARE NOT ENTITLED TO <br />UNEMPLOYMENT INSURANCE BENEFITS UNLESS THE CONTRACTOR OR THIRD PARTY <br />PROVIDES SUCH COVERAGE AND THAT THE STATE DOES NOT PAY FOR OR OTHERWISE <br />PROVIDE SUCH COVERAGE. CONTRACTOR SHALL HAVE NO AUTHORIZATION, EXPRESS <br />OR IMPLIED, TO BIND THE STATE TO ANY AGREEMENTS, LIABILITY, OR UNDERSTANDING <br />EXCEPT AS EXPRESSLY SET FORTH HEREIN. CONTRACTOR SHALL PROVIDE AND KEEP <br />IN FORCE WORKERS' COMPENSATION (AND PROVIDE PROOF OF SUCH INSURANCE <br />WHEN REQUESTED BY THE STATE) AND UNEMPLOYMENT COMPENSATION INSURANCE <br />IN THE AMOUNTS REQUIRED BY LAW, AND SHALL BE SOLELY RESPONSIBLE FOR THE <br />ACTS OF THE CONTRACTOR, ITS EMPLOYEES AND AGENTS. <br />GRANT CONTRACT NO. C150203 <br />Page 4 of 6 <br />