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SPECIAL RROVISIONS
<br />The Speciai Pravisions apply ta all contracts e�ccept where nofi�d in italics.
<br />1. COMTI�OLLER'S APPRQVAL. CF�S §24.-3Q_2l12 (1). This contract shall not be deemed valid until it has
<br />been approv�d by the Colora�do State Controller or designee.
<br />2. FUND AVAILAgILITY. CR� §24-30-20Z(5.5). Finaneiai obligatians of the S#ate payable after the
<br />current fiscal year are contingent upon funds for that purpase being appropriated, budgeted, and otherwise
<br />mad+e available.
<br />3. INaEMNIFICATI4N. Cantractvr shall ind�mnify, save, and hald harmless the State, its employe�s and
<br />a�ents, against any and all claims, damages, liability and court awards including costs, expenses, and
<br />attorney fees and related costs, incurred as a result of any act or omission by C�ntracfior, or its employees,
<br />agents, subcontractors, or assignees pursuant to the terms of this contract.
<br />(App{lcable Only to Intet�governmental Contracis] Mp term or condition of this contract shall be
<br />construed or interpreted as a waiver, express or implied, of any of the immuniti�s, rights, benefits,
<br />pro#ection, or other provisions, of the Colarado Governmentaf Immunity Act, CRS §24-10-101 et seq., or the
<br />Federal Tort CkairrES Act, �8 U.S.C. 2671 et seq., as applicable, as now or hereafter arr�ended.
<br />4. INdEPEMDENT C�MTRACTQR. 4 CCR 801-Z. Cc�ntractor shall pertorm its duties hereunder as an
<br />independent contractor and not as an employee. Neither cantractor nor any agent or employee of contractpr
<br />shall be or shall be deerned to be an agent ar empto�ee of the state. Cantractor shall pay when due all
<br />required employment taxes and ir�eo�rie ta�ces and local Mead taxes on any monies paid by the state
<br />pursuant to fihis corttract. Contractor acknowledges that cdntractor and its employees are not entifiled to
<br />unemployment insurance bene�ts unless contractor or a third party provides such coverage and that the
<br />state does nat pay for or otherwise provide such coverage. Contractor shall have no autharization, express
<br />or implied, to bind fihe state to any agreerr�ent, liability or understanding, except as expressly set forth
<br />herein. Contractor shall prQVide and ke�p in force workers' compensation (and provide proof ofi such
<br />insurance when requested by the state) and unemployment compensation insurance in fihe amounts
<br />required by law and shall be solely responsible for its �cts and those of its err�ployees and agents.
<br />5. MUN-QISCRIMtMAT14N. Contractor agrees to comply with the letter and the spirit of all applicable
<br />State and federal laws respecting discrirnination and unfair employment pracfiices.
<br />6. CM410E OF LAW. The laws of the State of Colorado, and rules and regulations issued pursuant
<br />thereto, shatl be applied in the interpretatian, execution, and enforcement of this contract. Any provision of
<br />fihis cpntract, vvhether or not incorporafied herein by reference, which prvvides for arbif�ation by any exfira-
<br />judicial body or person or which is othe►wise in conflict with said laws, rules, and regulations shall be
<br />considered null and void. Nothing cantained in any provision incorporated herein by reference which
<br />purports tb negate this or any otMer special provision in whole c�r in part shall be valid or enfarceable or
<br />available in any action at law, whetMer by way nf corr�plaint, defense, or othetwise. Any provisian rendered
<br />null and void by fihe operation of this provisian will not invalidate fihe remainder of this confiract, to the extent
<br />that this contract is capable of exeeufiion. At all tirr�es during the pertormance of this contract, Canfiractar
<br />shall strictly adhere to a{I applicable fiederal and State laws, rules, and regulatians thafi have been or may
<br />hereafter be established.
<br />7. VEMDfJR OFFSET. CRS §§24-3p-2Q2 (1) and 243p-2p2.4. [Not Applicable to Intergovernmental
<br />Agreernsnts] The State Cantroller may vrrithhold payrrient of certain debts owed to Sfiate agencies under
<br />the State's vendor offset intercept systern for: (a) un�aaid child support debts or child support arrearages; (b)
<br />unpaid balances nf ta�c, accrued in#erest, or ofiher charges specified in CRS §39-21-101, et. seq.; (c) unpaid
<br />loans due to the Student Loan Division of the Qepartrnent of Higher Education; (d) amour�ts required ta be
<br />paid ta the Unemployment Compensation Fund; and (e) other unpaid debts certifiied by the Sta#e Controller
<br />as owing to the State as a result of final agency determination or judicial actiqn.
<br />LQan Gantract C950270
<br />Page 9 of 11
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