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�`� � 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 <br />TO UNEMPLOYMENT INSURANCE BENEFITS UNLESS THE CONTRACTOR OR THIRD <br />PARTY PROVIDES SUCH COVERAGE AND THAT THE STATE DOES NOT PAY FOR OR <br />OTHERWISE PROVIDE SUCH COVERAGE. CONTRACTOR SHALL HAVE NO <br />AUTHORIZATION, EXPRESS OR IMPLIED, TO BIND THE STATE TO ANY AGREEMENTS, <br />LIABILITY, OR UNDERSTANDING EXCEPT AS EXPRESSLY SET FORTH HEREIN. <br />CONTRACTOR SHALL RROVIDE AND KEEP IN FORCE WORKERS' COMPENSATION (AND <br />PROVIDE PROOF OF SUCH INSURANCE WHEN REQUESTED BY THE STATE) AND <br />UNEMPLOYMENT COMPENSATION INSURANCE IN THE AMOUNTS REQUIRED BY LAW, <br />AND SHALL BE SOLELY RESPONSIBLE FOR THE ACTS OF THE CONTRACTOR, ITS <br />EMPLOYEES AND AGENTS. <br />5. NON-DISCRIMINATION. <br />The contractor agrees to comply with the letter and the spirit of all applicable state and federal <br />laws respecting discrimination and unfair employment practices. <br />6. CHOICE OF LAW <br />The laws of the State of Colorado and rules and regulations issued pursuant thereto shall be <br />applied in the interpretation, execution, and enforcement of this contract. Any provision of this <br />contract, whether or not incorporated herein by reference, which provides for arbitration by any <br />extra judicial body or person or which is otherwise in conflict with said laws, rules, and <br />regulations shall be considered null and void. Nothing contained in any provision incorporated <br />herein by reference which purports to negate this or any other special provision in whole or in <br />part shall be valid or enforceable or available in any action at law whether by way of complaint, <br />defense, or otherwise. Any provision rendered null and void by the operation of this provision <br />will not invalidate the remainder of this contract to the extent that the contract is capable of <br />execution. <br />At all times during the performance of this contract, the Contractor shall strictty adhere to all <br />applicable federal and state laws, rules, and regulations that have been or may hereafter be <br />established. <br />7. SOFTWARE PIRACY PROHIBITION Governor's Executive Order D 002 00 <br />No State or other public funds payable under this Contract shall be used for the acquisition, <br />operation, or maintenance of computer software in violation of United States copyright laws or <br />applicable licensing restrictions. The Contractor hereby certifies that, for the term of this <br />Contract and any extensions, the Contractor has in place appropriate systems and controls to <br />prevent such improper use of public funds. If the State determines that the Contractor is in <br />violation of this paragraph, the State may exercise any remedy available at law or equity or <br />under this Contract, including, without limitation, immediate termination of the Contract and any <br />remedy consistent with United States copyright laws or applicable licensing restrictions. <br />8. EMPLOYEE FINANCIAL INTEREST. CRS 24-18-201 & CRS 24-50-507 <br />The signatories aver that to their knowledge, no employee of the State of Colorado has any <br />personal or beneficial interest whatsoever in the service or property described herein. <br />Revised April 1, 2004 <br />Page 7 of 8 Loan Contract <br />