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<br />PRO�ECT Finish: Four (4) years from the Effective Date of this Contract.
<br />a. Except for the SPECiA� PROVisiorvs, in the event of any conflict, inconsistency,
<br />variance, or contradiction between the provisions of this Amendment and any of the
<br />pl'OVISIOIIS Of th@ ORIGINAL CONTRACT, the provisions of this Amendment shall in all
<br />respects supersede, govern, and control. The SPECiA� PROVisioNS shall always be
<br />controlling over other provisions in the contract or amendments. The representations
<br />in the SPECi,a� PROVisioNS concerning the absence of bribery or corrupt influences and
<br />personal interest of STATE employees are presently reaffirmed.
<br />b. Financial obligations of the state payable after the current fiscal year are
<br />contingent upon funds for that purpose being appropriated, budgeted, and otherwise
<br />made available.
<br />c. This amendment shall not be deemed valid or effective until it shall have been
<br />approved by the controller of the State of Colorado or such assistant as he may
<br />designate.
<br />d. INDEMNIFICATION. Contractor shall indemnify, save, and hold harmless the
<br />State, its employees and agents, against any and all claims, damages, liability and
<br />court awards including costs, expenses, and attorney fees and related costs,
<br />incurred as a result of any act or omission by Contractor, or its employees, agents,
<br />subcontractors, or assignees pursuant to the terms of this contract.
<br />SPECIAL PROVISIONS
<br />These Special Provisions apply to all contracts except where noted in italics.
<br />1. CONTROLLER'S APPROVAL. CRS §24-30-202(1). This contract shall not be valid until it has been approved
<br />by the Colorado State Controller or designee.
<br />2. FUND AVAILABILITY. CRS §24-30-202(5.5). Financial obligations of the State payable after the current fiscal
<br />year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available.
<br />3. GOVERNMENTAL IMMUNITY. No term or condition of this contract shall be construed or interpreted as a
<br />waiver, express or implied, of any of the immunities, rights, benefits, protections, or other provisions, of the Colorado
<br />Governmental Immunity Act, CRS §24-10-101 et seq., or the Federal Tort Claims Act, 28 U.S.C. §§1346(b) and
<br />2671 et seq., as applicable now or hereafter amended.
<br />4. INDEPENDENT CONTRACTOR. Contractor shall perfo.rm its duties hereunder as an independent contractor
<br />and not as an employee. Neither Contractor nor any agent or employee of Contractor shall be deemed to be an
<br />agent or employee of the State. Contractor and its employees and agents are not entitled to unemployment
<br />insurance or workers compensation benefits through the State and the State shall not pay for or otherwise provide
<br />such coverage for Contractor or any of its agents or employees. Unemployment insurance benefits will be available
<br />to Contractor and its employees and agents on1y if such coverage is made available by Contractor or a third party.
<br />Contractor shall pay when due all applicable employment taxes and income taxes and local head taxes incurred
<br />pursuant to this contract. Contractor shall not have authorization, express or implied, to bind the State to any
<br />agreement, liability or understanding, except as expressly set forth herein. Contractor shall (a) provide and keep in
<br />force workers' compensation and unemployment compensation insurance in the amounts required by law, (b)
<br />provide proof thereof when requested by the State, and (c) be solely responsible for its acts and those of its
<br />employees and agents.
<br />5. COMPLIANCE WITH LAW. Contractor shall strictly comply with all applicable federal and State laws, rules, and
<br />regulations in effect or hereafter established, including, without limitation, laws applicable to discrimination and unfair
<br />employment practices.
<br />6. CHOICE OF LAW. Colorado law, and rules and regulations issued pursuant thereto, shall be applied in the
<br />interpretation, execution, and enforcement of this contract. Any provision included or incorporated herein by
<br />reference which conflicts with said laws, rules, and regulations shall be null and void. Any provision incorporated
<br />herein by reference which purports to negate this or any other Special Provision in whole or in part shall not be valid
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