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<br />or enforceable or available in any action at law, whether by way of complaint, defense, or otherwise. Any provision
<br />rendered null and void by the operation of this provision shall not invalidate the remainder of this contract, to the
<br />extent capable of execution.
<br />7. BINDING ARBITRATION PROHIBITED. The State of Colorado does not agree to binding arbitration by any
<br />extra-judicial body or person. Any provision tp the contrary in this contact or incorporated herein by reference shall
<br />be null and void. `
<br />8. SOFTWARE PIRACY PROHIBITION. Governor's Executive Order D 002 00. State or other public funds
<br />payable under this contract shall not be used for the acquisition, operation, or maintenance of computer software in
<br />violation of federal copyright laws or applicable licensing restrictions. Contractor hereby certifies and warrants that,
<br />during the term of this contract and any extensions, Contractor has and shall maintain in place appropriate systems
<br />and controls to prevent such improper use of pubtic funds. If the State determines that Contractor is in violation of
<br />this provision, the State may exercise any remedy available at law or in equity or under this contract, including,
<br />without limitation, immediate termination of this contract and any remedy consistent with federal copyright laws or
<br />applicable licensing restrictions.
<br />9. EMPLOYEE FINANCIAL INTEREST/CONFLICT OF INTEREST. CRS §§24-18-201 and 24-50-507. The
<br />signatories aver that to their knowledge, no employee of the State has any personal or beneficial interest whatsoever
<br />in the service or property described in this contract. Contractor has no interest and shall not acquire any interest,
<br />direct or indirect, that would conflict in any manner or degree with the performance of Contractor's services and
<br />Contractor shall not employ any person having such known interests.
<br />10. VENDOR OFFSET. CRS §§24-30-202 (1) and 24-30-202.4. [NotApplicab/e to intergovernmental
<br />agreements] Subject to CRS §24-30-202.4 (3.5), the State Controller may withhold payment under the State's
<br />vendor offset intercept system for debts owed to State agencies for: (a) unpaid child support debts or child support
<br />arrearages; (b) unpaid balances of tax, accrued interest, or other charges specified in CRS §39-21-101, et seq.; (c)
<br />unpaid loans due to the Student Loan Division of the Department of Higher Education; (d) amounts required to be
<br />paid to the Unemployment Compensation Fund; and (e) other unpaid debts owing to the State as a result of final
<br />agency determination or judicial action.
<br />11. PUBLIC CONTRACTS FOR SERVICES. CRS §8-17.5-101. [NotApplJcable to agreements re/ating to the
<br />offer, issuance, or sale of securltles, investment advlsory services or fund management servlces, sponsored
<br />projects, intergovernmental agreements, or information technology servlces or products and servlces]
<br />Contractor certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will
<br />perform work under this contract and will confirm the employment eligibility of all employees who are newty hired for
<br />employment in the United States to perform work under this contract, through participation in the E-Verify Program or
<br />the Department program established pursuant to CRS §8-17.5-102(5)(c), Contractor shall not knowingly employ or
<br />contract with an illegal alien to perform work under this contract or enter into a contract with a subcontractor that fails
<br />to certify to Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to ep rform
<br />work under this contract. Contractor (a) shall not use E-Verify Program or Department program procedures to
<br />undertake pre-employment screening of job applicants while this contract is being performed, (b) shall notify the
<br />subcontractor and the contracting State agency within three days if Contractor has actual knowledge that a
<br />subcontractor is employing or contracting with an illegal alien for work under this contract, (c) shall terminate the
<br />subcontract if a subcontractor does not stop employing or contracting with the illegal alien within three days of
<br />receiving the notice, and (d) shall comply with reasonable requests made in the course of an investigation,
<br />undertaken pursuant to CRS §5-17.5-102(5), by the Colorado Department of Labor and Employment. If Contractor
<br />participates in the Department program, Contractor shall deliver to the contracting State agency, Institution of Higher
<br />Education or political subdivision a written, notarized affirmation, a�rming that Contractor has examined the legal
<br />work status of such employee, and shall comply with all of the other requirements of the Department program. If
<br />Contractor fails to comply with any requirement of this provision or CRS §8-17.5-101 et seq., the contracting State
<br />agency, institution of higher education or political subdivision may terminate this contract for breach and, if so
<br />terminated, Contractor shall be liable for damages.
<br />12. PUBLIC CONTRACTS WITH NATURAL PERSONS. CRS §24-76.5-101. Contractor, if a natural person
<br />eighteen (18) years of age or older, hereby swears and a�rms under penalty of pery'ury that he or she (a) is a citizen
<br />or otherwise lawFully present in the United States pursuant to federal law, (b) shall comply with the provisions of CRS
<br />§24-76.5-101 et seq., and (c) has produced one form of identification required by CRS §24-76.5-103 prior to the
<br />effective date of this contract.
<br />Revised 1-1-09
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