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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 <br /> approved 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 <br /> current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise <br /> made available. <br /> 3. GOVERNMENTAL IMMUNITY. No term or condition of this contract shall be construed or interpreted <br /> as a waiver, express or implied, of any of the immunities, rights, benefits, protections, or other provisions, of <br /> the Colorado Governmental Immunity Act, CRS §24 -10 -101 et seq., or the Federal Tort Claims Act, 28 <br /> U.S.C. § §1346(b) and 2671 et seq., as applicable now or hereafter amended. <br /> 4. INDEPENDENT CONTRACTOR. Contractor shall perform its duties hereunder as an independent <br /> contractor and not as an employee. Neither Contractor nor any agent or employee of Contractor shall be <br /> deemed to be an agent or employee of the State. Contractor and its employees and agents are not entitled <br /> to unemployment insurance or workers compensation benefits through the State and the State shall not pay <br /> for or otherwise provide such coverage for Contractor or any of its agents or employees. Unemployment <br /> insurance benefits will be available to Contractor and its employees and agents only if such coverage is <br /> made available by Contractor or a third party. Contractor shall pay when due all applicable employment <br /> taxes and income taxes and local head taxes incurred pursuant to this contract. Contractor shall not have <br /> authorization, express or implied, to bind the State to any agreement, liability or understanding, except as <br /> expressly set forth herein. Contractor shall (a) provide and keep in force workers' compensation and <br /> unemployment compensation insurance in the amounts required by law, (b) provide proof thereof when <br /> requested by the State, and (c) be solely responsible for its acts and those of its employees and agents. <br /> 5. COMPLIANCE WITH LAW. Contractor shall strictly comply with all applicable federal and State laws, <br /> rules, and regulations in effect or hereafter established, including, without limitation, laws applicable to <br /> discrimination and unfair employment practices. <br /> 6. CHOICE OF LAW. Colorado law, and rules and regulations issued pursuant thereto, shall be applied in <br /> the interpretation, execution, and enforcement of this contract. Any provision included or incorporated <br /> herein by reference which conflicts with said laws, rules, and regulations shall be null and void. Any <br /> provision incorporated herein by reference which purports to negate this or any other Special Provision in <br /> whole or in part shall not be valid or enforceable or available in any action at law, whether by way of <br /> complaint, defense, or otherwise. Any provision rendered null and void by the operation of this provision <br /> shall not invalidate the remainder of this contract, to the extent capable of execution. <br /> 7. BINDING ARBITRATION PROHIBITED. The State of Colorado does not agree to binding arbitration by <br /> any extra - judicial body or person. Any provision to the contrary in this contact or incorporated herein by <br /> reference shall be null and void. <br /> 8. SOFTWARE PIRACY PROHIBITION. Governor's Executive Order D 002 00. State or other public <br /> funds payable under this contract shall not be used for the acquisition, operation, or maintenance of <br /> computer software in violation of federal copyright laws or applicable licensing restrictions. Contractor <br /> hereby certifies and warrants that, during the term of this contract and any extensions, Contractor has and <br /> shall maintain in place appropriate systems and controls to prevent such improper use of public funds. If the <br /> State determines that Contractor is in violation of this provision, the State may exercise any remedy <br /> available at law or in equity or under this contract, including, without limitation, immediate termination of this <br /> contract and any remedy consistent with federal copyright laws or applicable licensing restrictions. <br /> Loan Contract C150306 <br /> Page 9 of 11 <br />