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21. COLORADO SPECIAL PROVISIONS
<br />The Special Provisions appiy to all Grants except where noted in italics.
<br />A. 1. CONTRpLLER'S APPROVAI,. CRS §24-30.202 (1).
<br />This Grant sha11 not be deemed valid until it has been approved by the Colorado State Controller or
<br />designee.
<br />B. 2. FIJNp AVAII,AgII,I'�.y. Cg,� §24-30-202(5.�.
<br />Financial obligations of the State payable after the current fiscal yeaz are contingent upon funds for that
<br />purpose being appropriated, budgeted, and otherwise made available.
<br />C. 3. GOVEIt1VMENTA�, �N�.
<br />No term or condition of this Grant shall be construed or interpreted as a waiver, express or implied, of any
<br />of the immunities, rights, benefits, protections, or other provisions, of the Colorado Governmental
<br />Immunity Act, CRS §24-10-101 et seq., or the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b) and 2671 et
<br />seq., as applicable now or hereafter amended.
<br />D. 4. INDEpENDENT CONTRACTOR
<br />Grantee shall perform its duties hereunder as an independent Grantee and not as an employee. Neither
<br />Grantee nor any agent or employee of Grantee shall be deemed to be an agent or employee of the State.
<br />Grantee and its employees and agents are not entitled to unemployment insurance or workers compensation
<br />benefits through the State and the State shall not pay for or otherwise provide such coverage for Grantee or
<br />any of its agents or employees. Unemployment insurance benefits shall be available to Grantee and its
<br />employees and agents only if such coverage is made available by Grantee or a third party, Grantee shall pay
<br />when due all applicable employment talces and income taxes and local head taxes incurred pursuant to this
<br />Cn'ant. Grantee shall not have authorization, express or implied, to bind the State to any Grant, liability or
<br />understanding, except as expressly set forth herein. Grantee shall a
<br />compensation and unemployment compensation insurance in the am unts re uired b Pl �,f � be workers'
<br />proof thereof when requested by the State, and (c) be so le ly responsible for it acts and tho e of tsvide
<br />employees and agents.
<br />E. 5. COMPLIANCE WITg LAW.
<br />Grantee shall strictly comply with all applicable federal and State laws, rules, and regulations in effect or
<br />hereafter established, including, without limitation, laws applicable to discrimiriation and unfair
<br />employment practices.
<br />F. 6. CHOICE OF LAW.
<br />Colorado law, and rules and regulations issued pursuant thereto, shall be applied in the interpretation,
<br />execution, and enforcement of this grant. Any provision included or incorporated herein by reference which
<br />conflicts with said laws, rules, and regulations sha11 be null and void. Any provision incorporated herein by
<br />reference which purports to negate this or any other Special Provision in whole or in part shall not be valid
<br />or enforceable or available in any action at law, whether by way of complaint, defense, or otherwise. Any
<br />provision rendered null and void by the operation of this provision shall not invalida.te the remainder of this
<br />Grant, to the extent capable of execution.
<br />G. 7. BINDING ARgITR�TION PROHIBITED.
<br />The State of Colorado dces not agree to binding a.rbitration by any extra-judicial body or person. Any
<br />provision to the contrary in this contact or incorporated herein by reference shall be null and void.
<br />H. S. SOFTWARE p�Cy pRO�ITION. Governor's Eaecutive Order D 002 00.
<br />State or other public funds payable under this Grant shall not be used for the acquisition, operation, or
<br />maintenance of computer sof�ware in violation of federal co
<br />restrictions. Grantee hereby certifies and warrants that, during the�telrm of thispGr tland any ex�tensions,
<br />Grantee has and sha11 maintain in place appropriate systems and controls to prevent such improper use of
<br />public funds. If the Sta.te determines that Grantee is in violation of this provision, the State may exercise
<br />any remedy available at law or in equity or under this Grant, including, without limitation, immediate
<br />termination of this Grant and any remedy consistent with federal copyright laws or applicable licensing
<br />restrictions.
<br />I. 9. EMPLOYEE FINANCIAL INTEREST. CRS §§24_18-201 and 24-50-507.
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