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workers compensation benefits through the State and the State shall not pay for or otherwise <br /> provide such coverage for Consultant or any of its agents or employees. Unemployment <br /> insurance benefits will be available to Consultant and its employees and agents only if such <br /> coverage is made available by Consultant or a third party. Consultant shall pay when due all <br /> applicable employment taxes and income taxes and local head taxes incurred pursuant to this <br /> contract. Consultant shall not have authorization, express or implied, to bind the State to any <br /> agreement, liability or understanding, except as expressly set forth herein. Consultant shall (a) <br /> provide and keep in force workers' compensation and unemployment compensation insurance <br /> in the amounts required by law, (b)provide proof thereof when requested by the State, and (c) <br /> be solely responsible for its acts and those of its employees and agents. <br /> 8.5 COMPLIANCE WITH LAW. Consultant shall strictly comply with all applicable federal <br /> and State laws, rules, and regulations in effect or hereafter established, including, without <br /> limitation, laws applicable to discrimination and unfair employment practices. <br /> 8.6 CHOICE OF LAW. Colorado law, and rules and regulations issued pursuant thereto, <br /> shall be applied in the interpretation, execution, and enforcement of this contract. Any provision <br /> included or incorporated herein by reference which conflicts with said laws, rules, and <br /> regulations shall be null and void. Any provision incorporated herein by reference which <br /> purports to negate this or any other Special Provision in whole or in part shall not be valid or <br /> enforceable or available in any action at law, whether by way of complaint, defense, or <br /> otherwise. Any provision rendered null and void by the operation of this provision shall not <br /> invalidate the remainder of this contract, to the extent capable of execution. <br /> 8.7 BINDING ARBITRATION PROHIBITED, The State of Colorado does not agree to <br /> binding arbitration by any extra-judicial body or person. Any provision to the contrary in this <br /> contact or incorporated herein by reference shall be null and void. <br /> 8.8 SOFTWARE PIRACY PROHIBITION. Governor's Executive Order D 002 00. State or <br /> other public funds payable under this contract shall not be used for the acquisition, operation, or <br /> maintenance of computer software in violation of federal copyright laws or applicable licensing <br /> restrictions. Consultant hereby certifies and warrants that, during the term of this contract and <br /> any extensions, Consultant has and shall maintain in place appropriate systems and controls to <br /> prevent such improper use of public funds. If the State determines that Consultant is in violation <br /> of this provision, the State may exercise any remedy available at law or in equity or under this <br /> contract, including, without limitation, immediate termination of this contract and any remedy <br /> consistent with federal copyright laws or applicable licensing restrictions. <br /> 8.9 EMPLOYEE FINANCIAL INTEREST/CONFLICT OF INTEREST. CRS §24-18201 <br /> and§24-50-507. The signatories aver that to their knowledge, no employee of the State has any <br /> personal or beneficial interest whatsoever in the service or property described in this contract. <br /> Consultant has no interest and shall not acquire any interest, direct or indirect, that would <br /> conflict in any manner or degree with the performance of Consultant's services and Consultant <br /> shall not employ any person having such known interests. <br /> 8.10 VENDOR OFFSET. CRS §§24-30-202 (1) and 24-30-202.4. [Not Applicable to <br /> intergovernmental agreements] Subject to CRS §24-30-202.4 (3.5), the State Controller may <br /> withhold payment under the State's vendor offset intercept system for debts owed to State <br /> agencies for: (a) unpaid child support debts or child support arrearages; (b) unpaid balances of <br /> tax, accrued interest, or other charges specified in CRS §39-21-101, et seq.; (c) unpaid loans <br /> due to the Student Loan Division of the Department of Higher Education; (d) amounts required <br /> to be paid to the Unemployment Compensation Fund; and (e) other unpaid debts owing to the <br /> State as a result of final agency determination or judicial action. <br /> Rev. 5/2011 Page 5 of 10 <br /> SC-5.3 <br />