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I. STATE PURCHASED HARDWARE/SOFTWARE <br /> Any computer hardware or software purchased by the State, or by Engineer with <br /> Contract funds, for use by Engineer for CRDSS development, shall remain the property of the <br /> State and be returned to the State on completion or termination of this contract, unless <br /> Engineer's term of use of that computer hardware and software is explicitly extended through a <br /> subsequent contract with the State. <br /> J. ASSIGNABILITY <br /> This Contract is not assignable by either party without the prior written approval of both <br /> parties. <br /> K. SEPARATION FROM CONTRACTING PROCESS <br /> Engineer warrants that it has not employed or retained any company or person, other <br /> than a bona fide employee working solely for it, to solicit or secure this contract and that it has <br /> not paid or agreed to pay any person, company, corporation, individual or, firm, other than a <br /> bona fide employee working solely for it, any fee, commission, percentage, gift or other <br /> consideration contingent upon or resulting from the award or the making of this contract. <br /> L. INDEPENDENT CONTRACTOR <br /> Contractor, subcontractors and subconsultants shall perform their duties hereunder as <br /> independent contractors and not as employees. Neither Contractor, subcontractors or <br /> subconsultants, nor any agent or employee of Contractor, subcontractors, or subconsultants <br /> shall be or shall be deemed to be an agent or employee of the State. Contractor, <br /> subcontractors, and subconsultants shall pay when due all required employee taxes and income <br /> tax withholding, shall provide and keep in force worker's compensation (and show proof of <br /> such insurance) and unemployment compensation insurance in the amounts required by law, <br /> and shall be solely responsible for the acts of Contractor, subcontractors, and subconsultants, <br /> their employees and agents. <br /> M. INDEMNIFICATION <br /> To the extent authorized by law, Engineer shall indemnify, save and hold harmless the <br /> State, its employees and agents, against any and all claims, damages, liability and court awards <br /> including costs, expenses, and attorney fees, to the extent such claims are caused by any <br /> Page 7 of 11 <br /> 01/26/01 <br />