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. • <br /> SPECIAL PROVISIONS <br /> The 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 deemed valid <br /> until it has been approved by the Colorado State Controller or designee. <br /> 2. FUND AVAILABILITY. CRS 24-30-202(5.5). Financial obligation -te payable after <br /> the current fiscal year are contingent upon funds for that purpose be • budgeted, <br /> and otherwise made available. <br /> 3. INDEMNIFICATION. Contractor shall indemnify, save, Id he State, its <br /> employees and agents, against any and all claims, damages, liability ar including <br /> costs, expenses, and attorney fees and related costs, incurred as a result o r mission <br /> by Contractor, or its employees, agents, subcontractors, or assignees pursuant to the terms of <br /> this contract. <br /> [Applicable Only to Intergovernmental Contracts] No term or condition of this contract shall <br /> be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, <br /> benefits, protection, or other provisions, of the Colorado Governmental Immunity Act, CRS 24- <br /> 10-101 et seq., or the Federal Tort Claims Act, 28 U.S.C. 2671 et seq., as applicable, as now or <br /> hereafter amended. <br /> 4. INDEPENDENT CONTRACTOR. 4 CCR 801-2. Contractor shall perform its duties <br /> hereunder as an independent contractor and not as an employee. Neither contractor nor any <br /> agent or employee of contractor shall be or shall be deemed to be an agent or employee of the <br /> state. Contractor shall pay when due all required employment taxes and income taxes and local <br /> head taxes on any monies paid by the state pursuant to this contract. Contractor acknowledges <br /> that contractor and its employees are not entitled to unemployment insurance benefits unless <br /> contractor or a third party provides such coverage and that the state does not pay for or <br /> otherwise provide such coverage. Contractor shall have no authorization, express or implied, to <br /> bind the state to any agreement, liability or understanding, except as expressly set forth herein. <br /> Contractor shall provide and keep in force workers' compensation (and provide proof of such <br /> insurance when requested by the state) and unemployment compensation insurance in the <br /> amounts required by law and shall be solely responsible for its acts and those of its employees <br /> and agents. <br /> 5. NON-DISCRIMINATION. Contractor agrees to comply with the letter and the spirit of all <br /> applicable State and federal laws respecting discrimination and unfair employment practices. <br /> 6. CHOICE OF LAW. The laws of the State of Colorado, and rules and regulations issued <br /> pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this <br /> contract. Any provision of this contract, whether or not incorporated herein by reference, which <br /> provides for arbitration by any extra-judicial body or person or which is otherwise in conflict with <br /> said laws, rules, and regulations shall be considered null and void. Nothing contained in any <br /> provision incorporated herein by reference which purports to negate this or any other special <br /> provision in whole or in part shall be valid or enforceable or available in any action at law, <br /> whether by way of complaint, defense, or otherwise. Any provision rendered null and void by the <br /> operation of this provision will not invalidate the remainder of this contract, to the extent that this <br /> contract is capable of execution. At all times during the performance of this contract, Contractor <br /> shall strictly adhere to all applicable federal and State laws, rules, and regulations that have been <br /> Loan Contract C150235 <br /> Page 9 of 11 <br />