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I. Captions. The captions and headings contained in this contract are for <br /> convenience and reference only and shall not be construed so as to define or limit <br /> • the terms or provisions contracted herein. <br /> J. Addresses for mailing. All notices, correspondence, or other documents required <br /> by this contract shall be delivered or mailed to the addresses shown below: <br /> Colorado Water Conservation Board <br /> Attn: Construction Fund Section <br /> 1313 Sherman Street, Room 721 <br /> Denver, CO 80203 <br /> Groundwater Appropriators of the South Platte River Basin, Inc. <br /> P. O. Box 974 <br /> Fort Morgan, CO 80701 <br /> K. SPECIAL PROVISIONS (7/1/03 version). State Fiscal Rule 3-1 requires the inclusion <br /> of these Special Provisions in every STATE contract, including contracts for <br /> nonreimbursable expenditures. <br /> (Not for Use with Inter-Governmental Contracts) <br /> 1. CONTROLLER'S APPROVAL. CRS 24-30-202 (1) <br /> This contract shall not be deemed valid until it has been approved by the Controller <br /> of the State of Colorado or such assistant as he may designate. <br /> 2. FUND AVAILABILITY. CRS 24-30-202 (5.5) <br /> Financial obligations of the State of Colorado payable after the current fiscal year are <br /> contingent upon funds for that purpose being appropriated, budgeted, and otherwise <br /> made available. <br /> 3. INDEMNIFICATION. <br /> The Contractor shall indemnify, save, and hold harmless the State, its employees <br /> and agents, against any and all claims,damages, liability and court awards including <br /> costs, expenses, and attorney fees incurred as a result of any act or omission by the <br /> Contractor, or its employees, agents, subcontractors, or assignees pursuant to the <br /> terms of this contract. <br /> 4. INDEPENDENT CONTRACTOR. 4 CCR 801-2 <br /> THE CONTRACTOR SHALL PERFORM ITS DUTIES HEREUNDER AS AN INDEPENDENT <br /> CONTRACTOR AND NOT AS AN EMPLOYEE. NEITHER THE CONTRACTOR NOR ANY AGENT OR <br /> EMPLOYEE OF THE CONTRACTOR SHALL BE OR SHALL BE DEEMED TO BE AN AGENT OR <br /> EMPLOYEE OF THE STATE. CONTRACTOR SHALL PAY WHEN DUE ALL REQUIRED EMPLOYMENT <br /> TAXES AND INCOME TAX AND LOCAL HEAD TAX ON ANY MONIES PAID.BY THE STATE PURSUANT <br /> TO THIS CONTRACT. CONTRACTOR ACKNOWLEDGES THAT THE CONTRACTOR AND ITS <br /> EMPLOYEES ARE NOT ENTITLED TO UNEMPLOYMENT INSURANCE BENEFITS UNLESS THE <br /> CONTRACTOR OR THIRD PARTY PROVIDES SUCH COVERAGE AND THAT THE STATE DOES NOT <br /> PAY FOR OR OTHERWISE PROVIDE SUCH COVERAGE. CONTRACTOR SHALL HAVE NO <br /> AUTHORIZATION, EXPRESS OR IMPLIED, TO BIND THE STATE TO ANY AGREEMENTS, LIABILITY, <br /> OR UNDERSTANDING EXCEPT AS EXPRESSLY SET FORTH HEREIN. CONTRACTOR SHALL <br /> • PROVIDE AND KEEP IN FORCE WORKERS' COMPENSATION (AND PROVIDE PROOF OF SUCH <br /> INSURANCE WHEN REQUESTED BY THE STATE) AND UNEMPLOYMENT COMPENSATION <br /> Page 3 of 5 <br />