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• Logan Well Users, Inc. <br /> Attn: Kevin Vollmer, President <br /> P. O. Box 1172, Sterling, CO 80751 <br /> 970-522-6511 <br /> J. SPECIAL PROVISIONS. State Fiscal Rule 3-1 requires the inclusion of these Special <br /> Provisions in every STATE contract, including contracts for nonreimbursable <br /> 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 of <br /> 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 and <br /> agents, against any and all claims, damages, liability and court awards including costs, <br /> 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 <br /> INDEPENDENT CONTRACTOR AND NOT AS AN EMPLOYEE. NEITHER THE <br /> CONTRACTOR NOR ANY AGENT OR EMPLOYEE OF THE CONTRACTOR SHALL <br /> BE OR SHALL BE DEEMED TO BE AN AGENT OR EMPLOYEE OF THE STATE. <br /> CONTRACTOR SHALL PAY WHEN DUE ALL REQUIRED EMPLOYMENT TAXES <br /> AND INCOME TAX AND LOCAL HEAD TAX ON ANY MONIES PAID BY THE STATE <br /> PURSUANT TO THIS CONTRACT. CONTRACTOR ACKNOWLEDGES THAT THE <br /> CONTRACTOR AND ITS EMPLOYEES ARE NOT ENTITLED TO UNEMPLOYMENT <br /> INSURANCE BENEFITS UNLESS THE CONTRACTOR OR THIRD PARTY <br /> PROVIDES SUCH COVERAGE AND THAT THE STATE DOES NOT PAY FOR OR <br /> OTHERWISE PROVIDE SUCH COVERAGE. CONTRACTOR SHALL HAVE NO <br /> AUTHORIZATION, EXPRESS OR IMPLIED, TO BIND THE STATE TO ANY <br /> AGREEMENTS, LIABILITY, OR UNDERSTANDING EXCEPT AS EXPRESSLY SET <br /> FORTH HEREIN. CONTRACTOR SHALL PROVIDE AND KEEP IN FORCE <br /> WORKERS' COMPENSATION (AND PROVIDE PROOF OF SUCH INSURANCE <br /> WHEN REQUESTED BY THE STATE) AND UNEMPLOYMENT COMPENSATION <br /> INSURANCE IN THE AMOUNTS REQUIRED BY LAW, AND SHALL BE SOLELY <br /> RESPONSIBLE FOR THE ACTS OF THE CONTRACTOR, ITS EMPLOYEES AND <br /> ioAGENTS. <br /> Page 3 of 5 <br />