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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 <br /> deemed valid until it has been approved by the Colorado State Controller or designee. <br /> 2. FUND AVAILABILITY. CRS 24-30-202(5.5). Financial obligations of the State <br /> payable after the current fiscal year are contingent upon funds for that purpose being <br /> appropriated, budgeted, and otherwise made available. <br /> 3. INDEMNIFICATION. Contractor shall indemnify, save, and hold harmless the State, <br /> its employees and agents, against any and all claims, damages, liability and court <br /> awards including costs, expenses, and attorney fees and related costs, incurred as a <br /> result of any act or omission by Contractor, or its employees, agents, subcontractors, or <br /> assignees pursuant to the terms of this contract. <br /> (Applicable Only to Intergovernmental Contracts]No term or condition of this <br /> contract shall be construed or interpreted as a waiver, express or implied, of any of the <br /> immunities, rights, benefits, protection, or other provisions, of the Colorado <br /> Governmental Immunity Act, CRS 24-10-101 et seq., or the Federal Tort Claims Act, 28 <br /> U.S.C. 2671 et seq., as applicable, as now or 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 <br /> any agent or employee of 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 taxes <br /> and income taxes and local head taxes on any monies paid by the state pursuant to this <br /> • contract. Contractor acknowledges that contractor and its employees are not entitled to <br /> unemployment insurance benefits unless contractor or a third party provides such <br /> coverage and that the state does not pay for or otherwise provide such coverage. <br /> Contractor shall have no authorization, express or implied, to bind the state to any <br /> agreement, liability or understanding, except as expressly set forth herein. Contractor <br /> 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 <br /> the amounts required by law and shall be solely responsible for its acts and those of its <br /> employees and agents. <br /> 5. NON-DISCRIMINATION. Contractor agrees to comply with the letter and the spirit of <br /> all applicable State and federal laws respecting discrimination and unfair employment <br /> practices. <br /> 6. CHOICE OF LAW. The laws of the State of Colorado, and rules and regulations <br /> issued pursuant thereto, shall be applied in the interpretation, execution, and <br /> enforcement of this contract. Any provision of this contract, whether or not incorporated <br /> herein by reference, which provides for arbitration by any extra judicial body or person or <br /> which is otherwise in conflict with said laws, rules, and regulations shall be considered <br /> null and void. Nothing contained in any provision incorporated herein by reference <br /> which purports to negate this or any other special provision in whole or in part shall be <br /> valid or enforceable or available in any action at law, whether by way of complaint, <br /> defense, or otherwise. Any provision rendered null and void by the operation of this <br /> provision will not invalidate the remainder of this contract, to the extent that this contract <br /> is capable of execution. At all times during the performance of this contract, Contractor <br /> 411 shall strictly adhere to all applicable federal and State laws, rules, and regulations that <br /> have been or may hereafter be established. <br /> Grant Contract No. C150246 <br /> Page 4 of 6 <br />