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21.COLORADO SPECIAL PROVISIONS <br /> These Special Provisions apply to all Contracts except where noted in italics. <br /> A. 1.CONTROLLER'S APPROVAL.CRS§24-30-202(1). <br /> This Contract shall not be valid until it has been approved by the Colorado State Controller or designee. <br /> B.2.FUND AVAILABILITY.CRS§24-30-202(5.5). <br /> Financial obligations of the State payable after the current fiscal year are contingent upon funds for that <br /> purpose being appropriated, budgeted,and otherwise made available. <br /> C.3. GOVERNMENTAL IMMUNITY. <br /> No term or condition of this Contract shall be construed or interpreted as a waiver,express or implied,of <br /> any of the immunities,rights,benefits,protections,or other provisions,of the Colorado Governmental <br /> Immunity Act,CRS §24-10-101 et seq.,or the Federal Tort Claims Act,28 U.S.C. §§1346(b)and 2671 et <br /> seq.,as applicable now or hereafter amended. <br /> D.4.INDEPENDENT CONTRACTOR <br /> Contractor shall perform its duties hereunder as an independent contractor and not as an employee.Neither <br /> Contractor nor any agent or employee of Contractor shall be deemed to be an agent or employee of the <br /> State.Contractor and its employees and agents are not entitled to unemployment insurance or workers <br /> compensation benefits through the State and the State shall not pay for or otherwise provide such coverage <br /> for Contractor or any of its agents or employees.Unemployment insurance benefits will be available to <br /> Contractor and its employees and agents only if such coverage is made available by Contractor or a third <br /> party.Contractor shall pay when due all applicable employment taxes and income taxes and local head <br /> taxes incurred pursuant to this Contract Contractor shall not have authorization,express or implied,to bind <br /> the State to any agreement,liability or understanding,except as expressly set forth herein.Contractor shall <br /> (a)provide and keep in force workers'compensation and unemployment compensation insurance in the <br /> amounts required by law,(b)provide proof thereof when requested by the State,and(c)be solely <br /> responsible for its acts and those of its employees and agents. <br /> E. 5.COMPLIANCE WITH LAW. <br /> Contractor shall strictly comply with all applicable federal and State laws,rules,and regulations in effect or <br /> hereafter established,including,without limitation,laws applicable to discrimination and unfair <br /> employment practices. <br /> F.6.CHOICE OF LAW. <br /> Colorado law,and rules and regulations issued pursuant thereto,shall be applied in the interpretation, <br /> execution,and enforcement of this Contract.Any provision included or incorporated herein by reference <br /> which conflicts with said laws,rules,and regulations shall be null and void.Any provision incorporated <br /> herein by reference which purports to negate this or any other Special Provision in whole or in part shall <br /> not be valid or enforceable or available in any action at law,whether by way of complaint,defense,or <br /> otherwise.Any provision rendered null and void by the operation of this provision shall not invalidate the <br /> remainder of this Contract,to the extent capable of execution. <br /> G.7.BINDING ARBITRATION PROHIBITED. <br /> The State of Colorado does not agree to binding arbitration by any extra judicial body or person.Any <br /> provision to the contrary in this Contract or incorporated herein by reference shall be null and void. <br /> H.8.SOFTWARE PIRACY PROHIBITION.Governor's Executive Order D 002 00. <br /> State or other public funds payable under this Contract shall not be used for the acquisition,operation,or <br /> maintenance of computer software in violation of federal copyright laws or applicable licensing <br /> restrictions.Contractor hereby certifies and warrants that,during the term of this Contract and any <br /> extensions,Contractor has and shall maintain in place appropriate systems and controls to prevent such <br /> improper use of public funds.If the State determines that Contractor is in violation of this provision,the <br /> State may exercise any remedy available at law or in equity or under this Contract, including,without <br /> limitation,immediate termination of this Contract and any remedy consistent with federal copyright laws or <br /> applicable licensing restrictions. <br /> Page 14 <br />