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<br /> Colorado Water Conservation Board
<br /> Attn: Construction Fund Section
<br /> 1313 Sherman Street, Room 721
<br /> Denver, CO 80203
<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 until it has
<br /> been approved by the Colorado State Controller or designee.
<br /> 2. FUND AVAILABILITY. CRS §24-30-202(5.5). Financial obligations of the State payable after the
<br /> current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise
<br /> made available.
<br /> 3. INDEMNIFICATION. 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, expenses, and
<br /> attorney fees and related costs, incurred as a result of any act or omission by Contractor, or its employees,
<br /> agents, subcontractors, or assignees pursuant to the terms of this contract.
<br /> [Applicable Only to Intergovernmental Contracts] No term or condition of this contract shall be
<br /> construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits,
<br /> protection, or other provisions, of the Colorado Governmental Immunity Act, CRS§24-10-101 et seq., or the
<br /> Federal Tort Claims Act, 28 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 hereunder as an
<br /> independent contractor and not as an employee. Neither contractor nor any agent or employee of contractor
<br /> shall be or shall be deemed to be an agent or employee of the state. Contractor shall pay when due all
<br /> required employment taxes and income taxes and local head taxes on any monies paid by the state
<br /> pursuant to this contract. Contractor acknowledges that contractor and its employees are not entitled to
<br /> unemployment insurance benefits unless contractor or a third party provides such coverage and that the
<br /> state does not pay for or otherwise provide such coverage. Contractor shall have no authorization, express
<br /> or implied, to bind the state to any agreement, liability or understanding, except as expressly set forth
<br /> herein. 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 amounts
<br /> required by law and shall be solely responsible for its acts and those of its employees and agents.
<br /> 5. NON-DISCRIMINATION. Contractor agrees to comply with the letter and the spirit of all applicable
<br /> State and federal laws respecting discrimination and unfair employment p actices.
<br /> 6. CHOICE OF LAW. The laws of the State of Colorado, and rul ,fir issued pursuant
<br /> thereto, shall be applied in the interpretation, execution, and e•forceme I,:- • ,�•: 'fly provision of
<br /> this contract, whether or not incorporated herein by reference 1, •rovides • - /iT , on by any extra-
<br /> judicial body or person or which is otherwise in conflict -s, and regulations shall be
<br /> considered null and void. Nothing contained in any provis • i .• •• '": - . by reference which
<br /> purports to negate this or any other special provision in whole or in •- • id -nforceable or
<br /> available in any action at law, whether by way of complaint, defense, or othe ` •vision rendered
<br /> null and void by the operation of this provision will not invalidate the remainder of this , to the extent
<br /> that this 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 or may
<br /> Loan Contract C150276
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