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• <br /> 21. COLORADO SPECIAL PROVISIONS <br /> These Special Provisions apply to all Grants except where noted in italics. <br /> A. 1.CONTROLLER'S APPROVAL.CRS§24-30-202(1). <br /> This Grant shall not be deemed valid until it has been approved by the Colorado State Controller or <br /> 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 Grant shall be construed or interpreted as a waiver,express or implied,of any <br /> 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 /> Grantee shall perform its duties hereunder as an independent contractor and not as an employee.Neither <br /> Grantee nor any agent or employee of Grantee shall be deemed to be an agent or employee of the State. <br /> Grantee and its employees and agents are not entitled to unemployment insurance or workers compensation <br /> benefits through the State and the State shall not pay for or otherwise provide such coverage for Grantee or <br /> any of its agents or employees.Unemployment insurance benefits will be available to Grantee and its <br /> employees and agents only if such coverage is made available by Grantee or a third party.Grantee shall pay <br /> when due all applicable employment taxes and income taxes and local head taxes incurred pursuant to this <br /> Grant. Grantee shall not have authorization,express or implied,to bind the State to any agreement, liability <br /> or understanding,except as expressly set forth herein.Grantee shall(a)provide and keep in force workers' <br /> compensation and unemployment compensation insurance in the amounts required by law,(b)provide <br /> proof thereof when requested by the State,and(c)be solely responsible for its acts and those of its <br /> employees and agents. <br /> E. 5.COMPLIANCE WITH LAW. <br /> Grantee 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 grant.Any provision included or incorporated herein by reference which <br /> conflicts with said laws,rules,and regulations shall be null and void.Any provision incorporated herein by <br /> reference which purports to negate this or any other Special Provision in whole or in part shall not be valid <br /> or enforceable or available in any action at law,whether by way of complaint,defense,or otherwise.Any <br /> provision rendered null and void by the operation of this provision shall not invalidate the remainder of this <br /> Grant,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 Grant 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 Grant 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.Grantee hereby certifies and warrants that,during the term of this Grant and any extensions, <br /> Grantee has and shall maintain in place appropriate systems and controls to prevent such improper use of <br /> public funds.If the State determines that Grantee is in violation of this provision,the State may exercise <br /> any remedy available at law or in equity or under this Grant,including,without limitation, immediate <br /> termination of this Grant and any remedy consistent with federal copyright laws or applicable licensing <br /> restrictions. <br /> Page 13 of 15 <br /> as. <br />