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21. COLORADO SPECIAL PROVISIONS <br />1'hese Special Provisions apply to alI Grants except where noted in italics. <br />1. CONTROLLER'S APPROVAL. CRS §24-30-202 (1). <br />This Grant shall not be deemed valid until it has been appraved by the Colorado State Controller or <br />designee. <br />2. FUND AVAILABII.ITY. 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 />3. GOVERNMENTAL IMNI[)Ni'TY. <br />No term or condition of this Grant shall be construed or interpreted as a waiver, eocpr�s or irnplied, of any <br />of the immunities, rights, bene�ts, protections, or other provisions, c�f the Colorado Governmenta! <br />Immunity Act, CRS §24-1Q-101 et seq., ar the Fedetat Tort Claims Act, 28 U.S.C. §§1346(b) and 26�1 e,t <br />seq., as applicable now or hereafter amended. <br />4. INDEPENDENT CONTRACTOR <br />Grantee shall perform its duties herennder as an independent contractor and not aS an employee. Neither <br />Grantee nar any agent or amptoyee of Grantee shall be deemed to be an agent or �mptoyee of the State. <br />Grantee and its employees and agents ar� not entitled to unemployment insurancc or workers compensation <br />benefits thraugh 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 ta Grantee and it� <br />employees and agents only if such coverage is made available by Grantee or a thikd party. Grantee shap pay <br />when due all applicable employment taxes and income taxes and locat head taxes incurred pur�uant to this <br />Grant. Grantee shall not have authorization, express or implied, to bind the State to any agreernent, liability <br />or understanding, except as expressly set forth herein. Grantee shall (a) provide and keep in fome workers' <br />compensation and unempioyment compensation insurance in the amounts require�l by taw, (b) provide <br />proof thereof when requested by the State, and (c) be soleIy responsible for its acts and thase of its <br />employees and agents. <br />5. COMPLIANCE WITH LAW. <br />Grantee shail strictty comply with all applicable federal and State laws, rules, and regulations in ef�ect or <br />hereafter eskablished, including, without limitation, laws applicable to discrimination and unfair <br />employment practices. <br />6. CHOICE OF LAW. <br />Colorado law, and rules and regulations issued pucsuant thereta, 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 re�ulations shail be null and vaid. Any provision incurparated herein by <br />refecence which purports to negate this or any other Special Provision in whole or in part shall not be valid <br />or enforceable or availabte in any action at law, whether by way of comptaint, defense, or otherwise. Any <br />provision rendered null and void by the operation of this provisian shall not invalydate the reraainder of this <br />Grant, to the extent capable of execution. <br />7. BINDING ARBiTRATION PROHIBITED. <br />The State of Colorado does not agree to binding azbitration by any extra;judicial body or person. Any <br />provision to the contrary in this Grant or incorporated harein by reference shall b� null and void. <br />8. SOFTWARE PIItACY PROHIBITION. Governor's Executive Order D 007i 00. <br />State ar other public funds payable under this Grant shall not be used for the acquisition, operation, or <br />maintenance of computer soflware in violation af federal copyright laws or applieable licensing <br />restrictions. Grantee hereby certifies and warrants that, during the terrn of this Grant arrd 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 pravision, the State may exercise <br />any remedy available at law or in equity or under this Grant, including, without limitatian, immediate <br />termination of this Grant and any remedy consistent with fedem! copyright laws or applicahte licensing <br />restrictions. <br />Page 14 of 16 <br />