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3. INDEMNIFICATION. <br /> To the extent authorized by law, the BORROWER shall indemnify, save, and hold harmless <br /> the State against any and all claims, damages, liability and court awards including costs, <br /> expenses, and attorney fees incurred as a result of any act or omission by the <br /> BORROWER, or its employees, agents, subcontractors, or assignees pursuant to the terms <br /> of this contract or as a result of the CWCB's interest in the PROJECT facilities. <br /> No term or condition of this contract shall be construed or interpreted as a waiver, <br /> express or implied, of any of the immunities, rights, be protection, or other <br /> provisions for the parties, of the Colorado Governmental I m `• A., ; ' • 24-10-101 <br /> et seq. or the Federal Tort Claims Act, 28 U.S.C. 2671 et se.. ' s J• ,;i• b as now or <br /> hereafter amended. <br /> rt, <br /> 4. NON-DISCRIMINATION. <br /> The BORROWER agrees to comply with the letter and the spfirit I I' abl state and <br /> federal laws respecting discrimination and unfair employment practices. <br /> 5. CHOICE OF LAW. <br /> The laws of the State of Colorado and rules and regulations issued pursuant thereto shall <br /> be applied in the interpretation, execution, and enforcement of this contract. Any provision <br /> of this contract, whether or not incorporated herein by reference, which provides for <br /> arbitration by any extra-judicial body or person or which is otherwise in conflict with said <br /> laws, rules, and regulations shall be considered null and void. Nothing contained in any <br /> provision incorporated herein by reference which purports to negate this or any other <br /> special provision in whole or in part shall be valid or enforceable or available in any action <br /> at law whether by way of complaint, defense, or otherwise. Any provision rendered null <br /> and void by the operation of this provision will not invalidate the remainder of this contract <br /> to the extent that the contract is capable of execution. <br /> At all times during the performance of this contract, the BORROWER shall strictly adhere to <br /> all applicable federal and state laws, rules, and regulations that have been or may <br /> hereafter be established. <br /> 6. SOFTWARE PIRACY PROHIBITION GOVERNOR'S EXECUTIVE ORDER <br /> No State or other public funds payable under this Contract shall be used for the <br /> acquisition, operation or maintenance of computer software in violation of United States <br /> copyright laws or applicable licensing restrictions. The Contractor hereby certifies that, <br /> for the term of this Contract and any extensions, the Contractor has in place appropriate <br /> systems and controls to prevent such improper use of public funds. If the State <br /> determines that the Contractor is in violation of this paragraph, the State may exercise <br /> any remedy available at law or equity or under this Contract, including, without limitation, <br /> immediate termination of the Contract and any remedy consistent with United States <br /> copyright laws or applicable licensing restrictions. <br /> 7. EMPLOYEE FINANCIAL INTEREST. CRS 24-18-201 & CRS 24-50-507 <br /> The signatories aver that to their knowledge, no employee of the State of Colorado has <br /> any personal or beneficial interest whatsoever in the service or property described <br /> herein. <br /> Revised: 7/03 <br /> Page 9 of 10 <br />