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follows: PROJECT Finish: 4 years from the Effective Date of this Contract.
<br /> Except for the SPECIAL PROVISIONS, in the event of any conflict, inconsistency, variance, or
<br /> contradiction between the provisions of this Amendment and any of the provisions of the
<br /> ORIGINAL CONTRACT, the provisions of this Amendment shall in all respects supersede,
<br /> govern, and control. The SPECIAL PROVISIONS shall always be controlling over other
<br /> provisions in the contract or amendments. The representations in the SPECIAL
<br /> PROVISIONS concerning the absence of bribery or corrupt influences and personal interest
<br /> of STATE employees are presently reaffirmed.
<br /> Financial obligations of the state payable after the current fiscal year are contingent upon
<br /> funds for that purpose being appropriated, budgeted, and of is made available.
<br /> This amendment shall not be deemed valid or effective un I . v en approved
<br /> by the controller of the State of Colorado or such assistant as te.
<br /> SPECIAL PRL °FULL
<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 been
<br /> 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 current fiscal
<br /> year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available.
<br /> 3. INDEMNIFICATION. Contractor shall indemnify, save, and hold harmless the State, its employees and agents,
<br /> against any and all claims, damages, liability and court awards including costs, expenses, and attorney fees and
<br /> related costs, incurred as a result of any act or omission by Contractor, or its employees, agents, subcontractors, or
<br /> assignees pursuant to the terms of this contract.
<br /> [Applicable Only to Intergovernmental Contracts] No term or condition of this contract shall be construed or
<br /> interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protection, or other provisions,
<br /> of the Colorado Governmental Immunity Act, CRS 24-10-101 et seq., or the Federal Tort Claims Act,28 U.S.C. 2671
<br /> 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 shall
<br /> be or shall be deemed to be an agent or employee of the state. Contractor shall pay when due all required
<br /> employment taxes and income taxes and local head taxes on any monies paid by the state pursuant to this contract.
<br /> Contractor acknowledges that contractor and its employees are not entitled to unemployment insurance benefits
<br /> unless contractor or a third party provides such coverage and that the state does not pay for or otherwise provide
<br /> such coverage. Contractor shall have no authorization, express or implied, to bind the state to any agreement,
<br /> liability or understanding, except as expressly set forth herein. Contractor shall provide and keep in force workers'
<br /> compensation (and provide proof of such insurance when requested by the state)and unemployment compensation
<br /> insurance in the amounts required by law and shall be solely responsible for its acts and those of its employees and
<br /> agents.
<br /> 5. NON-DISCRIMINATION. Contractor agrees to comply with the letter and the spirit of all applicable State and
<br /> federal laws respecting discrimination and unfair employment practices.
<br /> 6. CHOICE OF LAW. 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 of this contract, whether
<br /> or not incorporated herein by reference, which provides for arbitration by any extra-judicial body or person or which is
<br /> otherwise in conflict with said laws, rules, and regulations shall be considered null and void. Nothing contained in
<br /> any provision incorporated herein by reference which purports to negate this or any other special provision in whole
<br /> or in part shall be valid or enforceable or available in any action at law, whether by way of complaint, defense, or
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