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Special Provisions <br /> (The Special Provisions apply to all contracts except where noted in italics.) <br /> i. CONTROLLER'S APPROVAL. CRS §24-30-202(1). This contract shall not be 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 <br /> the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, <br /> and otherwise made available. <br /> 3. GOVERNMENTAL IMMUNITY. 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, protections, <br /> 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. §§i346(b) and 267 et seq., as applicable now or hereafter <br /> amended. <br /> 4. INDEPENDENT CONTRACTOR. Contractor shall perform its duties hereunder as an <br /> independent contractor and not as an employee. Neither Contractor nor any agent or employee of <br /> Contractor shall be deemed to be an agent or employee of the State. Contractor and its employees <br /> and agents are not entitled to unemployment insurance or workers compensation benefits through <br /> the State and the State shall not pay for or otherwise provide such coverage for Contractor or any of <br /> its agents or employees. Unemployment insurance benefits will be available to Contractor and its <br /> employees and agents only if such coverage is made available by Contractor or a third party. <br /> Contractor shall pay when due all applicable employment taxes and income taxes and local head <br /> taxes incurred pursuant to this contract. Contractor shall not have authorization, express or <br /> implied, to bind the State to any agreement, liability or understanding, except as expressly set forth <br /> herein. Contractor shall (a) provide and keep in force workers' compensation and unemployment <br /> compensation insurance in the amounts required by law, (b) provide proof thereof when requested <br /> by the State, and (c) be solely responsible for its acts and those of its employees and agents. <br /> 5. COMPLIANCE WITH LAW. Contractor shall strictly comply with all applicable federal and <br /> State laws, rules, and regulations in effect or hereafter established, including, without limitation, <br /> laws applicable to discrimination and unfair employment practices. <br /> 6. CHOICE OF LAW. Colorado law, and rules and regulations issued pursuant thereto, shall be <br /> applied in the interpretation, execution, and enforcement of this contract. Any provision included <br /> or incorporated herein by reference which conflicts with said laws, rules, and regulations shall be <br /> null and void. Any provision incorporated herein by reference which purports to negate this or any <br /> other Special Provision in whole or in part shall not be valid or enforceable or available in any <br /> action at law, whether by way of complaint, defense, or otherwise.Any provision rendered null and <br /> void by the operation of this provision shall not invalidate the remainder of this contract, to the <br /> extent capable of execution. <br /> Page a of i4 <br />