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3. INDEMNIFICATION. <br /> Indemnity: The contractor shall indemnify, save, and hold harmless the State against any and <br /> all claims, damages, liability and court awards including costs, expenses, and attorney fees <br /> incurred as a result of any act or omission by the Contractor, or its employees, agents, <br /> subcontractors, or assignees pursuant to the terms of this contract. <br /> No term or condition of this contract shall be construed or interpreted as a waiver, express or <br /> implied, of any of the immunities, rights, benefits, protection, or other provisions for the parties, <br /> of the Colorado Governmental Immunity Act, CRS 24-10-101 et seq. or the Federal Tort Claims <br /> Act, 28 U.S.C. 2671 et seq. as applicable, as now or hereafter amended. <br /> 4. INDEPENDENT CONTRACTOR. 4 CCR 801-2 <br /> THE CONTRACTOR SHALL PERFORM ITS DUTIES HEREUNDER AS AN INDEPENDENT CONTRACTOR AND NOT <br /> AS AN EMPLOYEE. NEITHER THE CONTRACTOR NOR ANY AGENT OR EMPLOYEE OF THE CONTRACTOR <br /> SHALL BE OR SHALL BE DEEMED TO BE AN AGENT OR EMPLOYEE OF THE STATE. CONTRACTOR SHALL PAY <br /> WHEN DUE ALL REQUIRED EMPLOYMENT TAXES AND INCOME TAX AND LOCAL HEAD TAX ON ANY MONIES <br /> PAID BY THE STATE PURSUANT TO THIS CONTRACT. CONTRACTOR ACKNOWLEDGES THAT THE <br /> CONTRACTOR AND ITS EMPLOYEES ARE NOT ENTITLED TO UNEMPLOYMENT INSURANCE BENEFITS UNLESS <br /> THE CONTRACTOR OR THIRD PARTY PROVIDES SUCH COVERAGE AND THAT THE STATE DOES NOT PAY FOR <br /> OR OTHERWISE PROVIDE SUCH COVERAGE. CONTRACTOR SHALL HAVE NO AUTHORIZATION, EXPRESS OR <br /> IMPLIED, TO BIND THE STATE TO ANY AGREEMENTS, LIABILITY, OR UNDERSTANDING EXCEPT AS <br /> 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 <br /> UNEMPLOYMENT COMPENSATION INSURANCE IN THE AMOUNTS REQUIRED BY LAW, AND SHALL BE SOLELY <br /> RESPONSIBLE FOR THE ACTS OF THE CONTRACTOR, ITS EMPLOYEES AND AGENTS. <br /> 5. NON-DISCRiMiINATION. • <br /> The contractor agrees to comply with the letter and the spirit of aft pRCab1e state and federal <br /> laws respecting discrimination and unfair employment practices. <br /> 6. CHOICE OF LAW. 1 ` , -y - <br /> I <br /> The laws of the State of Colorado and rules and regulations isstlef9 pi rsuar)t thereto shall be <br /> applied in the interpretation, execution, and enforcement of this contract Any provision of this <br /> contract, whether or not incorporated herein by reference, which provides for arbitration by any <br /> extra-judicial body or person or which is otherwise in conflict with said laws, rules, and regulations <br /> shall be considered null and void. Nothing contained in any provision incorporated herein by <br /> reference which purports to negate this or any other special provision in whole or in part shall be <br /> valid or enforceable or available in any action at law whether by way of complaint, defense, or <br /> otherwise. Any provision rendered null and void by the operation of this provision will not <br /> invalidate the remainder of this contract to the extent that the contract is capable of execution. <br /> At all times during the performance of this contract, the Contractor shall strictly adhere to all <br /> applicable federal and state laws, rules, and regulations that have been or may hereafter be <br /> established. <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 any <br /> personal or beneficial interest whatsoever in the service or property described herein. <br /> Revised: 1211101 <br /> Town of Monument Page 8 of 9 Loan Contract <br />