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H. Survival of Certain Contract Terms <br /> Any provision of this Contract that imposes an obligation on a Party after termination or <br /> expiration of the Contract shall survive the termination or expiration of the Contract and shall <br /> be enforceable by the other Party. <br /> I. Third Party Beneficiaries <br /> Except for the Parties' respective successors and assigns described in §25.A., this Contract <br /> does not and is not intended to confer any rights or remedies upon any person or entity other <br /> than the Parties. Enforcement of this Contract and all rights and obligations hereunder are <br /> reserved solely to the Parties. Any services or benefits which third parties receive as a result <br /> of this Contract are incidental to the Contract, and do not create any rights for such third <br /> parties. <br /> J. Waiver <br /> A Party's failure or delay in exercising any right, power, or privilege under this Contract, <br /> whether explicit or by lack of enforcement,shall not operate as a waiver,nor shall any single <br /> or partial exercise of any right,power, or privilege preclude any other or further exercise of <br /> such right,power,or privilege. <br /> 26. COLORADO SPECIAL PROVISIONS (COLORADO FISCAL RULE 3-1) <br /> These Special Provisions apply to all contracts except where noted in italics. <br /> A. CONTROLLER'S APPROVAL. §24-30-202(1),C.R.S. <br /> This Contract shall not be valid until it has been approved by the Colorado State Controller <br /> or designee. <br /> B. FUND AVAILABILITY. §24-30-202(5.5), C.R.S. <br /> Financial obligations of the State payable after the current State Fiscal Year are contingent <br /> upon funds for that purpose being appropriated,budgeted, and otherwise made available. <br /> C. GOVERNMENTAL IMMUNITY. <br /> No term or condition of this Contract shall be construed or interpreted as a waiver, express <br /> or implied,of any of the immunities, rights,benefits,protections,or other provisions, of the <br /> Colorado Governmental Immunity Act,§24-10-101 et seq. C.R.S.,or the Federal Tort Claims <br /> Act,28 U.S.C. Pt. VI, Ch. 171 and 28 U.S.C. 1346(b). <br /> D. INDEPENDENT CONTRACTOR <br /> Borrower shall perform its duties hereunder as an independent contractor and not as an <br /> employee.Neither Borrower nor any agent or employee of Borrower shall be deemed to be <br /> an agent or employee of the State. Borrower and its employees and agents are not entitled to <br /> unemployment insurance or workers compensation benefits through the State and the State <br /> shall not pay for or otherwise provide such coverage for Borrower or any of its agents or <br /> employees. Unemployment insurance benefits will be available to Borrower and its <br /> employees and agents only if such coverage is made available by Borrower or a third party. <br /> Borrower shall pay when due all applicable employment taxes and income taxes and local <br /> head taxes incurred pursuant to this Contract. Borrower shall not have authorization,express <br /> or implied,to bind the State to any agreement, liability or understanding, except as expressly <br /> set forth herein. Borrower shall (i) provide and keep in force workers' compensation and <br /> unemployment compensation insurance in the amounts required by law, (ii) provide proof <br /> Page 13 of 15 <br /> Contract Number:CT2018-2028 <br />