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CT2018-2829 Contract
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CT2018-2829 Contract
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Last modified
2/28/2018 1:22:21 PM
Creation date
2/28/2018 1:22:08 PM
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Loan Projects
Contract/PO #
CT2018-2829
Contractor Name
Lupton Bottom Ditch Company
Contract Type
Loan
Loan Projects - Doc Type
Contract Documents
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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 /> thereof when requested by the State, and (iii) be solely responsible for its acts and those of <br /> its employees and agents. <br /> E. COMPLIANCE WITH LAW. <br /> Borrower shall strictly comply with all applicable federal and State laws, rules, and <br /> regulations in effect or hereafter established, including, without limitation, laws applicable <br /> to discrimination and unfair employment practices. <br /> F. CHOICE OF LAW. <br /> Colorado law, and rules and regulations issued pursuant thereto, shall be applied in the <br /> interpretation, execution, and enforcement of this Contract. Any provision included or <br /> incorporated herein by reference which conflicts with said laws, rules, and regulations shall <br /> be null and void. Any provision incorporated herein by reference which purports to negate <br /> this or any other Special Provision in whole or in part shall not be valid or enforceable or <br /> available in any action at law, whether by way of complaint, defense, or otherwise. Any <br /> provision rendered null and void by the operation of this provision shall not invalidate the <br /> remainder of this Contract,to the extent capable of execution. <br /> G. BINDING ARBITRATION PROHIBITED. <br /> The State of Colorado does not agree to binding arbitration by any extra judicial body or <br /> person. Any provision to the contrary in this Contract or incorporated herein by reference <br /> shall be null and void. <br /> H. SOFTWARE PIRACY PROHIBITION. Governor's Executive Order D 002 00. <br /> State or other public funds payable under this Contract shall not be used for the acquisition, <br /> operation, or maintenance of computer software in violation of federal copyright laws or <br /> applicable licensing restrictions.Borrower hereby certifies and warrants that,during the term <br /> of this Contract and any extensions, Borrower has and shall maintain in place appropriate <br /> systems and controls to prevent such improper use of public funds. If the State determines <br /> that Borrower is in violation of this provision, the State may exercise any remedy available <br /> at law or in equity or under this Contract, including, without limitation, immediate <br /> Page 17 of 19 <br /> Contract Number:CT2018-2829 <br />
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