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• • <br /> State of Colorado or such assistant as he may designate. <br /> 2. FUND AVAILABILITY. CRS 24-30-202 (5.5) <br /> Financial obligations of the State of Colorado payable after the current fiscal year are <br /> contingent upon funds for that purpose being appropriated, budgeted, and otherwise made <br /> available. <br /> 3. INDEMNIFICATION. <br /> Indemnity: To the extent authorized by law, the contractor shall indemnify, save, and <br /> hold harmless the State against any and all claims, damages, liability and court awards <br /> including costs, expenses, and attorney fees incurred as a result of any act or omission <br /> by the Contractor, or its employees, agents, subcontractors, or assignees pursuant to the <br /> terms of this contract. <br /> No term or condition of this contract shall be construed or interpreted as a waiver, <br /> express or implied, of any of the immunities, rights, benefits, protection, or other <br /> provisions for the parties, of the Colorado Governmental Immunity Act, CRS 24-10-101 <br /> et seq. or the Federal Tort Claims Act, 28 U.S.C. 2671 et seq. as applicable, as now or <br /> hereafter amended. <br /> 4. INDEPENDENT CONTRACTOR. 4 CCR 801-2 <br /> THE CONTRACTOR SHALL PERFORM ITS DUTIES HEREUNDER AS AN INDEPENDENT CONTRACTOR <br /> AND NOT AS AN EMPLOYEE. NEITHER THE CONTRACTOR NOR ANY AGENT OR EMPLOYEE OF THE <br /> CONTRACTOR SHALL BE OR SHALL BE DEEMED TO BE AN AGENT OR EMPLOYEE OF THE STATE. <br /> CONTRACTOR SHALL PAY WHEN DUE ALL REQUIRED EMPLOYMENT TAXES AND INCOME TAX AND <br /> LOCAL HEAD TAX ON ANY MONIES PAID BY THE STATE PURSUANT TO THIS CONTRACT. <br /> CONTRACTOR ACKNOWLEDGES THAT THE CONTRACTOR AND ITS EMPLOYEES ARE NOT ENTITLED <br /> TO UNEMPLOYMENT INSURANCE BENEFITS UNLESS THE CONTRACTOR OR THIRD PARTY PROVIDES <br /> SUCH COVERAGE AND THAT THE STATE DOES NOT PAY FOR OR OTHERWISE PROVIDE SUCH <br /> COVERAGE. CONTRACTOR SHALL HAVE NO AUTHORIZATION, EXPRESS OR IMPLIED T BIND THE <br /> STATE TO ANY AGREEMENTS, LIABILITY, OR UNDERSTANDING EXCEPT AS E '_R FORTH <br /> HEREIN. CONTRACTOR SHALL PROVIDE AND KEEP IN FORCE WORK _ ON (AND <br /> PROVIDE PROOF OF SUCH INSURANCE WHEN REQUESTED BY THE ST 5 � INEMPL Y T <br /> COMPENSATION INSURANCE IN THE AMOUNTS REQUIRED BYLAW, D SHA , OL <br /> RESPONSIBLE FOR THE ACTS OF THE CONTRACTOR, ITS EMPLOYEES AND <br /> 5. NON-DISCRIMINATION. <br /> The BORROWER agrees to comply with the letter and the spirit I pplicable state and <br /> federal laws respecting discrimination and unfair employment practices. <br /> 6. CHOICE OF LAW. <br /> 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 <br /> of this contract, whether or not incorporated herein by reference, which provides for <br /> arbitration by any extra-judicial body or person or which is otherwise in conflict with said <br /> laws, rules, and regulations shall be considered null and void. Nothing contained in any <br /> provision incorporated herein by reference which purports to negate this or any other <br /> special provision in whole or in part shall be valid or enforceable or available in any action <br /> at law whether by way of complaint, defense, or otherwise. Any provision rendered null <br /> and void by the operation of this provision will not invalidate the remainder of this contract <br /> Page 8 of 9 <br />