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books, records, and accounts by the contracting agency and the office of the Governor or his
<br /> designee for purposes of investigation to ascertain compliance with such rules, regulations and
<br /> orders.
<br /> e. A labor organization will not exclude any individual otherwise qualified from full membership
<br /> rights in such labor organization, or expel any such individual from membership in such labor
<br /> organization or discriminate against any of its members in the full enjoyment of work
<br /> opportunity because of race, creed, color, sex, national origin, or ancestry.
<br /> f. A labor organization, or the employees or members thereof will not aid, abet, incite, compel or
<br /> coerce the doing of any act defined in this contract to be discriminatory or obstruct or prevent
<br /> any person from complying with the provisions of this contract or any order issued thereunder;
<br /> or attempt, either directly or indirectly, to commit any act defined in this contract to be
<br /> discriminatory.
<br /> g. In the event of the CONTRACTOR'S non-compliance with the non-discrimination clauses of this
<br /> contract or with any of such rules, regulations, or orders, this contract may be canceled,
<br /> terminated or suspended in whole or in part and the CONTRACTOR may be declared ineligible
<br /> for further STATE contracts in accordance with procedures, authorized in Executive Order,
<br /> Equal Opportunity and Affirmative Action of April 16, 1975 and the rules, regulations, or orders
<br /> promulgated in accordance therewith, and such other sanctions as may be imposed and
<br /> remedies as may be invoked as provided in Executive Order, Equal Opportunity and
<br /> Affirmative Action of April 16, 1975, or by rules, regulations, or orders promulgated in
<br /> accordance therewith, or as otherwise provided by law.
<br /> h. The CONTRACTOR will include the provisions of paragraphs (a) through (h) in every sub-
<br /> contract and subcontractor purchase order unless exempted by rules, regulations, or orders
<br /> issued pursuant to Executive Order, Equal Opportunity and Affirmative Action of April 16,
<br /> 1975, so that such provisions will be binding upon each subcontractor or vendor. The
<br /> CONTRACTOR will take such action with respect to any sub-contracting or purchase order as the
<br /> contracting agency may direct, as a means of enforcing such provisions, including sanctions
<br /> for non-compliance; provided, however, that in the event the CONTRACTOR becomes involved
<br /> in, or is threatened with, litigation, with the subcontractor or vendor as a result of such direction
<br /> by the contracting agency, the CONTRACTOR may request the State of Colorado to enter into
<br /> such litigation to protect the interest of the State of Colorado.
<br /> 6. Colorado Labor Preference.
<br /> a. Provisions of C.R.S. 8-17-101 & 102 for preference of Colorado labor are applicable to this
<br /> contract if public works within the STATE are undertaken hereunder and are financed in whole or
<br /> in part by STATE funds.
<br /> b. When construction contract for a public project is to be awarded to a bidder, a resident bidder
<br /> shall be allowed a preference against a non-resident bidder from a state or foreign country
<br /> equal to the preference given or required by the state or foreign country in which the non-
<br /> resident bidder is a resident. If it is determined by the officer responsible for awarding the bid
<br /> that compliance with this subsection .06 may cause denial of federal funds which would
<br /> otherwise be available or would otherwise be inconsistent with requirements of federal law, this
<br /> subsection shall be suspended, but only to the extent necessary to prevent denial of the
<br /> moneys or to eliminate the inconsistency with federal requirements (C.R.S. 8-19-101 and 102).
<br /> 7. General. The laws of the State of Colorado and rules and regulations issued pursuant thereto
<br /> shall be applied in the interpretation, execution, and enforcement of this contract. Any provision of
<br /> this contract whether or not incorporated herein by reference which provides for arbitration by any
<br /> Smith Irrigation Ditch Page 12 of 13 Loan Contract
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