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related costs) incurred by any of the Indemnified Parties in relation to any act or
<br /> omission by Borrower, or its employees, agents, Subcontractors, or assignees in
<br /> connection with this Contract.
<br /> ii. Confidential Information Indemnification
<br /> Disclosure or use of State Confidential Information by Borrower may be cause for
<br /> legal action by third parties against Borrower, the State, or their respective agents.
<br /> Borrower shall indemnify, save, and hold harmless the Indemnified Parties, against
<br /> any and all claims, damages, liabilities, losses, costs, expenses (including attorneys'
<br /> fees and costs) incurred by the State in relation to any act or omission by Borrower, or
<br /> its employees, agents, assigns,or Subcontractors.
<br /> iii. Intellectual Property Indemnification
<br /> Borrower shall indemnify, save, and hold harmless the Indemnified Parties, against
<br /> any and all costs, expenses, claims, damages, liabilities, and other amounts (including
<br /> attorneys' fees and costs) incurred by the Indemnified Parties in relation to any claim
<br /> that any Work infringes a patent, copyright, trademark, trade secret, or any other
<br /> intellectual property right.
<br /> 28. 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
<br /> Claims 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
<br /> to unemployment insurance or workers compensation benefits through the State and the
<br /> State shall not pay for or otherwise provide such coverage for Borrower or any of its agents
<br /> or 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,
<br /> express or implied, to bind the State to any agreement, liability or understanding, except as
<br /> expressly set forth herein. Borrower shall (i) provide and keep in force workers'
<br /> compensation and unemployment compensation insurance in the amounts required by law,
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<br /> Contract Number:CT2018-2081
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