|
Q. Licenses, Permits, and Other Authorizations.
<br /> Borrower shall secure, prior to the Effective Date, and maintain at all times during the term
<br /> of this Contract, at its sole expense, all licenses, certifications, permits, and other
<br /> authorizations required to perform its obligations under this Contract, and shall ensure that
<br /> all employees, agents and Subcontractors secure and maintain at all times during the term of
<br /> their employment, agency or subcontract, all license, certifications, permits and other
<br /> authorizations required to perform their obligations in relation to this Contract.
<br /> R. Indemnification
<br /> i. General Indemnification
<br /> Borrower shall indemnify, save, and hold harmless the State, its employees,agents and
<br /> assignees (the "Indemnified Parties"), against any and all costs, expenses, claims,
<br /> damages, liabilities, court awards and other amounts (including attorneys' fees and
<br /> 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 in violation of§15.,
<br /> may be cause for legal action by third parties against Borrower, the State, or their
<br /> respective agents. Borrower shall indemnify, save, and hold harmless the Indemnified
<br /> Parties, against any and all claims, damages, liabilities, losses, costs, expenses
<br /> (including attorneys' fees and costs) incurred by the State in relation to any act or
<br /> omission by Borrower, or its employees,agents,assigns,or Subcontractors in violation
<br /> of§15.
<br /> iii. Intellectual Property Indemnification
<br /> Borrower shall indemnify, save,and hold harmless the Indemnified Parties,against any
<br /> 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 /> 24. COLORADO SPECIAL PROVISIONS (COLORADO FISCAL RULE 3-1)
<br /> These Special Provisions apply to all contracts except where noted in italics.
<br /> A. STATUTORY 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. If this Contract is for a Major Information Technology Project, as defined in
<br /> §24-37.5-102(2.6), then this Contract shall not be valid until it has been approved by the
<br /> State's Chief Information Officer 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 /> Liability for claims for injuries to persons or property arising from the negligence of the State,
<br /> its departments, boards, commissions committees, bureaus, offices, employees and officials
<br /> Contract Number:CT2019-3687 Page 16 of 19 Version 0119
<br />
|