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§24-37.5-102(2.6), then this Contract shall not be valid until it h 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 /> shall be controlled and limited by the provisions of the Colorado Governmental Immunity <br /> Act, §24-10-101,et seq., C.R.S.;the Federal Tort Claims Act, 28 U. .C. Pt. VI, Ch. 171 and <br /> 28 U.S.C. 1346(b), and the State's risk management statutes, §§24- 0-1501, et seq. C.R.S. <br /> No term or condition of this Contract shall be construed or interpret d as a waiver, express <br /> or implied, of any of the immunities, rights, benefits, protection , or other provisions, <br /> contained in these statutes. <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 shall not have authorization,express or implied, <br /> to bind the State to any agreement, liability or understanding, except as expressly set forth <br /> herein. Borrower and its employees and agents are not entitled to unemployment <br /> insurance or workers compensation benefits through the State and the State shall not <br /> pay for or otherwise provide such coverage for Borrower or any of its agents or <br /> employees. Borrower shall pay when due all applicable employment taxes and income <br /> taxes and local head taxes incurred pursuant to this Contract. Borrower shall (i) <br /> provide and keep in force workers' compensation and unemployment compensation <br /> insurance in the amounts required by law,(ii)provide proof they of when requested by <br /> the State,and(iii)be solely responsible for its acts and those of its mployees and agents. <br /> E. COMPLIANCE WITH LAW. <br /> Borrower shall comply with all applicable federal and State laws, les, and regulations in <br /> effect or hereafter established, including, without limitation laws applicable to <br /> discrimination and unfair employment practices. <br /> F. CHOICE OF LAW,JURISDICTION,AND VENUE. <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. All suits or actions related to this Contract shall be filed and proceedings <br /> held in the State of Colorado and exclusive venue shall be in the City and County of Denver. <br /> G. PROHIBITED TERMS. <br /> Any term included in this Contract that requires the State to inde 'fy or hold Borrower <br /> harmless; requires the State to agree to binding arbitration; limits orrower's liability for <br /> damages resulting from death,bodily injury,or damage to tangible p perty; or that conflicts <br /> with this provision in any way shall be void ab initio. Nothing i this Contract shall be <br /> construed as a waiver of any provision of§24-106-109 C.R.S. Any term included in this <br /> Contract Number:CT2019-3463 Page 18 of 20 Version 0119 <br />