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<br />t <br /> <br />e <br /> <br />e <br /> <br />e <br /> <br />Special Provisions <br /> <br />(Contained in every State Contract or Award) <br /> <br />1. CONTROLLER'S APPROVAL. CRS 24-30-202 (1) <br /> <br />This Grant shall not be deemed valid until it has been approved by the Controller of the State <br />of Colorado or such assistant as he may designate. <br /> <br />2. FUND AVAILABILITY. CRS 24-30-202 (5.5) <br /> <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 /> <br />3. INDEMNIFICATION. <br /> <br />The Grantee shall indemnify, save, and hold harmless the State, its employees and agents, <br />against any and all claims, damages, liability and court awards including costs, expenses, <br />and attorney fees incurred as a result of any act or omission by the Grantee, or its <br />employees, agents, subcontractors, or assignees pursuant to the terms of this contract. <br /> <br />4. INDEPENDENT CONTRACTOR. 4 CCR 801-2, Rule P 10-1-11 <br /> <br />THE GRANTEE SHALL PERFORM ITS DUTIES HEREUNDER AS AN INDEPENDENT CONTRACTOR AND NOT <br />AS AN EMPLOYEE. NEITHER THE GRANTEE NOR ANY AGENT OR EMPLOYEE OF THE GRANTEE SHALL <br />BE OR SHALL BE DEEMED TO BE AN AGENT OR EMPLOYEE OF THE STATE, GRANTEE SHALL PAY WHEN <br />DUE ALL REQUIRED EMPLOYMENT TAXES AND INCOME TAX AND LOCAL HEAD TAX ON ANY MONIES PAID <br />BY THE STATE PURSUANT TO THIS GRANT. GRANTEE ACKNOWLEDGES THAT THE IT AND ITS <br />EMPLOYEES ARE NOT ENTITLED TO UNEMPLOYMENT INSURANCE BENEFITS UNLESS THE GRANTEE OR <br />THIRD PARTY PROVIDES SUCH COVERAGE AND THAT THE STATE DOES NOT PAY FOR OR OTHERWISE <br />PROVIDE SUCH COVERAGE. GRANTEE SHALL HAVE NO AUTHORIZATION, EXPRESS OR IMPLIED, TO <br />BIND THE STATE TO ANY AGREEMENTS, LIABILITY, OR UNDERSTANDING EXCEPT AS EXPRESSLY SET <br />FORTH HEREIN. GRANTEE SHALL PROVIDE AND KEEP IN FORCE WORKERS' COMPENSATION (AND <br />PROVIDE PROOF OF SUCH INSURANCE WHEN REQUESTED BY THE STATE) AND UNEMPLOYMENT <br />COMPENSATION INSURANCE IN THE AMOUNTS REQUIRED BY LAW, AND SHALL BE SOLELY <br />RESPONSIBLE FOR THE ACTS OF THE CONTRACTOR, ITS EMPLOYEES AND AGENTS. <br /> <br />5. NON-DISCRIMINATION. Governors Executive Order August 1987 <br /> <br />The Grantee agrees to comply with the letter and the spirit of all applicable state and federal <br />laws respecting discrimination and unfair employment practices. <br /> <br />6. CHOICE OF LAW. <br /> <br />The laws of the State of Colorado and rules and regulations issued pursuant thereto shall be <br />applied in the interpretation, execution, and enforcement of this Grant. Any provision of this <br />Grant, whether or not incorporated herein by reference, which provides for arbitration by any <br />extra-judicial body or person or which is otherwise in conflict with said laws, rules, and <br />regulations shall be considered null and void. Nothing contained in any provision <br />incorporated herein by reference which purports to negate this or any other special provision <br />in whole or in part shall be valid or enforceable or available in any action at law whether by <br />way of complaint, defense, or otherwise. Any provision rendered null and void by the <br />operation of this provision will not invalidate the remainder of this contract to the extent that <br />the Grant is capable of execution. <br /> <br />At all times during the performance of this Grant, the Contractor shall strictly adhere to all <br />applicable federal and State laws, rules, and regulations that have been or may hereafter be <br />