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<br />. <br /> <br />. <br /> <br />and provisions of this printed Contract shall supersede, govern and control. <br /> <br />ARTICLE 13. WORK PRIOR TO EXECUTION OF CONTRACT <br /> <br />Work or services performed, or expenses incurred prior to the execution of this Contract (State Controller <br />Approval) without the prior written consent of the Principal Representative shall not be reimbursable and <br />are not eligible expenditures under the terms and conditions of this Contract. This is in accordance with the <br />provisions of 024-30-202(3). C.R.S., as amended. <br /> <br />ARTICLE 14. INSURANCE <br /> <br />It is covenanted and agreed by the Consultant that during the course of the services to be undertaken. the <br />Consultant shall maintain in full force and effect Workmen's Compensation and Employer's Liability <br />Insurance as required by applicable law and in addition, Comprehensive General Liability, and Property <br />Damage Insurance from and against all claims, damages, losses or expenses, including attorney's fees, <br />arising out of or resulting from the perfonnance of the said services, with minimum coverages to be <br />determined by the Principal Representative, and provided that any such claim, damage, loss or expense is <br />attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property. <br />including the loss of use resulting therefrom, and is caused in whole or in part by any negligent act or <br />omission of Consultant, subconsultant or associate thereof, anyone directly or indirectly employed by <br />Consultant, or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in <br />whole or in part by a party indemnified hereunder. <br /> <br />Consultant shall submit a Certificate of Insurance listing the Principal Representative as additional insured <br />and submitting the endorsement of such to the Principal Representative evidencing such insurance policies, <br />and notices of renewals of said policies as they occur shall be forwarded to the address first given above at <br />the signing ofthis Contract. <br /> <br />ARTICLE 15. SPECIAL PROVISIONS <br /> <br />1. CONTROLLER'S APPROVAL. CRS 24-30-202 (1) <br />This contract shall not be deemed valid until it has been approved by the Controller of the State of <br />Colorado or such assistant as he may designate. <br /> <br />2. FUND A V AILABILITY. CRS 24-30-202 (5.5) <br />Financial obligations of the State of Colorado payable after the current fiscal year are contingent upon <br />funds for that purpose being appropriated, budgeted, and otherwise made available. <br /> <br />3. INDEMNIFICATION. <br />The Contractor shall indemnify, save, and hold harmless the State, its employees and agents, against any <br />and all claims, damages, liability and court awards including costs, expenses, and attorney fees incurred <br />as a result of any act or omission by the Contractor, or its employees, agents, subcontractors, or assignees <br />pursuant to the terms of this contract. <br /> <br />4. INDEPENDENT CONTRACTOR. 4 CCR 801-2, Rule P 10-1-11 <br />The contractor shall perform its duties hereunder as an independent contractor and not as an employee. <br />Neither the contractor nor any agent or employee of the contractor shall be or shall be deemed to be an <br />agent or employee of the state. Contractor shall pay when due all required employment taxes and income <br />tax and local head tax on any monies paid by the State pursuant to this contract. Contractor <br />acknowledges that the contractor and its employees are not entitled to unemployment insurance benefits <br /> <br />Page 6 of 8 Pages <br />