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<br />,. <br /> <br />. <br /> <br />. <br /> <br />ARTICLE 15. SPECIAL PROVISIONS <br />1. CONTROLLER'S APPROVAL. CRS 24-30-202 (1) <br /> <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 AVAILABILITY. CRS 24-30-202 (5.5) <br /> <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 /> <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 /> <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 />unless the contractor or third party provides such coverage and that the state does not pay for or <br />otherwise provide such coverage. Contractor shall have no authorization, express or implied, to bind the <br />state to any agreements, liability, or understanding except as expressly set forth herein. Contractor shall <br />provide and keep in force Workers' Compensation (and provide proof of such insurance when requested <br />by the State) and unemployment compensation insurance in the amounts required by law, and shall be <br />solely responsible for the acts of the contractor, its employees and agents, <br /> <br />5. NON-DISCRIMINATION. Governors Executive Order August 1987 <br /> <br />The contractor agrees to comply with the letter and the spirit of all applicable state and federa11aws <br />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 applied in <br />the interpretation, execution, and enforcement of this contract. Any provision of this contract, whether or <br />not incorporated herein by reference, which provides for arbitration by any extra-judicial body or person <br />or which is otherwise in conflict with said laws, rules, and regulations shall be considered null and void, <br />Nothing contained in any provision incorporated herein by reference which purports to negate this or any <br />other special provision in whole or in part shall be valid or enforceable or available in any action at law <br />whether by 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 the contract <br />is capable of execution. <br /> <br />At all times during the performance of this contract, the Contractor shall strictly adhere to all applicable <br />federal and State laws, rules, and regulations that have been or may hereafter be established, <br /> <br />Page .7 <br />