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<br />. , <br /> <br />. <br /> <br />. <br /> <br />.. <br /> <br />omission by the Contractor, or its employees, agents, subcontractors, or assignees <br />pursuant to the terms of this contract. <br /> <br />No term or condition of this contract shall be construed or interpreted as a waiver, <br />express or implied, of any of the immunities, rights, benefits, protection, or other <br />provisions for the parties, of the Colorado Governmental Immunity Act, CRS 24-10- <br />101 et seq. or the Federal Tort Claims Act, 28 U.S.C. 2671 et seq. as applicable, as <br />now or hereafter amended. <br /> <br />4. INDEPENDENT CONTRACTOR. 4 CCR 801-2 <br />THE CONTRACTOR SHALL PERFORM ITS DUTIES HEREUNDER AS AN INDEPENDENT <br />CONTRACTOR AND NOT AS AN EMPLOYEE. NEITHER THE CONTRACTOR NOR ANY AGENT OR <br />EMPLOYEE OF THE CONTRACTOR SHALL BE OR SHALL BE DEEMED TO BE AN AGENT OR <br />EMPLOYEE OF THE STATE. CONTRACTOR SHALL PAY WHEN DUE ALL REQUIRED EMPLOYMENT <br />TAXES AND INCOME TAX AND LOCAL HEAD TAX ON ANY MONIES PAID BY THE STATE PURSUANT <br />TO THIS CONTRACT. CONTRACTOR ACKNOWLEDGES THAT THE CONTRACTOR AND ITS <br />EMPLOYEES ARE NOT ENTITLED TO UNEMPLOYMENT INSURANCE BENEFITS UNLESS THE <br />CONTRACTOR OR THIRD PARTY PROVIDES SUCH COVERAGE AND THAT THE STATE DOES NOT <br />PAY FOR OR OTHERWISE PROVIDE SUCH COVERAGE. CONTRACTOR SHALL HAVE NO <br />AUTHORIZATION, EXPRESS OR IMPLIED, TO BIND THE STATE TO ANY AGREEMENTS, LIABILITY, <br />OR UNDERSTANDING EXCEPT AS EXPRESSLY SET FORTH HEREIN. CONTRACTOR SHALL <br />PROVIDE AND KEEP IN FORCE WORKERS' COMPENSATION (AND PROVIDE PROOF OF SUCH <br />INSURANCE WHEN REQUESTED BY THE STATE) AND UNEMPLOYMENT COMPENSATION <br />INSURANCE IN THE AMOUNTS REQUIRED BY LAW, AND SHALL BE SOLELY RESPONSIBLE FOR <br />THE ACTS OF THE CONTRACTOR, ITS EMPLOYEES AND AGENTS. <br /> <br />5. NON-DISCRIMINATION. <br />The contractor agrees to comply with the letter and the spirit of all applicable state <br />and federal laws respecting discrimination and unfair employment practices. <br /> <br />6. CHOICE OF LAW. <br />The laws of the State of Colorado and rules and regulations issued pursuant thereto <br />shall be applied in the interpretation, execution, and enforcement of this contract. <br />Any provision of this contract, whether or not incorporated herein by reference, which <br />provides for arbitration by any extra-judicial body or person or which is otherwise in <br />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 <br />to negate this or any other special provision in whole or in part shall be valid or <br />enforceable or available in any action at law whether by way of complaint, defense, <br />or otherwise. Any provision rendered null and void by the operation of this provision <br />will not invalidate the remainder of this contract to the extent that the contract is <br />capable of execution. <br /> <br />At all times during the performance of this contract, the Contractor shall strictly <br />adhere to all applicable federal and state laws, rules, and regulations that have been <br />or may hereafter be established. <br /> <br />7. EMPLOYEE FINANCIAL INTEREST. CRS 24-18-201 & CRS 24-50-507 <br />The signatories aver that to their knowledge, no employee of the State of Colorado <br />has any personal or beneficial interest whatsoever in the service or property <br />described herein. <br /> <br />Revised: 12/1/01 <br /> <br />Page 4 of 5 <br />