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<br />. <br /> <br />. <br /> <br />upon 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, <br />against any and all claims, damages, liability and court awards including costs, expenses, and <br />attorney fees incurred as a resurt of any negligent act or omission by the Contractor, or its <br />employees, agents, subcontractors, or assignees pursuant to the terms ofthis 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 <br />NOT AS AN EMPLOYEE. NEITHER THE CONTRACTOR NOR ANY AGENT OR EMPLOYEE OF THE <br />CONTRACTOR SHALL BE OR SHALL BE DEEMED TO BE AN AGENT OR EMPLOYEE OF THE STATE. <br />CONTRACTOR SHALL PAY WHEN DUE ALL REQUIRED EMPLOYMENT TAXES AND INCOME TAX AND LOCAL <br />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 <br />INSURANCE BENEFITS UNLESS THE CONTRACTOR OR THIRD PARTY PROVIDES SUCH COVERAGE AND <br />THAT THE STATE DOES NOT PAY FOR OR OTHERWISE PROVIDE SUCH COVERAGE. CONTRACTOR SHALL <br />HAVE NO AUTHORIZATION, EXPRESS OR IMPLIED, TO BIND THE STATE TO ANY AGREEMENTS, LIABILITY, <br />OR UNDERSTANDING EXCEPT AS EXPRESSLY SET FORTH HEREIN. CONTRACTOR SHALL PROVIDE AND <br />KEEP IN FORCE WORKERS' COMPENSATION (AND PROVIDE PROOF OF SUCH INSURANCE WHEN <br />REQUESTED BY THE STATE) AND UNEMPLOYMENT COMPENSATION INSURANCE IN THE AMOUNTS <br />REQUIRED BY LAW, AND SHALL BE SOLELY RESPONSIBLE FOR THE ACTS OF THE CONTRACTOR, ITS <br />EMPLOYEES AND AGENTS. <br /> <br />5. NON-DISCRIMINATION. Governors Executive Order August 1987 <br /> <br />The contractor a~rees 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 contract. Any provision of this <br />contract, 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 regulations <br />shall be considered null and void. Nothing contained in any provision incorporated herein by <br />reference which purports to negate this or any other special provision in whole or in part shall be <br />valid or enforceable or available in any action at law whether by way of complaint, defense, or <br />otherwise. Any provision rendered null and void by the operation of this provision will not <br />invalidate the remainder of this contract to the extent that the contract is capable of execution. <br /> <br />At all times during the performance of this contract, the Contractor shall strictly adhere to all <br />applicable federal and State laws, ruies, and regulations that have been or may hereafter be <br />established. <br /> <br />7. VENDOR OFFSET. CRS 24-30-202 (1) &CRS 24-30-202.4 <br /> <br />Pursuant to CRS 24-30-202.4 (as amended). the State Controller may withhold debts owed to <br />State agencies under the vendor offset intercept system for: (a) unpaid child support debt or child <br />support arrearages; (b) unpaid balance of tax, accrued interest, or other charges specified in <br />Article 21, Title 39, CRS; (c) unpaid loans due to the Student Loan Division of the Department of <br />Higher Education; (d) owed amounts required to be paid to the Unemployment Compensation <br />Fund; and (e) other unpaid debts owing to the State or any agency thereof, the amount of which is <br />found to be owing as a resuit of final agency determination or reduced to judgment as certified by <br />the controller. <br /> <br />8. EMPLOYEE FINANCAL INTEREST. CRS 24-18-201 & CRS 24-50-507 <br /> <br />The signatories aver that to their knowledge, no employee of the State of Colorado has any <br />personal or beneficial interest whatsoever in the service or property described herein. <br /> <br />Page 5 <br />