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<br />. <br /> <br />. <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 Contract shalj not be deemed valid until it has been approved by the Controller of <br />the State 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 <br />made available. <br /> <br />3. INDEMNIFICATION. <br /> <br />The Contractor shall indemnify, save, and hold harmless the State, its employees and <br />agents, against any and all claims, damages, liability and court awards including costs, <br />expenses, and attorney fees incurred as a result of any act or omission by the <br />Contractor, or its employees, agents, subcontractors, or assignees pursuant to the terms <br />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 <br />AND 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 <br />LOCAL HEAD TAX ON ANY MONIES PAID BY THE STATE PURSUANT TO THIS CONTRACT. <br />CONTRACTOR ACKNOWLEDGES THAT THE IT AND ITS EMPLOYEES ARE NOT ENTITLED TO <br />UNEMPLOYMENT INSURANCE BENEFITS UNLESS THE CONTRACTOR OR THIRD PARTY PROVIDES <br />SUCH COVERAGE AND THAT THE STATE DOES NOT PAY FOR OR OTHERWISE PROVIDE SUCH <br />COVERAGE. CONTACTOR SHALL HAVE NO AUTHORIZATION, EXPRESS OR IMPLIED, TO BIND THE <br />STATE TO ANY AGREEMENTS, LIABILITY, OR UNDERSTANDING EXCEPT AS EXPRESSLY SET FORTH <br />HEREIN. CONTRACTOR 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 Contactor agrees to comply with the letter and the spirit of all applicable state and <br />federal 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 <br />shall be applied in the interpretation, execution, and enforcement of this Contract. Any <br />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. Nothing <br />contained in any provision incorporated herein by reference which purports to negate <br />this or any other special provision in whole or in part shall be valid or enforceable or <br /> <br />Page 5 of 13 <br />