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<br />arising out of or resulting from the performance 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 tangibie 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.
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<br />Consultant shall submit a Certificate of Insurance listing the Principai 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 poiicies as they occur shall be forwarded to the address first given above at
<br />the signing of this Contract.
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<br />ARTICLE 15. SPECIAL PROVISIONS
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<br />CONTROLLER'S APPROVAL
<br />,. This contract shall not be deemed valid until it shall have been approved by the Controller of the State
<br />of Colorado or such assistant as he may designate. This provision is applicable to any contract involving
<br />the payment of money by the State.
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<br />FUND AVAILABILITY
<br />2. 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.
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<br />BOND REQUIREMENT
<br />3. If this contract involves the payment of more than fifty thousand dollars for the construction, erection,
<br />repair, maintenance, or improvement of any building, road, bridge, viaduct, tunnel, excavation or other
<br />public work for this State, the Contractor shall, before entering upon the performance of any such work
<br />included in this contract, duly execute and deliver to the State official who will sign the contract, a good
<br />and sufficient bond or other acceptable surety to be approved by said official in a penal sum not less than
<br />one-half of the total amount payable by the terms of this contract. Such bond shall be duly executed by a
<br />qualified corporate surety conditioned upon the faithful performance of the contract and in addition, shall
<br />provide that if the Contractor or his subContractors fail to duly pay for any labor, materials, team hire,
<br />sustenance, provisions, provendor or other supplies used or consumed by such Contractor or his
<br />subContractor in performance of the work contracted to be done or fails to pay any person who supplies
<br />rental machinery, tools, or equipment in the prosecution of the work the surety will pay the same in an
<br />amount not exceeding the sum specified in the bond, together with interest at the rate of eight per cent per
<br />annum. Unless such bond Is executed, delivered and filed, no claim in favor of the Contractor arising
<br />under such contract shall be audited, allowed or paid. A certified or cashier's check or a bank money
<br />order payable to the Treasurer of the State of Colorado may be accepted in lieu of a bond. This provision
<br />is in compliance with CRS 38-26-106.
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<br />INDEMNIFICATION
<br />4. To the extent authorized by law, the Contractor shall indemnify, save, and hold harmless the State, its
<br />employees and 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 Contractor, or its
<br />employees, agents, subContractors, or assignees pursuant to the terms of this contract
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