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<br />> <br /> <br />. <br /> <br />. <br /> <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. <br />Consultant shall submit a Certificate of Insurance listing the Principal 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 policies as they occur shall be forwarded to the address first given above at <br />the signing of this Contract. <br /> <br />ARTICLE 15 <br /> <br />SOFTWARE PRIACY <br /> <br />1. SOFTWARE PRIACY. No state or other public funds payable under this contract shall be <br />used for the acquisition, operation or maintenance of computer software in violation of the <br />United States copyright laws or applicable licensing restrictions. The Contractor hereby certifies <br />that, for the term of this Contract and any extensions, the Contractor has in place appropriate <br />systems and controls to prevent such improper use of public funds, If the State determines that <br />the Contractor is in violation of this paragraph, the State may exercise any remedy available at <br />law or equity or under this Contract, including, without limitation, immediate termination of the <br />Contract and any remedy consistent with the United States copyright laws or applicable licensing <br />restrictions. <br /> <br />ARTICLE 16. SPECIAL PROVISIONS <br /> <br />1. CONTROLLER'S APPROVAL. CRS 24-30-202 (1) <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 />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 />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 />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 otherwise <br />provide such coverage. Contractor shall have no authorization, express or implied, to bind the state to any <br />agreements, liability, 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 requested by the State) <br />and unemployment 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 />The contractor agrees to comply with the letter and the spirit of all applicable state and federal laws <br />respecting discrimination and unfair employment practices. <br /> <br />Lower South Platte Diversion Structure Inventory Project <br /> <br />6 <br />