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<br />embodied in a written contract executed and approved pursuant to STATE fiscal <br />rules. <br /> <br />I. Captions. The captions and headings contained in this contract are for <br />convenience and reference only and shall not be construed so as to define or limit <br />the terms or provisions contracted herein, <br /> <br />J. Addresses for mailing. All notices, correspondence, or other documents required <br />by this contract shall be delivered or mailed to the addresses shown below: <br /> <br />Colorado Water Conservation Board <br />Attn: Construction Fund Section <br />1313 Sherman Street, Room 721 <br />Denver, CO 80203 <br /> <br />Groundwater Appropriators of the South Platte River Basin, Inc, <br />P. O. Box 974 <br />Fort Morgan, CO 80701 <br /> <br />K. SPECIAL PROVISIONS (12/01 version). State Fiscal Rule 3-1 requires the inclusion <br />of these Special Provisions in every STATE contract, including contracts for <br />nonreimbursable expenditures. <br /> <br />1. CONTROLLER'S APPROVAL. CRS 24-30-202 (1) <br /> <br />This contract shall not be deemed valid until it has been approved by the <br />Controller of 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 <br />are contingent upon funds for that purpose being appropriated, budgeted, and <br />otherwise made available, <br /> <br />3. INDEMNIFICATION. <br /> <br />The Contractor shall indemnify, save, and hold harmless the State, its employees <br />and agents, against any and all claims, damages, liability and court awards <br />including costs, expenses, and attomey fees incurred as a result of any act or <br />omission by the Contractor, or its employees, agents, subcontractors, or <br />assignees pursuant to the terms of this contract. <br /> <br />4. INDEPENDENT CONTRACTOR. 4 CCR 801-2 <br /> <br />THE CONTRACTOR SHAll PERFORM ITS DUTIES HEREUNDER AS AN INDEPENDENT <br />CONTRACTOR AND NOT AS AN EMPLOYEE, NEITHER THE CONTRACTOR NOR ANY AGENT <br />OR 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 <br />EMPLOYMENT TAXES AND INCOME TAX AND LOCAL HEAD TAX ON ANY MONIES PAID BY THE <br />STATE PURSUANT TO THIS CONTRACT. CONTRACTOR ACKNOWLEDGES THAT THE <br />CONTRACTOR AND ITS EMPLOYEES ARE NOT ENTITLED TO UNEMPLOYMENT INSURANCE <br />BENEFITS UNLESS THE CONTRACTOR OR THIRD PARTY PROVIDES SUCH COVERAGE AND <br />THAT THE STATE DOES NOT PAY FOR OR OTHERWISE PROVIDE SUCH COVERAGE. <br /> <br />Page 3 of 5 <br /> <br />\ <br />