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<br />accounts by the contracting agency and the office of the Governor or his designee for purposes of
<br />investigation to ascertain compliance with such rules, regulations and orders.
<br />
<br />e. A labor organization will not exclude any individual otherwise qualified from full membership rights
<br />in such labor organization, or expel any such individual from membership in such labor organization
<br />or discriminate against any of its members in the full enjoyment of work opportunity because of race.
<br />creed, color, sex, national origin, or ancestry.
<br />
<br />f. A labor organization, or the employees or members thereof will not aid, abet, incite, compel or
<br />coerce the doing of any act defined in this contract to be discriminatory or obstruct or prevent any
<br />person from complying with the provisions of this contract or any order issued thereunder; or attempt,
<br />either directlv or indirectly, to commit anv act defined in this contract to be discriminatory.
<br />
<br />g. In the event of the CONTRACTOR'S non-compliance with the non-discrimination clauses of this
<br />contract Of with any of such rules, regulations, or orders, this contract may be canceled, terminated
<br />or suspended in whole or in part and the CONTRACTOR may be declared ineligible for further ST ATE
<br />contracts in accordance with procedures, authorized in Executive Order, Equal Opportunity and
<br />Affirmative Action of April 16, 1 975 and the rules, regulations, or orders promulgated in accordance
<br />- therewith, and such other sanctions as may be imposed and remedies as may be invoked as provided
<br />in Executive Order, Equal Opportunity and Affirmative Action of April 16, 1975, or by rules,
<br />regulations, or orders promulgated in accordance therewith, or as otherwise provided by law.
<br />
<br />h. The CONTRACTOR will include the provisions of paragraphs (a) through (hi in every sub-contract and
<br />subcontractor purchase order unless exempted by rules, regulations, or orders issued pursuant to
<br />Executive Order, Equal Opportunity and Affirmative Action of April 16, 1975, so that such provisions
<br />will be binding upon each subcontractor or vendor. The CONTRACTOR will take such action with respect
<br />to any sub-contracting or purchase order as the contracting agency may direct, as a means of
<br />enforcing such provisions, including sanctions for non-compliance; provided, however, that in the
<br />event the CONTRACTOR becomes involved in, Or is threatened with, litigation, with the subcontractor
<br />or vendor as a result of such direction by the contracting agency, the CONTRACTOR may request the
<br />State of Colorado to enter into such litigation to protect the interest of the State of Colorado.
<br />
<br />6. Colorado labor preference
<br />
<br />a. Provisions of C.R.S. 8-17.101 & 102 fOr preference of Colorado labor are applicable to this
<br />contract if public works within the STATE are undertaken hereunder and are financed in whole or in part
<br />by STATE funds.
<br />
<br />b. When conW~C!io.~CO=~' act f~r:'a .p.u~~c- project is to be awarded to a bidder, a resident bidder
<br />shall be allow~.J3~ .~Ori-resident bidder from a state or foreign country equal to
<br />the preference gi......""~~.e Or foreign country in which the non-resident bidder is a
<br />resident. If if ~ rlptiirmin~'i !!ll! offic'r....sponsible for awarding the bid that compliance with this
<br />subsection.O may cau~ a"Tederal funds which would otherwise be available or would
<br />otherwise be inconsistent with requirements of federal law, this subsection shall be suspended, but
<br />only to the extent necessary to prevent denial of the moneys or to eliminate the inconsistency with
<br />federal requirements (C.R.S. 8.19-101 and 1021.
<br />
<br />7. General. 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 contract
<br />whether or not incorporated herein by reference whiCh provides for arbitration by any extra-judicial body or
<br />person or which is otherwise in conflict with said laws, rules, and regulations shall be considered null and void.
<br />Nothing contained in any provision incorporated herein by reference which purports to negate this or any other
<br />special provision in whole or in part shall be valid or enforceable or available in any action at law whether by
<br />way of complaint, defence or otherwise. Any provision rendered null and void by the operation of this
<br />
<br />Windsor Reservoir and Canal Company
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<br />Page 11 of 12
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<br />Loan Contract
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