<br />the doing of any act defined in this contract to be discriminatory or obstruct or prevent any person
<br />from complying with the provisions of this contract or any order issued thereunder; or attempt, either
<br />directly or indirectly, to commit any 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 contract
<br />or with any of such rules, regulations, or orders, this contract may be canceled, terminated or
<br />suspended in whole or in part and the CONTRACTOR may be declared ineiigible for further STATE
<br />contracts in accordance with procedures, authorized in Executive Order, Equai Opportunity and
<br />Affirmative Action of April 16, 1975 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 />regulatio~s, 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 (h) 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
<br />respect 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 or
<br />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 />COLORADO LABOR PREFERENCE
<br />
<br />6. a. Provisions of C,R.S. 8-17-101 & 102 for preference of Colorado labor are applicable to this contract if
<br />public works within the State are undertaken hereunder and are financed in whole or in part by State
<br />funds,
<br />
<br />b. When construction contract for a public project is to be awarded to a bidder, a resident bidder shall be
<br />allowed a preference against a non-resident bidder from a state or foreign country equal to the
<br />preference given or required by the state or foreign country in which the non-resident bidder is a
<br />resident. If it is determined by the officer responsible for awarding the bid that compliance with this
<br />subsection .06 may cause denial of federal 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 102).
<br />
<br />GENERAL
<br />
<br />7. The laws of the State of Colora,Jo and rules and regulations adopted pursuant thereto shall be applied
<br />in the interpretation, execution, and enforcement of this contract. Any provision of this contract whether or
<br />not incorporated herein by reference which provides for arbitration by any extra-judicial body or person or
<br />which is otherwise in conflict with said laws, rules, and regulations shall be considered nuli and void.
<br />Nothing contained in any provision incorporated herein by reference which purports to negate this or any
<br />other special provision in whole or in part shall be valid or enforceable or available in any action at law
<br />whether by way of complaint, defense or otherwise, Any provision rendered null and void by the operation
<br />of this provision will not invalidate the remainder of this contract to the extent that the contract is capable
<br />of execution.
<br />
<br />8. At all times during the performance of this contract, the CONTRACTOR shall strictly adhere to all applicable
<br />federal and state laws, rules, and regulations that have been or may hereafter be established,
<br />
<br />9. Pursuant to CRS 24-30-202.4 (as amended), the state controller may withhold debts owed to state
<br />agencies under the vendor offset intercept system for: (a) unpaid child support debt or child support
<br />arrearages; (b) unpaid balance of tax, accrued interest, or other charges specified in Article 22. Title 39,
<br />CRS; (c) unpaid loans due to the student loan division of the department of higher education; (d) owed
<br />amounts required to be paid to the unemployment compensation fund; and (e) other unpaid debts owing to
<br />
<br />Otero Ditch Company
<br />
<br />Page 12 of 13
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<br />Loan Contract
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