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<br />. <br /> <br />. <br /> <br />/,.. <br />i <br />'\. <br /> <br />I. STATE PURCHASED HARDWARE/SOFTWARE <br /> <br />Any computer hardware or software purchased by the State, or by Engineer with <br />Contract funds, for use by Engineer for CRDSS development, shall remain the property of the <br />State and be returned to the State on completion or termination of this contract, unless <br />Engineer's term of use of that computer hardware and software is explicitly extended through a <br />subsequent contract with the State. <br /> <br />J. ASSIGNABILITY <br /> <br />This Contract is not assignable by either party without the prior written approval of both <br />parties. <br /> <br />K. SEPARATION FROM CONTRACTING PROCESS <br /> <br />Engineer warrants that it has not employed or retained any company or person, other <br />than a bona fide employee working solely for it, to solicit or secure this contract and that it has <br />not paid or agreed to pay any person, company, corporation, individual or, firm, other than a <br />bona. fide employee working solely for it, any fee, commission, percentage, gift or other <br />consideration contingent upon or resulting from the award or the making of this contract. <br /> <br />L. INDEPENDENT CONTRACTOR <br /> <br />Contractor, subcontractors and subconsultants shall perform their duties hereunder as <br />independent contractors and not as employees. Neither Contractor, suhcontractors or <br />subconsultants, nor any agent or employee of Contractor, subcontractors, or subconsultants <br />shall be or shall be deemed to be an agent or employee of the State. Contractor, <br />subcontractors, and subconsultants shall pay when due all required employee taxes and income <br />tax withholding, shall provide and keep in force worker's compensation (and show proof of <br />such insurance) and unemployment compensation insurance in the amounts required by law, <br />and shall be solely responsible for the acts of Contractor, subcontractors, and subconsultants, <br />their employees and agents. <br /> <br />M INDEMNlFICA nON <br /> <br />To the extent authorized by law, Engineer shall indemnify, save and hold harmless the <br />State, its employees and agents, against any and aU claims, damages, liability and court awards <br />including costs, expenses, and attorney fees, to the extent such claims are caused by any <br /> <br />Page 1 of 11 <br />01/26/01 <br />