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28. Compliance with Law. Vendor shall comply with all applicable federal and state laws, rules, and regulations in effect or hereafter established,
<br /> including,without limitation,laws applicable to discrimination and unfair employment practices.
<br /> 29. Choice of Law,Jurisdiction and Venue. [Not Applicable to Inter-governmental POs] Colorado law,and rules and regulations issued pursuant
<br /> thereto,shall be applied in the interpretation,execution,and enforcement of this PO.The UCC shall govern this PO in the case of goods unless otherwise
<br /> agreed in this PO.Any provision included or incorporated herein by reference,which conflicts with said laws, rules,and regulations shall be null and void.
<br /> All suits or actions related to this PO shall be filed and proceedings held in the State of Colorado and exclusive venue shall be in the City and County of
<br /> Denver.Any provision incorporated herein by reference which purports to negate this or any other provision in this PO in whole or in part shall not be valid
<br /> or enforceable or available in any action at law,whether by way of complaint,defense,or otherwise.Vendor shall exhaust administrative remedies in CRS
<br /> §24-109-106, prior to commencing any judicial action against the State.
<br /> 30. Prohibited Terms. Nothing in this PO shall be construed as a waiver of any provision of CRS §24-106-109. Any term included in this PO that
<br /> requires the State to indemnify or hold Vendor harmless; requires the State to agree to binding arbitration; limits Vendor's liability for damages resulting
<br /> from death, bodily injury,or damage to tangible property;or that conflicts with that statute in any way shall be void ab initio.
<br /> 31. Vendor Offset and Erroneous Payments.[Not Applicable to Inter-governmental POs or to POs issued solely for goods] The State Controller
<br /> may withhold payment under the State's Vendor offset intercept system for debts owed to State agencies for:(a)unpaid child support debts or child support
<br /> arrearages; (b)unpaid balances of tax,accrued interest,or other charges specified in CRS§39-21-101,et seq.; (c)unpaid loans due to the Student Loan
<br /> Division of the Department of Higher Education; (d)amounts required to be paid to the Unemployment Compensation Fund; and (e)other unpaid debts
<br /> owing to the State as a result of final agency determination or judicial action. The State may also recover, at the State's discretion, payments made to
<br /> Vendor in error for any reason, including, but not limited to, overpayments or improper payments, and unexpended or excess funds received by Vendor
<br /> by deduction from subsequent payments under this PO, deduction from any payment due under any other contracts, grants or agreements between the
<br /> State and Vendor,or by any other appropriate method for collecting debts owed to the State.
<br /> 32. Public Contracts for Services. [Not Applicable to offer, issuance, or sale of securities, investment advisory services, fund management
<br /> services,sponsored projects,intergovernmental POs,or information technology services or products and services] Vendor certifies,warrants,
<br /> and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this PO and will confirm the employment eligibility
<br /> of all employees who are newly hired for employment in the United States to perform work under this PO,through participation in the E-Verify Program or
<br /> the Colorado Department of Labor and Employment("CDLE")program established pursuant to CRS§8-17.5-102(5)(c).Vendor shall not knowingly employ
<br /> or contract with an illegal alien to perform work under this PO or enter into a contract or PO with a subcontractor that fails to certify to Vendor that the
<br /> subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this PO. Vendor shall (a) not use E-Verify Program or
<br /> CDLE program procedures to undertake pre-employment screening of job applicants during performance of this PO, (b)notify subcontractor and the State
<br /> within three days if Vendor has actual knowledge that subcontractor is employing or contracting with an illegal alien for work under this PO, (c)terminate
<br /> the subcontract if subcontractor does not stop employing or contracting with the illegal alien within three days of receiving notice, and (d) comply with
<br /> reasonable requests made in the course of an investigation, undertaken pursuant to CRS§8-17.5-102(5), by CDLE. If Vendor participates in the CDLE
<br /> program, Vendor shall deliver to the State a written, notarized affirmation that Vendor has examined the legal work status of such employee, and shall
<br /> comply with all of the other requirements of the CDLE program. If Vendor fails to comply with any requirement of this provision or CRS §8-17.5-101 et
<br /> seq.,the State may terminate this PO for breach and, if so terminated,Vendor shall be liable for damages.
<br /> 33. Public Contracts with Natural Persons. Vendor, if a natural person 18 years of age or older, hereby swears and affirms under penalty of perjury
<br /> that such person(a)is a citizen or otherwise lawfully present in the United States pursuant to federal law,(b)shall comply with the provisions of CRS§24-
<br /> 76.5-101 et seq.,and(c)has produced a form of identification required by CRS§24-76.5-103 prior to the date Vendor delivers goods or begins performing
<br /> services under the terms of this PO.
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<br /> Effective 7/1/2019
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