Laserfiche WebLink
DocuSign Envelope ID.07C464C4-FDB6-434A-AOtB-558064E4E858 <br /> PO#:461001815 <br /> Routing#:22-RA3-ZG-00070 <br /> ii. Confidential Information Indemnification <br /> Disclosure or use of State Confidential Information by Contractor in violation of§10 may be cause for <br /> legal action by third parties against Contractor, the State, or their respective agents. Contractor shall <br /> indemnify, save, and hold harmless the Indemnified Parties, against any and all claims, damages, <br /> liabilities, losses, costs, expenses(including attorneys' fees and costs)incurred by the State in relation <br /> to any act or omission by Contractor,or its employees,agents,assigns,or Subcontractors in violation of <br /> §10. <br /> iii. Intellectual Property Indemnification <br /> Contractor shall indemnify, save,and hold harmless the Indemnified Parties, against any and all costs, <br /> expenses,claims, damages, liabilities,and other amounts(including attorneys' fees and costs)incurred <br /> by the Indemnified Parties in relation to any claim that any Work infringes a patent, copyright, <br /> trademark,trade secret,or any other intellectual property right. <br /> 20. COLORADO SPECIAL PROVISIONS(COLORADO FISCAL RULE 3-3) <br /> These Special Provisions apply to all contracts except where noted in italics. <br /> A. STATUTORY APPROVAL.§24-30-202(1),C.R.S. <br /> This Contract shall not be valid until it has been approved by the Colorado State Controller or designee. If <br /> this Contract is for a Major Information Technology Project, as defined in §24-37.5-102(2.6), then this <br /> Contract shall not be valid until it has been approved by the State's Chief Information Officer or designee. <br /> B. FUND AVAILABILITY.§24-30-202(5.5),C.R.S. <br /> Financial obligations of the State payable after the current State Fiscal Year are contingent upon funds for <br /> that purpose being appropriated,budgeted,and otherwise made available. <br /> C. GOVERNMENTAL IMMUNITY. <br /> Liability for claims for injuries to persons or property arising from the negligence of the State, its <br /> departments,boards,commissions committees,bureaus,offices,employees and officials shall be controlled <br /> and limited by the provisions of the GIA; the Federal Tort Claims Act, 28 U.S.C. Pt. VI, Ch. 171 and 28 <br /> U.S.C. 1346(b),and the State's risk management statutes, §§24-30-1501,et seq. C.R.S. <br /> D. INDEPENDENT CONTRACTOR. <br /> Contractor shall perform its duties hereunder as an independent contractor and not as an employee.Neither <br /> Contractor nor any agent or employee of Contractor shall be deemed to be an agent or employee of the State. <br /> Contractor shall not have authorization, express or implied,to bind the State to any agreement, liability or <br /> understanding, except as expressly set forth herein. Contractor and its employees and agents are not <br /> entitled to unemployment insurance or workers compensation benefits through the State and the State <br /> shall not pay for or otherwise provide such coverage for Contractor or any of its agents or employees. <br /> Contractor shall pay when due all applicable employment taxes and income taxes and local head taxes <br /> incurred pursuant to this Contract. Contractor shall (i) provide and keep in force workers' <br /> compensation and unemployment compensation insurance in the amounts required by law,(ii)provide <br /> proof thereof when requested by the State,and(iii) be solely responsible for its acts and those of its <br /> employees and agents. <br /> E. COMPLIANCE WITH LAW. <br /> Contractor shall comply with all applicable federal and State laws,rules,and regulations in effect or hereafter <br /> established,including,without limitation,laws applicable to discrimination and unfair employment practices. <br /> F. CHOICE OF LAW,JURISDICTION,AND VENUE. <br /> Colorado law, and rules and regulations issued pursuant thereto, shall be applied in the interpretation, <br /> execution, and enforcement of this Contract. Any provision included or incorporated herein by reference <br /> which conflicts with said laws,rules,and regulations shall be null and void.All suits or actions related to this <br /> Contract shall be filed and proceedings held in the State of Colorado and exclusive venue shall be in the City <br /> and County of Denver. <br /> Document Builder Generated Page 16 of 59 Version 0819 <br />