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Any reference in this Contract to a statute,regulation,State Fiscal Rule,fiscal policy or other <br /> authority shall be interpreted to refer to such authority then current,as may have been changed or <br /> amended since the Effective Date of this Contract. <br /> h. Severability <br /> The invalidity or unenforceability of any provision of this Contract shall not affect the validity or <br /> enforceability of any other provision of this Contract,which shall remain in full force and effect, <br /> provided that the Parties can continue to perform their obligations under this Contract in <br /> accordance with the intent of the Contract. <br /> i. Survival of Certain Contract Terms <br /> Any provision of this Contract that imposes an obligation on a Party after termination or <br /> expiration of the Contract shall survive the termination or expiration of the Contract and shall be <br /> enforceable by the other Party. <br /> j. Third Party Beneficiaries <br /> Except for the Parties'respective successors and assigns described in this§7,this Contract does <br /> not and is not intended to confer any rights or remedies upon any person or entity other than the <br /> Parties.Enforcement of this Contract and all rights and obligations hereunder are reserved solely <br /> to the Parties.Any services or benefits which third parties receive as a result of this Contract are <br /> incidental to the Contract,and do not create any rights for such third parties. <br /> k. Waiver <br /> A Party's failure or delay in exercising any right,power,or privilege under this Contract,whether <br /> explicit or by lack of enforcement,shall not operate as a waiver,nor shall any single or partial <br /> exercise of any right,power,or privilege preclude any other or further exercise of such right, <br /> power,or privilege. <br /> 1. Indemnification <br /> To the extend authorized by law,Contractor shall indemnify,save,and hold harmless the State,its <br /> employees,agents and assignees(the"Indemnified Parties"),against any and all costs,expenses, <br /> claims,damages,liabilities,court awards and other amounts(including attorneys'fees and related <br /> costs)incurred by any of the Indemnified Parties in relation to any act or omission by Contractor, <br /> or its employees,agents,Subcontractors,or assignees in connection with this contract. <br /> 8. 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. <br /> If this Contract is for a Major Information Technology Project,as defined in§24-37.5-102(2.6),then <br /> this Contract shall not be valid until it has been approved by the State's Chief Information Officer or <br /> 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 <br /> for that purpose being appropriated,budgeted,and otherwise made available. <br /> Page 4 of 12 Rev.March 2023 <br />