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DRAFT <br />good faith made. Such payments may be made without prior <br />determination of the claim or claims. <br />ARTICLE XI <br />INDEPENDENT CONTRACTOR <br />The Contractor shall be an independent contractor, and, <br />as such, shall have no authorization, expressed or implied, to <br />bind the Owner, CMLRD or the State of Colorado to any agreement, <br />settlement, liability or understanding whatsoever, nor to perform <br />any acts as agent for the Owner, CMLRD or the State of Colorado, <br />except as herein expressly set forth. The compensation provided <br />for herein shall be the total compensation payable hereunder by <br />CLMRD,the State of Colorado or the Owner. <br />ARTICLE XII <br />LIABILITY AND INDEMNIFICATION <br />It is agreed that the Contractor shall at all times <br />protect and indemnify and save harmless the Owner, CMLRD and the <br />State of Colorado (and all institutions, agencies, departments, <br />authorities and instrumentalities of the State of Colorado) or <br />any of their employees or agents as described in the general <br />conditions of the Project specifications which are included <br />herein by reference, from any and all claims, damages of every <br />kind and nature made, rendered or incurred by or in behalf of any <br />person or corporation whatsoever, including the parties hereto <br />and their employees that may arise, occur or grow out of any <br />acts, actions, work or other activity done by the said Contractor <br />in the performance and execution of this Agreement. <br />- 7 - <br /> <br />