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23. Fund Availability. Financial obligations of buyer payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and <br />otherwise made available. If this PO is funded in wnole or in part with federal funds, this PO is subject to and contingent upon the continuing availability of federal funds for the <br />purposes hereof. Buyer represents that it has set aside sufficient funds to make payment for goods delivered in a single installment, in accordance with the terms of this P0, <br />24. Choice of Law. State laws, rules and regulations shall be applied in the interpretation, execution, and enforcement of this P0. The CUCC shall govern this PO in the case <br />of goods unless otherwise agreed in this PC. Any provision included or incorporated herein by reference which conflicts with such laws, rules, and regulations is null and void. <br />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 or enforceable or available <br />in any action at law, whether by way of complaint, defense, or otherwise. Unless otherwise specified in the solicitation or this PC, venue for any judicial or administrative action <br />arising out of or in connection with this PO shall be in Denver, Colorado. Vendor shall exhaust administrative remedies in CRS §24- 109.106, prior to commencing any judicial <br />action against buyer, <br />25. Public Contracts for Services. [Not Applicable to offer, issuance, or sale of securities, investment advisory services, fund management services, sponsored <br />projects, intergovernmental POs, or Information technology services orproducts and services) Vendor certifies, warrants, and agrees that it does not knowingly employ <br />or contract with an illegal alien who will perform work under this PO and will confirm the employment eligibility of all employees who are newly hired for employment in the <br />United States to perform work under this P0, through participation in the E -Verify Program or the Department program established pursuant to CRS §8-17.5- 102(5)(c), Vendor <br />shall not knowingly employ 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 <br />the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this P0. Vendor shall (a) not use E -Verify Program or Department program <br />procedures to undertake pre - employment screening of job applicants during performance of this PO, (b) notify subcontractor and buyer within three days if vendor has actual <br />knowledge that subcontractor is employing or contracting with an illegal alien for work under this PC, (c) terminate the subcontract if subcontractor does not stop employing or <br />contracting with the illegal alien within three days of receiving notice, and (d) comply with reasonable requests made in the course of an investigation, undertaken pursuant to <br />CRS §8- 17.5 - 102(5), by the Colorado Department of Labor and Employment. If vendor participates in the Department program, vendor shall deliver to the buyer a <br />written, notarized affirmation that vendor has examined the legal work status of such employee, and shall comply with all of the other requirements of the Department program. <br />If vendor fails to comply with any requirement of this provision or CRS §8. 17.5 -101 et seq., buyer may terminate this PO for breach and, if so terminated, vendor shall be liable <br />for damages. <br />26. Public Contracts with Natural Persons. Vendor, if a natural person eighteen (18) years of age or older, hereby swears and affirms under penalty of perjury that he or she <br />(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- 76.5 -101 et seq., and (c) has <br />produced a form of identification required by CRS §24- 76.5 -103 prior to the date vendor delivers goods or begins performing services under terns of the P0. <br />Effective January 1, 2009 <br />19 <br />