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clause includes services performed or tangible material produced or delivered in the performance of services. If any
<br /> of the services do not conform with purchase order requirements,the State may require the vendor to perform the
<br /> services again in conformity with purchase order requirements,with no additional payment. When defects in the
<br /> qualit-, or quantity of service cannot be corrected by re-performance,the State may(1)require the vendor to take
<br /> necessary action to ensure that the future performance conforms to purchase order requirements and(2)equitably
<br /> reduce the payment due the vendor to reflect the reduced value of the services performed. These remedies in no way
<br /> limit the remedies available to the State in the termination provisions of this purchase order, or remedies otherwise
<br /> available at law.
<br /> 9. Cash Discount.The cash discount period will start from date of receipt of acceptable invoice. or from date of
<br /> receipt of acceptable products/services at the specified destination by an authorized agency representative,
<br /> whichever is later.
<br /> 10.Taxes. The state agency,as purchaser, is exempt from all federal excise taxes under Chapter 32 of the Internal
<br /> Revenue Code[No. 84-730123K] and from all state and local government use taxes[C.R.S.39-26-114(a)and 203,
<br /> as amended]. Tax exempt numbers for the specific state agency may be found elsewhere in this document.Vendor
<br /> is hereby notified that when materials are purchased for the benefit of the State,such exemptions apply except that
<br /> in certain political subdivisions(for example-City of Denver)the vendor may be required to pay sales or use taxes
<br /> even though the ultimate product or service is provided to the State.These sales or use taxes will not be reimbursed
<br /> by the State.
<br /> 11. Prompt Payment. State law and regulations provide that vendors will be paid within fort-five days after
<br /> receipt of products or services and a correct notice of amount due,unless otherwise agreed to by contract or special
<br /> conditions of the purchase order.A State liability not paid within forty-five days is considered delinquent and,
<br /> unless otherwise agreed to, interest on the unpaid balance shall be paid beginning with the forty-sixth day at the rate
<br /> of one percent per month on the unpaid balance until paid in full.A liability shall not arise if a good faith dispute
<br /> exists as to the agency's obligation to pay all or a portion of the liability. Vendors shall invoice the State separately
<br /> for interest on delinquent amounts due.The billing shall reference the delinquent payment,the number of days
<br /> interest to be paid and the applicable interest rate. [Ref. Sec 24-30-202(24),C.R.S.,as amended.]
<br /> 12.Vendor Offset.Pursuant to CRS 24-30-202.4,as amended,the State Controller may withhold payment for
<br /> debts owed to state agencies under the vendor offset intercept system for: (a)unpaid child support debt or child
<br /> support arrearages;(b)unpaid balance of tax,accrued interest,or other charges specified in Article 21,Title 39,
<br /> CRS;(c)unpaid loans due to the Student Loan Division of the Department of Higher Education;(d)owed amounts
<br /> required to be paid to the unemployment compensation fund:and(e)other unpaid debts owing to the state or any
<br /> agency thereof,the amount of which is found to be owing as a result of final agency determination or reduced to
<br /> judgment as certified by the State Controller.
<br /> 13.Assignment and Successors; Antitrust Claims.The vendor shall not assign rights or delegate duties under this
<br /> purchase order, or subcontract any part of the performance required under the purchase order,without the express,
<br /> written consent of the State,which shall not be unreasonably withheld. This purchase order shall inure to the benefit
<br /> of and be binding upon the parties hereto and their respective successors and assigns. Assignment of accounts
<br /> receivable max be made only with written notice furnished to the purchasing agency or institution.
<br /> 14. Indemnification. In the event anx article sold or delivered under this purchase order is covered by anv patent,
<br /> copyright,trademark, or application therefor,the vendor will indemnify and hold harmless the State of Colorado
<br /> from anv and all loss, liability. cost,expenses and legal fees incurred on account of anv claims, legal actions, or
<br /> judgments arising out of manufacture,sale or use of such article in violation, infrmLement or the like of rights under
<br /> such patent, copyright,trademark or application. if this purchase order is for services,to the extent authorized by
<br /> law,the vendor shall indemnify, save.and hold harmless the State, its employees and agents, against any and all
<br /> claims, damages, liability and court awards including costs, expenses, and attorney fees incurred as a result of any
<br /> act or omission by the vendor, or its employees. agents, subcontractors or assignees arising out of or in connection
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