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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 <br />upon funds for 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 <br />Parties, its departments, boards, commissions committees, bureaus, offices, employees and <br />officials shall be controlled and limited by the provisions of the Colorado Governmental <br />Immunity Act, §24-10-101, et seq., C.R.S.; the Federal Tort Claims Act, 28 U.S.C. Pt. VI, <br />Ch. 171 and 28 U.S.C. 1346(b), and the State's risk management statutes, §§24-30-1501, et <br />seq. C.R.S. No term or condition of this Contract shall be construed or interpreted as a <br />waiver, express or implied, of any of the immunities, rights, benefits, protections, or other <br />provisions, contained in these statutes. __ <br />D. INDEPENDENT CONTRACTOR. <br />Contractor shall perform its duties hereunder as an independent contractor and not as an <br />employee. Neither Contractor nor any agent or employee of Contractor shall be deemed to <br />be an agent or employee of the State. Contractor shall not have authorization, express or <br />implied, to bind the State to any agreement, liability or understanding, except as expressly <br />set forth herein. Contractor and its employees and agents are not entitled to unemployment <br />insurance or workers compensation benefits through the State and the State shall not pay for <br />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 <br />head taxes incurred pursuant to this Contract. Contractor shall (i) provide and keep in force <br />workers' compensation and unemployment compensation insurance in the amounts required <br />by law, (ii) provide proof thereof when requested by the State, and (iii) be solely <br />responsible for its acts and those of its employees and agents. <br />E. COMPLIANCE WITH LAW. <br />Contractor shall comply with all applicable federal and State laws, rules, and regulations in <br />effect or hereafter established, including, without limitation, laws applicable to <br />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 <br />interpretation, execution, and enforcement of this Contract. Any provision included or <br />incorporated herein by reference which conflicts with said laws, rules, and regulations shall <br />be null and void. All suits or actions related to this Contract shall be filed and proceedings <br />held in the State of Colorado and exclusive venue shall be in the City and County of <br />Denver. <br />G. — PROHIBITED TERMS. <br />Any term included in this Contract that requires the State to indemnify or hold Contractor <br />harmless; requires the State to agree to binding arbitration; limits Contractor's liability for <br />damages resulting from death, bodily injury, or damage to tangible property; or that <br />conflicts with this provision in any way shall be void ab initio. Nothing in this Contract <br />shall be construed as a waiver of any provision of §24-106-109 C.R.S. <br />Contract Number: Page 19 of 20 Version <br />12.1.2024 <br />26 <br />