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L. Taxes
<br />The State is exempt from all federal excise taxes under IRC Chapter 32 (No. 84-730123K) and from all State
<br />and local government sales and use taxes under CRS §§39-26-101 and 201 et seq. Such exemptions apply when
<br />materials are purchased or services rendered to benefit the State; provided however, that certain political
<br />subdivisions (e.g., City of Denver) may require payment of sales or use taxes even though the product or service
<br />is provided to the State. Grantee shall be solely liable for paying such taxes as the State is prohibited from
<br />paying for or reimbursing Grantee for them.
<br />M. Third Party Beneficiaries
<br />Enforcement of this Grant and all rights and obligations hereunder are reserved solely to the Parties, and not to
<br />any third party. Any services or benefits which third parties receive as a result of this Grant are incidental to
<br />the Grant, and do not create any rights for such third parties.
<br />N. Waiver
<br />Waiver of any breach of a term, provision, or requirement of this Grant, or any right or remedy hereunder,
<br />whether explicitly or by lack of enforcement, shall not be construed or deemed as a waiver of any subsequent
<br />breach of such term, provision or requirement, or of any other term, provision, or requirement.
<br />O. CORA Disclosure
<br />To the extent not prohibited by federal law, this Grant and the performance measures and standards under
<br />CRS §24-103.5-101, if any, are subject to public release through the Colorado Open Records Act, CRS §24-
<br />72-101, et seq.
<br />21. COLORADO SPECIAL PROVISIONS
<br />These Special Provisions apply to all Grants except where noted in italics.
<br />A. CONTROLLER'S APPROVAL. CRS §24-30-202 (1).
<br />This Grant shall not be deemed valid until it has been approved by the Colorado State Controller or designee.
<br />B. FUND AVAILABILITY. CRS §24-30-202(5.5).
<br />Financial obligations of the State payable after the current fiscal year are contingent upon funds for that purpose
<br />being appropriated, budgeted, and otherwise made available.
<br />C. GOVERNMENTAL IMMUNITY.
<br />No term or condition of this Grant shall be construed or interpreted as a waiver, express or implied, of any of
<br />the immunities, rights, benefits, protections, or other provisions, of the Colorado Governmental Immunity Act,
<br />CRS §24-10-101 et seq., or the Federal Tort Claims Act, 28 U.S.C. §§1346(b) and 2671 et seq., as applicable
<br />now or hereafter amended.
<br />D. INDEPENDENT CONTRACTOR.
<br />Grantee shall perform its duties hereunder as an independent contractor and not as an employee. Neither
<br />Grantee nor any agent or employee of Grantee shall be deemed to be an agent or employee of the State. Grantee
<br />and its employees and agents are not entitled to unemployment insurance or workers compensation benefits
<br />through the State and the State shall not pay for or otherwise provide such coverage for Grantee or any of its
<br />agents or employees. Unemployment insurance benefits will be available to Grantee and its employees and
<br />agents only if such coverage is made available by Grantee or a third party. Grantee shall pay when due all
<br />applicable employment taxes and income taxes and local head taxes incurred pursuant to this Grant. Grantee
<br />shall not have authorization, express or implied, to bind the State to any agreement, liability or understanding,
<br />except as expressly set forth herein. Grantee shall (a) provide and keep in force workers' compensation and
<br />unemployment compensation insurance in the amounts required by law, (b) provide proof thereof when
<br />requested by the State, and (c) be solely responsible for its acts and those of its employees and agents.
<br />E. COMPLIANCE WITH LAW.
<br />Grantee shall strictly comply with all applicable federal and State laws, rules, and regulations in effect or
<br />hereafter established, including, without limitation, laws applicable to discrimination and unfair employment
<br />practices.
<br />F. CHOICE OF LAW.
<br />Colorado law, and rules and regulations issued pursuant thereto, shall be applied in the interpretation,
<br />execution, and enforcement of this grant. Any provision included or incorporated herein by reference which
<br />conflicts with said laws, rules, and regulations shall be null and void. Any provision incorporated herein by
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