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DocuSign Envelope ID: 601932A9-29F4-4C23-80F1-CEA4FACB795C <br />v.4.10 <br />COLORADO <br />Financia0fHL- es <br />P�pdRiRCriS Of Hl,.. i. ir <br />Division of toy t—" and Procurement <br />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 <br />contingent upon funds for that purpose being appropriated, budgeted, and otherwise made <br />available. <br />C. GOVERNMENTAL IMMUNITY. <br />Liability for claims for injuries to persons or property arising from the negligence of the <br />State, 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, Ch. <br />171 and 28 U.S.C. 1346(b), and the State's risk management statutes, §§24-30-1501, et seq. <br />C.R.S. No term or condition of this Contract shall be construed or interpreted as a waiver, <br />express or implied, of any of the immunities, rights, benefits, protections, or other provisions, <br />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 be an <br />agent or employee of the State. Contractor shall not have authorization, express or implied, to <br />bind the State to any agreement, liability or understanding, except as expressly set forth herein. <br />Contractor and its employees and agents are not entitled to unemployment insurance or workers <br />compensation benefits through the State and the State shall not pay for or otherwise provide such <br />coverage for Contractor or any of its agents or employees. Contractor shall pay when due all <br />applicable employment taxes and income taxes and local head taxes incurred pursuant to this <br />Contract. Contractor shall (i) provide and keep in force workers' compensation and <br />unemployment compensation insurance in the amounts required by law, (ii) provide proof <br />thereof when requested by the State, and (iii) be solely responsible for its acts and those of its <br />employees and agents. <br />E. COMPLIANCE WITH LAW. <br />Contractor shall strictly comply with all applicable federal and State laws, rules, and <br />regulations in 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 be <br />Page 31 of 41 <br />