Common use of BINDING ARBITRATION PROHIBITED Clause in Contracts

BINDING ARBITRATION PROHIBITED. The State of Colorado does not agree to binding arbitration by any extra-judicial body or person. Any provision to the contrary in this Agreement or incorporated herein by reference shall be null and void. State or other public funds payable under this Agreement shall not be used for the acquisition, operation, or maintenance of computer software in violation of federal copyright laws or applicable licensing restrictions. Grantee hereby certifies and warrants that, during the term of this Agreement and any extensions, Grantee has and shall maintain in place appropriate systems and controls to prevent such improper use of public funds. If the State determines that Grantee is in violation of this provision, the State may exercise any remedy available at law or in equity or under this Agreement, including, without limitation, immediate termination of this Agreement and any remedy consistent with federal copyright laws or applicable licensing restrictions. The signatories aver that to their knowledge, no employee of the State has any personal or beneficial interest whatsoever in the service or property described in this Agreement. Grantee has no interest and shall not acquire any interest, direct or indirect, that would conflict in any manner or degree with the performance of Xxxxxxx’s services and Grantee shall not employ any person having such known interests. [Not applicable to intergovernmental agreements] Subject to §24-30-202.4(3.5), C.R.S., the State Controller may withhold payment under the State’s vendor offset intercept system for debts owed to State agencies for: (i) unpaid child support debts or child support arrearages; (ii) unpaid balances of tax, accrued interest, or other charges specified in §§00-00-000, et seq., C.R.S.; (iii) unpaid loans due to the Student Loan Division of the Department of Higher Education; (iv) amounts required to be paid to the Unemployment Compensation Fund; and (v) other unpaid debts owing to the State as a result of final agency determination or judicial action. [Not applicable to agreements relating to the offer, issuance, or sale of securities, investment advisory services or fund management services, sponsored projects, intergovernmental agreements, or information technology services or products and services] Grantee certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this Agreement and will confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this Agreement, through participation in the E-Verify Program established under Pub. L. 104-208 or the State verification program established pursuant to §8-17.5-102(5)(c), C.R.S., Grantee shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or enter into a contract with a Subcontractor that fails to certify to Grantee that the Subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. Grantee (i) shall not use E-Verify Program or State program procedures to undertake pre-employment screening of job applicants while this Agreement is being performed, (ii) shall notify the Subcontractor and the contracting State agency within 3 days if Grantee has actual knowledge that a Subcontractor is employing or contracting with an illegal alien for work under this Agreement, (iii) shall terminate the subcontract if a Subcontractor does not stop employing or contracting with the illegal alien within 3 days of receiving the notice, and (iv) shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to §8-17.5-102(5), C.R.S., by the Colorado Department of Labor and Employment. If Grantee participates in the State program, Grantee shall deliver to the contracting State agency, Institution of Higher Education or political subdivision, a written, notarized affirmation, affirming that Grantee has examined the legal work status of such employee, and shall comply with all of the other requirements of the State program. If Grantee fails to comply with any requirement of this provision or §§8-17.5-101 et seq., C.R.S., the contracting State agency, institution of higher education or political subdivision may terminate this Agreement for breach and, if so terminated, Grantee shall be liable for damages. Grantee, if a natural person 18 years of age or older, hereby swears and affirms under penalty of perjury that he or she (i) is a citizen or otherwise lawfully present in the United States pursuant to federal law, (ii) shall comply with the provisions of §§24-76.5-101 et seq., C.R.S., and (iii) has produced one form of identification required by §24-76.5-103, C.R.S. prior to the Effective Date of this Agreement. State Agency Insert Department's or IHE's Full Legal Name Option Letter Number Insert the Option Number (e.g. "1" for the first option)

BINDING ARBITRATION PROHIBITED. The State of Colorado does not agree to binding arbitration by any extra-judicial body or person. Any provision to the contrary in this Agreement or incorporated herein by reference shall be null and void. State or other public funds payable under this Agreement shall not be used for the acquisition, operation, or maintenance of computer software in violation of federal copyright laws or applicable licensing restrictions. Grantee hereby certifies and warrants that, during the term of this Agreement and any extensions, Grantee has and shall maintain in place appropriate systems and controls to prevent such improper use of public funds. If the State determines that Grantee is in violation of this provision, the State may exercise any remedy available at law or in equity or under this Agreement, including, without limitation, immediate termination of this Agreement and any remedy consistent with federal copyright laws or applicable licensing restrictions. The signatories aver that to their knowledge, no employee of the State has any personal or beneficial interest whatsoever in the service or property described in this Agreement. Grantee has no interest and shall not acquire any interest, direct or indirect, that would conflict in any manner or degree with the performance of Xxxxxxx’s services and Grantee shall not employ any person having such known interests. [Not applicable to intergovernmental agreements] Subject to §24-30-202.4(3.5), C.R.S., the State Controller may withhold payment under the State’s vendor offset intercept system for debts owed to State agencies for: (i) unpaid child support debts or child support arrearages; (ii) unpaid balances of tax, accrued interest, or other charges specified in §§00-00-000, et seq., C.R.S.; (iii) unpaid loans due to the Student Loan Division of the Department of Higher Education; (iv) amounts required to be paid to the Unemployment Compensation Fund; and (v) other unpaid debts owing to the State as a result of final agency determination or judicial action. [Not applicable to agreements relating to the offer, issuance, or sale of securities, investment advisory services or fund management services, sponsored projects, intergovernmental agreements, or information technology services or products and services] Grantee certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this Agreement and will confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this Agreement, through participation in the E-Verify Program established under Pub. L. 104-208 or the State verification program established pursuant to §8-17.5-102(5)(c), C.R.S., Grantee shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or enter into a contract with a Subcontractor that fails to certify to Grantee that the Subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. Grantee (i) shall not use E-Verify Program or State program procedures to undertake pre-employment screening of job applicants while this Agreement is being performed, (ii) shall notify the Subcontractor and the contracting State agency within 3 days if Grantee has actual knowledge that a Subcontractor is employing or contracting with an illegal alien for work under this Agreement, (iii) shall terminate the subcontract if a Subcontractor does not stop employing or contracting with the illegal alien within 3 days of receiving the notice, and (iv) shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to §8-17.5-102(5), C.R.S., by the Colorado Department of Labor and Employment. If Grantee participates in the State program, Grantee shall deliver to the contracting State agency, Institution of Higher Education or political subdivision, a written, notarized affirmation, affirming that Grantee has examined the legal work status of such employee, and shall comply with all of the other requirements of the State program. If Grantee fails to comply with any requirement of this provision or §§8-17.5-101 et seq., C.R.S., the contracting State agency, institution of higher education or political subdivision may terminate this Agreement for breach and, if so terminated, Grantee shall be liable for damages. Grantee, if a natural person 18 years of age or older, hereby swears and affirms under penalty of perjury that he or she (i) is a citizen or otherwise lawfully present in the United States pursuant to federal law, (ii) shall comply with the provisions of §§24-76.5-101 et seq., C.R.S., and (iii) has produced one form of identification required by §24-76.5-103, C.R.S. prior to the Effective Date of this Agreement. State Agency Insert Department's The Agreement to which these Federal Provisions are attached has been funded, in whole or IHE's Full Legal Name Option Letter Number Insert in part, with an Award of Federal funds. In the Option Number (e.g. "1" for event of a conflict between the first option)provisions of these Federal Provisions, the Special Provisions, the agreement or any attachments or exhibits incorporated into and made a part of the agreement, the provisions of these Federal Provisions shall control.

BINDING ARBITRATION PROHIBITED. The State of Colorado does not agree to binding arbitration by any extra-judicial body or person. Any provision to the contrary in this Agreement Contract or incorporated herein by reference shall be null and void. SOFTWARE PIRACY PROHIBITION. Governor’s Executive Order D 002 00. State or other public funds payable under this Agreement Contract shall not be used for the acquisition, operation, or maintenance of computer software in violation of federal copyright laws or applicable licensing restrictions. Grantee Contractor hereby certifies and warrants that, during the term of this Agreement Contract and any extensions, Grantee Contractor has and shall maintain in place appropriate systems and controls to prevent such improper use of public funds. If the State determines that Grantee Contractor is in violation of this provision, the State may exercise any remedy available at law or in equity or under this AgreementContract, including, without limitation, immediate termination of this Agreement Contract and any remedy consistent with federal copyright laws or applicable licensing restrictions. EMPLOYEE FINANCIAL INTEREST/CONFLICT OF INTEREST. CRS §§ 00-00-000 and 00-00-000. The signatories aver that to their knowledge, no employee of the State has any personal or beneficial interest whatsoever in the service or property described in this AgreementContract. Grantee Contractor has no interest and shall not acquire any interest, direct or indirect, that would conflict in any manner or degree with the performance of XxxxxxxContractor’s services and Grantee Contractor shall not employ any person having such known interests. VENDOR OFFSET. CRS §§ 24-30-202(1) and 24-30-202.4. [Not applicable to intergovernmental agreements] Subject to §CRS § 24-30-202.4(3.5), C.R.S., the State Controller may withhold payment under the State’s vendor offset intercept system for debts owed to State agencies for: (ia) unpaid child support debts or child support arrearages; (iib) unpaid balances of tax, accrued interest, or other charges specified in §§CRS § 00-00-000, et seq., C.R.S.; (iiic) unpaid loans due to the Student Loan Division of the Department of Higher Education; (ivd) amounts required to be paid to the Unemployment Compensation Fund; and (ve) other unpaid debts owing to the State as a result of final agency determination or judicial action. PUBLIC CONTRACTS FOR SERVICES. CRS § 8-17.5-101. [Not applicable to agreements relating to the offer, issuance, or sale of securities, investment advisory services services, or fund management services, sponsored projects, intergovernmental agreements, or information technology services or products and services] Grantee Contractor certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this Agreement Contract and will confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this AgreementContract, through participation in the E-Verify Program established under Pub. L. 104-208 or the State verification program established pursuant to §CRS § 8-17.5-102(5)(c), C.R.S., Grantee . Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement Contract or enter into a contract with a Subcontractor that fails to certify to Grantee Contractor that the Subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this AgreementContract. Grantee Contractor (ia) shall not use E-Verify Program or State program procedures to undertake pre-employment screening of job applicants while this Agreement Contract is being performed, (iib) shall notify the Subcontractor and the contracting State agency within 3 three (3) days if Grantee Contractor has actual knowledge that a Subcontractor is employing or contracting with an illegal alien for work under this AgreementContract, (iiic) shall terminate the subcontract if a Subcontractor does not stop employing or contracting with the illegal alien within 3 three (3) days of receiving the notice, and (ivd) shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to §CRS § 8-17.5-102(5), C.R.S., by the Colorado Department of Labor and Employment. If Grantee Contractor participates in the State program, Grantee Contractor shall deliver to the contracting State agency, Institution of Higher Education Education, or political subdivision, a written, notarized affirmation, affirming that Grantee Contractor has examined the legal work status of such employee, and shall comply with all of the other requirements of the State program. If Grantee Contractor fails to comply with any requirement of this provision or §§CRS § 8-17.5-101 et seq., C.R.S., the contracting State agency, institution Institution of higher education Higher Education, or political subdivision may terminate this Agreement Contract for breach and, if so terminated, Grantee Contractor shall be liable for damages. GranteePUBLIC CONTRACTS WITH NATURAL PERSONS. CRS § 24-76.5-101. Contractor, if a natural person 18 eighteen (18) years of age or older, hereby swears and affirms under penalty of perjury that he or she (ia) is a citizen or otherwise lawfully present in the United States pursuant to federal law, (iib) shall comply with the provisions of §§CRS § 24-76.5-101 et seq., C.R.S., and (iiic) has produced one form of identification required by §CRS § 24-76.5-103, C.R.S. 103 prior to the Effective Date effective date of this AgreementContract. State Agency Insert Department's or IHE's Full Legal Name Option Letter SIGNATURE PAGE Contract Routing Number Insert the Option Number (e.g. "1" for the first option)Insert CMS #.