Any term or condition in any contract entered into by the state that requires the state to indemnify or hold harmless another person, except as otherwise authorized by law, or by which the state agrees to binding arbitration or any other binding extra-judicial dispute resolution process in which the final resolution is not determined by the state, or by which the state agrees to limit liability of another person for bodily injury, death, or damage to tangible property of the state caused by the negligence or willful misconduct of such person or such person’s employees or agents shall be void ab initio; except that the contract containing that term or condition shall otherwise be enforceable as if it did not contain such term or condition. All contracts entered into by the state, except for contracts with another government, shall be governed by Colorado law notwithstanding any term or condition to the contrary.
Source: Section 24-106-109 — Terms and conditions in contracts, https://leg.colorado.gov/sites/default/files/images/olls/crs2023-title-24.pdf (accessed Oct. 20, 2023).
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Location: https://colorado.public.law/statutes/crs_24-106-109
Original Source: Section 24-106-109 — Terms and conditions in contracts, https://leg.colorado.gov/sites/default/files/images/olls/crs2023-title-24.pdf (last accessed Jul. 25, 2023).
The legislature occasionally skips outline levels. For example:
(3) A person may apply [. ] (4)(a) A person petitioning for relief [. ]
In this example, (3), (4), and (4)(a) are all outline levels, but (4) was omitted by its authors. It's only implied. This presents an interesting challenge when laying out the text. We've decided to display a blank section with this note, in order to aide readability.
Trust but verify. Here is the original source for section 24-106-109Do you have an opinion about this solution? Drop us a line.