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23.3 The Insurance shall include provisions preventing cancellation or non-renewal without at least 45
<br />days prior notice to the State by certified mail.
<br />23.4 The contractor will require all insurance policies in any way related to the contract and secured and
<br />maintained by the contractor to include clauses stating that each carrier will waive all rights of
<br />recovery, under subrogation or otherwise, against the State of Colorado, its agencies, institutions,
<br />organizations, officers, agents, employees and volunteers.
<br />23.5 All policies evidencing the insurance coverages required hereunder shall be issued by insurance
<br />companies satisfactory to the State.
<br />23.6 The contractor shall provide certificates showing insurance coverage required by this contract to the
<br />State within 7 business days of the effective date of the contract, but in no event later than the
<br />commencement of the services or delivery of the goods under the contract. No later than 15 days
<br />prior to the expiration date of any such coverage, the contractor shall deliver the State certificates of
<br />insurance evidencing renewals thereof. At any time during the term of this contract, the State may
<br />request in writing, and the contractor shall thereupon within 10 days supply to the State, evidence
<br />satisfactory to the State of compliance with the provisions of this section.
<br />23.7 Notwithstanding subsection a of this section, if the Contractor is a "public entity" within the meaning
<br />of the Colorado Governmental Immunity Act, CRS 24-10-101, et seg•, as amended ("Act"), the
<br />contractor shall at all times during the term of this contract maintain only such liability insurance, by
<br />commercial policy or self-insurance, as is necessary to meet its liabilities under the Act. Upon
<br />request by the State, the contractor shall show proof of such insurance satisfactory to the State.
<br />23.8 During any construction phase related to the Services to be performed under this Contract, Contractor
<br />shall require the construction firm(s) and any subcontractors to maintain the following insurance
<br />coverage in the limits shown during the term of their contracts for the construction of the Services. The
<br />Contractor shall provide the CWCB with an Acord Form 25 evidencing said insurance prior to
<br />commencement of construction, maintained until construction is complete, and shall provide the CWCB
<br />with documentation of renewals of said insurance. No payments shall be made to the Contractor unless
<br />all insurance certificates are current.
<br />(a) Worker's compensation and employer's liability insurance in the required statutory amounts.
<br />(b) Automobile liability insurance that includes coverage for all owned, non-owned and hired vehicles
<br />with minimum limits of $1,000,000 combined single limit for bodily injury and property damage.
<br />(c) Commercial general liability insurance with minimum limits of $1,000,000 combined single limit for
<br />each occurrence and $2,000,000 general aggregate. This insurance coverage shall include
<br />products/completed operations and bodily injury/property damage.
<br />24. Governmentallmmunity
<br />Notwithstanding any other provision of this contract to the contrary, no term or condition of this contract
<br />shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits,
<br />protection, or other provisions of the Governmental Immunity Act. The parties understand and agree that
<br />liability for claims for injuries to persons or property arising out of negligence of the State of Colorado, its
<br />departments, institutions, agencies, boards, officials and employees is controlled and limited by the
<br />provisions of sections 24-10-101, et. seq., C.R.S., as now or hereafter amended and the risk management
<br />statutes, sections 24-30-1501, et seq., C.R.S., as now or hereafter amended.
<br />25. Force IVlajeure
<br />Neither Contractor nor the State shall be liable to the other for any delay in, or failure of performance of,
<br />any covenant or promise contained in this contract, nor shall any delay or failure constitute default or give
<br />rise to any liability for damages if, and only to the extent that, such delay or failure is caused by "force
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