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21. Termination for Default/Cause
<br />If Contractor refuses or fails to perform any of the provisions of this contract with such diligence as will
<br />ensure its completion within the time and pursuant to the requirements and terms specified in this contract,
<br />the State may notify Contractor in writing of such non-performance. If Contractor fails to promptly correct
<br />such delay or non-performance within the time specified, the State, may at its option, terminate this entire
<br />contract or such part of this contract as to which there has been delay or a failure to properly perform. If
<br />terminated for cause, the State shall only reimburse Contractor for accepted work or deliverables received
<br />up to the date of termination and final payments may be withheld. In the event of termination, all finished or
<br />unfinished documents, data, studies, research surveys, reports, other materials prepared by Contractor, or
<br />materials owned by the State in the possession of Contractor, at the option of the State, shall be returned
<br />immediately to the State or retained by the State as its property. At the State's option, Contractor shall
<br />continue performance of this contract to the extent not terminated, if any, and shall be liable for excess
<br />costs incurred by the State in procuring from third parties replacement services or substitute goods as
<br />cover. Notwithstanding any remedial action by the State, Contractor also shall remain liable to the State for
<br />any damages sustained by the State by virtue of any breach by Contractor and the State may withhold any
<br />payment to Contractor for the purpose of mitigating the State's damages, until such time as the exact
<br />amount of damages due to the State from Contractor is determined. Upon termination by the State,
<br />Contractor shall take timely, reasonable and necessary action to protect and preserve property in the
<br />possession of Contractor in which the State has an interest. Further, the State may withhold amounts due
<br />to Contractor as the State deems necessary to protect the State against loss because of outstanding liens
<br />or claims of former lien holders and to reimburse the State for the excess costs incurred in procuring similar
<br />goods or services. Any action taken by the State hereunder or pursuant to paragraph 15 shall not be
<br />cause for Contractor to terminate this Contract for default or material breach. If, after termination by the
<br />State, it is determined for any reason that Contractor was not in default or that Contractor's action/inaction
<br />was excusable, such termination shall be treated as a termination for convenience and the rights and
<br />obligations of the parties shall be the same as if this contract had been terminated for convenience, as
<br />described herein.
<br />22. Insurance
<br />22.1 The Contractor shall obtain, and maintain at all times during the term of this agreement, insurance in
<br />the following kinds and amounts:
<br />a. Worker's Compensation Insurance as required by state statute, and Employer's Liability Insurance
<br />covering all of the Contractor's employees acting within the course and scope of their
<br />employment.
<br />b. Commercial General Liability Insurance written on ISO occurrence form CG 00 01 10/93 or
<br />equivalent, covering premises operations, fire damage, independent contractors, products and
<br />completed operations, blanket contractual liability, personal injury, and advertising liability with
<br />minimum limits as follows:
<br />i. $1,000,000 each occurrence;
<br />ii. $1,000,000 general aggregate;
<br />iii. $1,000,000 products and completed operations aggregate; and
<br />iv. $50,000 any one fire.
<br />If ~ aggregate limit is reduced below $1,000,000 because of claims made or paid, the contractor
<br />shall immediately obtain additional insurance to restore the full aggregate limit and furnish to the
<br />State a certificate or other document satisfactory to the State showing compliance with this provision.
<br />c. Automobile Liability Insurance covering any auto (including owned, hired and non-owned autos)
<br />with a minimum limit as follows: $1,000,000 each accident combined single limit.
<br />22.2 The State of Colorado shall be named as additional insured on the Commercial General Liability and
<br />Automobile Liability Insurance policies (leases and construction contracts will require the additional
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