|
insured coverage for completed operations on endorsements CG 2010 11/85, CG 2037, or
<br />equivalent). Coverage required of the contract will be primary over any insurance or self-insurance
<br />program carried by the State of Colorado.
<br />22.3 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 />22.4 All policies evidencing the insurance coverages required hereunder shall be issued by insurance
<br />companies satisfactory to the State.
<br />22.5 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 under the contract. No later than 15 days prior to the expiration date
<br />of any such coverage, the contractor shall deliver the State certificates of insurance evidencing
<br />renewals thereof. At any time during the term of this contract, the State may request in writing, and
<br />the contractor shall thereupon within 10 days supply to the State, evidence satisfactory to the State of
<br />compliance with the provisions of this section.
<br />22.6 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 seq., 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. 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 />24. Force Majeure
<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
<br />majeure." As used in this contract "force majeure" means acts of God; acts of the public enemy; public
<br />health/safety emergency acts of the State or any governmental entity in its sovereign capacity; fires; floods,
<br />epidemics; quarantine restrictions; strikes or other labor disputes; freight embargoes; or unusually severe
<br />weather.
<br />MISCELLANEOUS PROVISIONS
<br />25. Representatives
<br />Each individual identified below is the principal representative of the designating party. All notices required
<br />to be given to a party pursuant to this contract shall be hand delivered with receipt required or sent by
<br />certified or registered mail to such party's principal representative at the address for such party set forth
<br />below. Either party may from time to time designate by written notice substitute addresses or persons to
<br />whom such notices shall be sent.
<br />For the State:
<br />Page 9 of 14
<br />
|