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� � <br />any remedial action by the State, Grantee also shall remain liable to the State for any damages sustained <br />by the State by virtue of any breach by Grantee and the State may withhold any payment to Grantee for the <br />purpose of mitigating the State's damages, until such time as the exact amount of damages due to the <br />State from Grantee is determined. Upon termination by the State, Grantee shall take timely, reasonable <br />and necessary action to protect and preserve property in the possession of Grantee in which the State has <br />an interest. Further, the State may withhold amounts due to Grantee as the State deems necessary to <br />protect the State against loss because of outstanding liens or claims of former lien holders and to <br />reimburse the State for the excess costs incurred in procuring similar Services. Any action taken by the <br />State hereunder or pursuant to the paragraph 15 shall not be cause for Grantee to terminate this Contract <br />for default or material breach. If, after termination by the State, it is determined for any reason that Grantee <br />was not in default or that Grantee's action/inaction was excusable, such termination shall be treated as a <br />termination for convenience and the rights and obligations of the parties shall be the same as if this <br />Contract had been terminated for convenience, as described herein. <br />23. Insurance <br />23.1 The Grantee 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 any 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 />23.2 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 <br />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 />23.3 The insurance shall inc�ude 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 />Page 9 of 15 <br />