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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
<br />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
<br />and Automobile Liability Insurance policies (leases and construction contracts will require the
<br />additional insured coverage for completed operations on endorsements CG 2010 11/85, CG 2037,
<br />or equivalent). Coverage required of the contract will be primary over any insurance or self -
<br />insurance program carried by the State of Colorado.
<br />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 se g., 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 />24. Governmental Immunity
<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,
<br />benefits, protection, or other provisions of the Governmental Immunity Act. The parties understand and
<br />agree that liability for claims for injuries to persons or property arising out of negligence of the State of
<br />Colorado, its departments, institutions, agencies, boards, officials and employees is controlled and limited
<br />by the provisions of sections 24 -10 -101, et. seq., C.R.S., as now or hereafter amended and the risk
<br />management statutes, sections 24 -30 -1501, et seq., C.R.S., as now or hereafter amended.
<br />25. 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;
<br />floods, epidemics; quarantine restrictions; strikes or other labor disputes; freight embargoes; or unusually
<br />severe weather.
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