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CMS 62167 <br /> CMS#6549S <br /> 4.2.2. Operator agrees to pay I.5%per month of any outstanding amount,accruing the first <br /> day payment is past due,plus costs of collection,including reasonable attorney's fees <br /> and costs on all past duc amounts, <br /> 5. Insurance: <br /> Operator and its subcontractors shall obtain and maintain all insurances as specified in this section at <br /> all times during the term of this Agreement.Alt policies evidencing the insurance coverage required <br /> hereunder shall be issued by insurance companies satisfactory to Operator and the State. <br /> 5.1. Operator shall procure and maintain,and shall require each contract with subcontractors, <br /> providing goods or services in connection with this Agreement,to procure and maintain <br /> insurance requirements substantially simder to the following: <br /> S.I.I. Worker's Compensation: Worker's Compensation Insurance as required by Colorado <br /> statute,and Employer's Liability Insurance covering all of Operator's employees acting <br /> within the coupe and scope of their employment. <br /> 5.1.2. General Liability: Commercial General Liability Insurance written on ISO occurrence <br /> form CO 00 01 10/93 or equivalent,covering premises operations,fire damage, <br /> independent contractors,products and completed operations,blanket contractual <br /> liability,personal injury,and advertising liability with minimum limits as follows:(a) <br /> $1,0t10,000 each occurrence;(b)S1,000,000 general aggregate;(c)S1,000,000 products <br /> and completed operations aggregate;and(d)$50.000 any one fire. If any aggregate <br /> limit is reduced below S 1,000,000 because of claims trade or paid,subcontractor shall <br /> immediately obtain additional insurance to restore the full aggregate limit and knish to <br /> Operator a certificate or other document satisfactory to Operator showing compliance <br /> with this provision. <br /> 5.1.3. Automobile Liability:Automobile Liability Insurance covering any auto(including <br /> owned,hired and non-owned autos)with a minimum limit of S 1,000,000 each accident <br /> combined single limit. <br /> 5.1.4. Additional Insured:The stale of Colorado shall be named ore additional insured on all <br /> Commercial General Liability Insurance policies required of Operaior and any <br /> subcontractors hereunder. <br /> 5.1.5. Primacy of Coverage:: Coverage required of Operator and subcontractor shall be <br /> primary over any insurance or self-insurance program carried by Operator or the State. <br /> 5.1.6. Cancellation:The above insurance policies shall include provisions preventing <br /> cancellation or non-renewal without at Ieast thirty(30)days prior notice to Operator <br /> and Operator shall forward such notice to the State in accordance with 17.1"Notices" <br /> within seven(7)days of Operator's receipt of such notice. <br /> S.1.7. Subrogation Waives:All insurance policies in any way related to this Agreement and <br /> secured and maintained by Operator or its subcontractors as required herein shall <br /> include clauses stating that each carrier shall waive all rights of recovery,under <br /> subrogation or otherwise,against Operator or the state of Colorado,its agencies, <br /> institutions,organizations,officers,agents,employees,and volunteers. <br /> 5.2. Certificates. Operator and all subcontractors shall provide eeti6eates showing insurance <br /> coverage required hereunder to the State within seven business days of the Effective Date of <br /> this Agreement No later than fifieen(15)days prior to the expiration date of any such coverage, <br /> Operator and each subcontractor shall deliver to the State or Operator certificates of insurance <br /> evidencing renewals thereof.In addition,upon request by the State at any other time during the <br /> term of this Agreement or any subcontract,Operator and each subcontractor shall,within text <br /> (10)days of such request,supply to the State evidence satisfactory to the State of compliance <br /> with the provisions of this§5. <br /> Page 4 of 10 <br /> Exhibit H-4 <br /> N -30 <br />