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stated otherwise in this PO or any attachment or exhibit to this PO. If Vendor is a public agency within
<br /> the meaning of the Colorado Governmental Immunity Act, then this section shall not apply and Vendor
<br /> shall instead comply with the Colorado Governmental Immunity Act. The State shall be named as
<br /> additional insured on all commercial general liability policies required of Vendor. All insurance policies
<br /> secured or maintained by Vendor in relation to this Purchase Order shall include clauses stating that
<br /> each carrier shall waive all rights of recovery under subrogation or otherwise against Vendor or the
<br /> State, its agencies, institutions, organizations, officers, agents, employees, and volunteers.
<br /> 22.Termination Prior to Vendor Acceptance. If Vendor has not begun performance under this PO,
<br /> the State may cancel this PO by providing written notice to the Vendor.
<br /> 23.Termination for Cause. (a) If Vendor refuses or fails to timely and properly perform any of its
<br /> obligations under this PO with such diligence as will ensure its completion within the time specified in
<br /> this PO, the State may notify Vendor in writing of non-performance and, if not corrected by Vendor
<br /> within the time specified in the notice, terminate Vendor's right to proceed with this PO or such part
<br /> thereof as to which there has been delay or a failure. Vendor shall continue performance of this PO to
<br /> the extent not terminated. (b) Vendor shall be liable for excess costs incurred by the State in procuring
<br /> similar goods or services and the State may withhold such amounts as the State deems necessary. (c)
<br /> If after rejection, revocation, or other termination of Vendor's right to proceed under the UCC or this
<br /> clause, the State determines for any reason that Vendor was not in default or the delay was excusable,
<br /> the rights and obligations of the State and Vendor shall be the same as if the notice of termination had
<br /> been issued pursuant to termination under §24.
<br /> 24.Termination in Public Interest. The State is entering into this PO for the purpose of carrying out
<br /> the public interest of the State, as determined by its Governor, General Assembly, or Courts. If this PO
<br /> ceases to further the public interest of the State as determined by its Governor, General Assembly, or
<br /> Courts, the State, in its sole discretion, may terminate this PO in whole or in part and such termination
<br /> shall not be deemed to be a breach of the State's obligations hereunder. This section shall not apply to
<br /> a termination for cause, which shall be governed by §23. A determination that this PO should be
<br /> terminated in the public interest shall not be equivalent to a State right to terminate for convenience.
<br /> The State shall give written notice of termination to Vendor specifying the part of this PO terminated
<br /> and when termination becomes effective. Upon receipt of notice of termination, Vendor shall not incur
<br /> further obligations except as necessary to mitigate costs of performance. For services or specially
<br /> manufactured goods, the State shall pay (a) reasonable settlement expenses, (b) this PO price or rate
<br /> for supplies and services delivered and accepted, (c) reasonable costs of performance on unaccepted
<br /> supplies and services, and (d) a reasonable profit for the unaccepted work. For existing goods, the
<br /> State shall pay (e) reasonable settlement expenses, (f) the PO price for goods delivered and accepted,
<br /> (g) reasonable costs incurred in preparation for delivery of the undelivered goods, and (h) a reasonable
<br /> profit for the preparatory work. The State's termination liability under this section shall not exceed the
<br /> total PO price. As a condition for payment under this section, Vendor shall submit a termination proposal
<br /> and reasonable supporting documentation, and cost and pricing data as requested by the State.
<br /> 25.Funds Availability. Financial obligations of the State payable after the State's current fiscal year
<br /> are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made
<br /> available. If this PO is funded in whole or in part with federal funds, this PO is subject to and contingent
<br /> upon the continuing availability of federal funds for the purposes hereof. The State represents that it
<br /> has set aside sufficient funds to make payment for goods delivered in a single installment, in
<br /> accordance with the terms of this PO.
<br /> 26.Governmental Immunity. Liability for claims for injuries to persons or property arising from the
<br /> negligence of the State, its departments, boards, commissions committees, bureaus, offices,
<br /> employees and officials shall be controlled and limited by the provisions of the Colorado Governmental
<br /> Immunity Act, CRS §24-10-101 , et seq., the Federal Tort Claims Act, 28 U.S.C. Pt. VI, Ch. 171 and 28
<br /> U.S.C. 1346(b), and the State's risk management statutes, CRS §§24-30-1501 , et seq. No term or
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<br /> Effective 7/1/2022
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