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any additional amounts necessary to equal the State’s Cost to Cover. “Cost to <br />Cover” means the cost, properly mitigated of procuring Deliverables or services <br />of equivalent capability, function, and performance. The payment obligation in <br />subsection (e)(ii) above will not exceed the limits on the Contractor’s liability set <br />forth in the Section entitled “Limitation of Liability.” <br />f) EXCEPT FOR THE EXPRESS WARRANTIES SPECIFIED IN THIS SECTION, THE <br />CONTRACTOR MAKES NO WARRANTIES EITHER EXPRESS OR IMPLIED, <br />INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF <br />MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. <br />19.SAFETY AND ACCIDENT PREVENTION: In performing work under this Contract on State <br />premises, the Contractor shall conform to any specific safety requirements contained in t he <br />Contract or as required by law or regulation. The Contractor shall take any additional <br />precautions as the State may reasonably require for safety and accident prevention purposes. <br />Any violation of such rules and requirements, unless promptly corrected, shall be grounds for <br />termination of this Contract in accordance with the default provisions hereof. <br />20.INSURANCE: The Contractor shall maintain all commercial general liability insurance, <br />workers’ compensation insurance and any other insurance required under the Contract. The <br />Contractor shall furnish insurance certificate(s) evidencing required insurance coverage <br />acceptable to the State, including endorsements showing the State as an “additional insured” if <br />required under the Contract. Any required endorsements requested by the State must be <br />separately provided; merely referring to such coverage on the certificates(s) is insufficient for <br />this purpose. When performing work on state owned or controlled property, Contractor shall <br />provide a waiver of subrogation in favor of the State for its workers’ compensation policy. <br />21.TERMINATION FOR NON-APPROPRIATION OF FUNDS: <br />a) If the term of this Contract extends into fiscal years subsequent to that in which it is <br />approved, such continuation of the Contract is contingent on the appropriation of funds for <br />such purpose by the Legislature. If funds to effect such continued payment are not <br />DGS PD 401IT (REVISED AND EFFECTIVE 9/5/14) <br />GENERAL PROVISIONS – INFORMATION TECHNOLOGY <br />DocuSign Envelope ID: 8A67B327-8D8D-41F3-A9AA-0E6612310575