Res 2009-038 - Laserfiche WebLink

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City of San Marcos/Guadalupe-Blanco River Authority Service Contract Water Treatment Facilities Article XII - Insurance, Uncontrollable Circumstances and Indemnification coverage and coverage amendments naming the City, its officers, officials and employees as "additional insureds" (except with respect to Workers' Compensation Insurance) and evidencing the Required Insurance. Whenever a Subcontractor is utilized, the Authority shall either obtain and maintain or require the Subcontractor to obtain and maintain appropriate insurance. The City shall have the right, upon request made to the Authority by the City and at any time during the Term, to review the full, original policies of insurance for all Required Insurance. (D) Maintenance of Insurance Coverage. If the Authority fails to pay any premium or self-insured retention for Required Insurance, or if any insurer cancels any Required Insurance policy and the Authority fails to obtain replacement coverage so that the Required Insurance is maintained on a continuous basis, then, at the City's election (but without any obligation to do so), the City, following notice to the Authority, may pay such premium or self-insured retention or procure similar insurance coverage from another carrier, companies or risk management fund. The Authority shall comply with all applicable Required Insurance and take steps necessary to assure the Facilities remain continuously insured in accordance with the requirements of this Service Contract during the Term hereof. The failure of the Authority to obtain and maintain any Required Insurance shall not relieve the Authority of its liability for any losses intended to be insured thereby. Should any failure to provide continuous insurance coverage occur, the Authority shall, to the full extent of its liability under applicable law, defend, indemnify and hold harmless the City against any actual Loss-and- Expense arising out of such failure. SECTION 12.2. UNCONTROLLABLE CIRCUMSTANCES. (A) Relief from Obligations. Except as expressly provided under the terms of this Service Contract, neither party to this Service Contract shall be liable to the other for any loss, damage, delay, default or failure to perform any obligation to the extent it results from an Uncontrollable Circumstance. The parties agree that the relief for an Uncontrollable Circumstance described in this Section shall apply to all obligations in this Service Contract, except to the extent specifically provided otherwise, notwithstanding that such relief is specifically mentioned with respect to certain obligations in this Service Contract but not other obligations. The occurrence of an Uncontrollable Circumstance shall not excuse or delay the performance of a party's obligation to pay monies previously accrued and owing under this Service Contract, or to perform any obligation hereunder not affected by the occurrence of the Uncontrollable Circumstance. The City shall pay the Service Fee during the continuance of any Uncontrollable Circumstance, adjusted to account for any cost reductions achieved through Authority mitigation measures required by subsection (B) of this Section, as well as for any cost increases to which the Authority is entitled under subsection (C) of this Section. 81