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fully and solely responsible for any costs or expenses as a result of a coverage deductible, <br />coinsurance penalty, or self - insured retention; including any loss not covered because of the <br />operation of such deductible, coinsurance penalty, or self - insured retention. <br />D. Subcontractor's Insurance. The Engineer will ensure that each subcontractor employed <br />by the Engineer for this Project purchases and maintains insurance of the types specified, provided <br />that the Engineer's insurance does not afford coverage on behalf of the subcontractor. <br />E. Certificate of Insurance Form. The Engineer will furnish the City with a certificate(s) <br />of insurance, executed by a duly authorized representative of each insurer, showing compliance <br />with the insurance requirements. The certificate must be from a company with an A.M. Best rating <br />of "AVII" or better and/or otherwise acceptable to the City. Certificates must be submitted using <br />the ACORD form and all endorsements must be included with the submittal. All certificates will <br />provide that coverage under the policies will not be canceled or non - renewed until at least thirty <br />(30) calendar days prior written notice, or ten (10) calendar days' notice of cancellation due to the <br />non - payment of premiums is given to the City. Failure of the Engineer to demand a certificate or <br />other sufficient evidence of full compliance with these insurance requirements or failure of the <br />Engineer to identify a deficiency from the evidence that is provided as proof of insurance will not <br />be construed as a waiver of the Engineer's obligation to maintain the required insurance coverage <br />specified herein. If, in the event the City is notified that a required insurance coverage will cancel <br />or non -renew during the contract period, the Engineer agrees to furnish prior to the expiration of <br />such insurance, a new or revised certificate(s) as proof that equal and like coverage is in effect. <br />The City reserves the right, but not the obligation, to withhold payment to the Engineer until <br />coverage is reinstated. Certificates and notices will be given to the City at the following address: <br />City of San Marcos <br />Attn: Engineering and Capital Improvements Department <br />630 E. Hopkins <br />San Marcos, Texas 78666 <br />F. Ri!ht to Review and Adiust. The City reserves the right to review these requirements <br />and to modify insurance coverage and their limits when deemed necessary and prudent. <br />Furthermore, the City reserves the right, but not the obligation, to review and reject any insurer <br />providing coverage because of poor financial condition. <br />ARTICLE 8 <br />MISCELLANEOUS PROVISIONS <br />A. This Agreement is governed by and will be construed under the laws of the State of Texas. <br />All obligations of both parties are performable and exclusive venue for any dispute arising under <br />this Agreement is in Hays County, Texas. <br />B. As to all acts or failures to act by either party to this Agreement, any applicable statute of <br />7 <br />