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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. Right to Review and Adjust. 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 /> CERTIFICATE OF INTERESTED PARTIES. <br /> This Engineer is required to electronically create a Certificate of Interested Parties Form <br /> 1295 through the Texas Ethics Commission ("TEC") website <br /> (https://www.ethics.state.tx.us/whatsnew/elf info form1295.htm) and submit a signed and <br /> notarized copy of the form to the City prior to the award of the contract. A contract, including a <br /> City-issued purchase order, will not be enforceable or legally binding until the City receives and <br /> acknowledges receipt of the properly completed Form 1295 from the Engineer. <br /> ARTICLE 9 <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 /> limitations will commence to run and any alleged cause of action will be deemed to have accrued <br /> when the party commencing the cause of action knew or should have known of the existence of <br /> the subject act(s) or failure(s)to act. <br /> 7 <br />