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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. Right 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 /> 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 /> C. The Engineer will not use funds received by it directly or indirectly under the terms of this <br /> Agreement for any partisan political activity or to further the election or defeat of any candidate <br /> 7 <br />