Res 2011-140 - Laserfiche WebLink

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with the submittal. All certificates will provide that coverage under the policies will not be canceled or non - renewed until at least thirty (30) calendar days prior written notice, or ten (10) calendar days notice of cancellation due to the non - payment of premiums is given to the City. Failure of the Engineer to demand a certificate or other sufficient evidence of full compliance with these insurance requirements or failure of the Engineer to identify a deficiency from the evidence that is provided as proof of insurance will not be construed as a waiver of the Engineer's obligation to maintain the required insurance coverage specified herein. If, in the event the City is notified that a required insurance coverage will cancel or non -renew during the contract period, the Engineer agrees to furnish prior to the expiration of such insurance, a new or revised certificate(s) as proof that equal and like coverage is in effect. The City reserves the right, but not the obligation, to withhold payment to the Engineer until coverage is reinstated. Certificates and notices will be given to the City at the following address: City of San Marcos Attn: Capital Improvements Department 630 E. Hopkins San Marcos, Texas 78666 F. Right to Review and Adiust. The City reserves the right to review these requirements and to modify insurance coverage and their limits when deemed necessary and prudent. Furthermore, the City reserves the right, but not the obligation, to review and reject any insurer providing coverage because of poor financial condition. ARTICLE 8 MISCELLANEOUS PROVISIONS A. This Agreement is governed by and will be construed under the laws of the State of Texas. All obligations of both parties are performable and exclusive venue for any dispute arising under this Agreement is in Hays County, Texas. B. As to all acts or failures to act by either party to this Agreement, any applicable statute of limitations will commence to run and any alleged cause of action will be deemed to have accrued when the party commencing the cause of action knew or should have known of the existence of the subject act(s) or failure(s) to act. C. The Engineer will not use funds received by it directly or indirectly under the terms of this Agreement for any partisan political activity or to further the election or defeat of any candidate for public office. D. The Engineer hereby affirms that Engineer and Engineer's firm have not made or agreed to make any valuable gift whether in the form of service, loan, thing, or promise to any person or any of his /her immediate family, having the duty to recommend, the right to vote upon, or any 7