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with an A.M. Best rating of "AVII" or better and /or otherwise acceptable to the City. <br />Certificates must be submitted using the ACORD form and all endorsements must be included <br />with the submittal. All certificates will provide that coverage under the policies will not be <br />canceled or non - renewed until at least thirty (30) calendar days prior written notice, or ten (10) <br />calendar days notice of cancellation due to the non - payment of premiums is given to the City. <br />Failure of the Engineer to demand a certificate or other sufficient evidence of full compliance <br />with these insurance requirements or failure of the Engineer to identify a deficiency from the <br />evidence that is provided as proof of insurance will not be construed as a waiver of the <br />Engineer's obligation to maintain the required insurance coverage specified herein. If, in the <br />event the City is notified that a required insurance coverage will cancel or non -renew during <br />the contract period, the Engineer agrees to furnish prior to the expiration of such insurance, a <br />new or revised certificate(s) as proof that equal and like coverage is in effect. The City <br />reserves the right, but not the obligation, to withhold payment to the Engineer until coverage is <br />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 />MISCELLANEOUS PROVISIONS <br />A. This Agreement is governed by and will be construed under the laws of the State of <br />Texas. All obligations of both parties are performable and exclusive venue for any dispute <br />arising under 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 <br />this Agreement for any partisan political activity or to further the election or defeat of any <br />candidate for public office. <br />D. The Engineer hereby affirms that Engineer and Engineer's firm have not made or agreed <br />to make any valuable gift whether in the form of service, loan, thing, or promise to any person or <br />7 <br />