Laserfiche WebLink
5. Ownership of Copyright <br />The Artist shall retain all copyrights to the Mural image. The City shall <br />identify the Artist as the creator of the Mural Image if it is used in promotional or <br />publicity materials. <br />6. Assignment <br />Neither of the Parties shall assign any rights or obligations under this <br />Agreement. <br />7. Reserved <br />8. Safety <br />Artist shall execute and maintain his work so as to avoid injury or damage <br />to any person or property. In carrying out his services, the Artist shall at all times be in <br />compliance with all applicable local, state and federal laws, rules and regulations, and <br />shall exercise all necessary precautions for the safety of employees/volunteers <br />appropriate to the nature of the work and the conditions under which the work is to be <br />performed. Safety precautions as applicable shall include, but shall not be limited to: (i) <br />adequate life protection and life saving equipment and procedures; (ii) instructions in <br />accident prevention for all employees, volunteers and subcontractors, such as safe <br />walkways, scaffolds, fall protection ladders, bridges, confined space procedures, <br />trenching and shoring, equipment and other safety devices, equipment and wearing <br />apparel as are necessary or lawfully required to prevent accidents or injuries; and (iii) <br />adequate facilities for the proper inspection and maintenance of all safety measures. <br />9. Release of Liability <br />Artist agrees to hereby fully release and forever discharge the City from <br />any and all claims, demands, damages, losses, and liabilities (hereafter collectively <br />referred to as "Claims"), which are or may be related to or in any way connected with <br />the negligence or wilful misconduct of its officers, officials, employees or agents in <br />connection with the creation, painting, or installation of the Mural and the completion of <br />the project. <br />10. Mutual Indemnification <br />A. Artist shall defend (with legal counsel reasonably acceptable to the <br />City), indemnify and hold harmless the City and its officers, officials, employees and <br />agents against any and all liability, amounts paid in settlement costs, penalties, fines, <br />judgments and other costs and expenses, including attorneys' fees, arising out of the <br />active negligence and/or intentional or willful misconduct of the Artist, or his officers, <br />officials, employees, or agents in connection with the Mural. <br />3 <br />