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Last modified
1/14/2020 1:50:57 PM
Creation date
1/14/2020 1:45:09 PM
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Contracts
Company Name
KIMBERLY DURAN
Contract #
N-2020-007
Agency
POLICE
Destruction Year
0
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B. Property Rights <br />1. The completed work will be the property of the City, which retains the sole and <br />absolute right and discretion to maintain, remove, modify, or replace the Family <br />Justice Center, components of the Family Justice Center, or the artwork if <br />necessary without compensation or notice to the artist. <br />2. The Artist grants to the City a lifetime non-commercial license regarding the <br />work(s) listed in Exhibit A. The City shall have the rights to use any images, <br />photographs or video of the artwork and the installation process for publicity or <br />promotional purposes and Artist agrees that the work product created by the City <br />for these purposes shall remain the sole property of the City. <br />C. Payment <br />1. The City will compensate the Artist in the amount of five hundred dollars ($500) <br />for each transmitted digital image. The Artist will receive payment for each <br />transmitted digital image within 30-days of completing the work. Payment need <br />not be made for work which fails to meet the standard of performance specified <br />in Section 1 of this Agreement. <br />D. Indemnity and Release of Liability <br />1. Artist shall defend, indemnify, protect and hold harmless the City, or their elected <br />and appointed officers, employees, members or agents from and against all <br />claims for damages, liability, cost and expense (including without limitation <br />attorney's fees) arising out of or alleged by third parties to the by the result of the <br />negligent acts, errors or omissions or the willful misconduct of the Artist, and <br />Artist's employees, subcontractors or other persons, agencies or firms for whom <br />Artist is legally responsible in connection with the execution of the work covered <br />by this agreement. Artist shall have no duty to indemnify or hold harmless the <br />City if claims, damages, liability, costs, expenses (including without limitation, <br />attorney's fees) arise from the sole negligence or sole willful misconduct of the <br />City subsequent declaration by the Artist. Artist's obligations shall survive the <br />termination of this Agreement. <br />2. Artist agrees to hereby fully release and forever discharge the City from any and <br />all claims, demands, damages, losses, and liabilities (hereinafter collectively <br />referred to as "claims"), which are or may be related to or in any way connected <br />with the negligence or willful misconduct of its officers, officials, employees, or <br />agents in connection with the creation, painting or installation of the artwork. <br />E. Termination <br />2 <br />
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